|Present||Director of Jewish Law Institute, Touro College Jacob D. Fuchsberg Law Center|
|Present||Professor of Law, Touro College Jacob D. Fuchsberg Law Center|
- Criminal Law
- Professional Responsibility
- Jewish Law
Touro College Jacob D. Fuchsberg Law Center
225 Eastview Drive
Central Islip, NY, 11722
Office Phone: 631-761-7138
Was Yosef on the Spectrum? Understanding Joseph Through Torah, Midrash, and Classical Jewish Sources (Introduction) Urim Publications (2019)
The story of Yosef (Joseph) presents some of the most challenging questions of all biblical narratives. Yosef’s behavior, interpersonal relationships, and personal journey and development are often difficult to understand, and at times seem to ...
Jewish Law and American Law: A Comparative Study Touro College Press (2018)
Recent decades have seen the emergence of comparative law, both as an important area of American legal practice and as a significant field of academic study in American law schools and universities. The comparative study ...
Contributions to Books (2)
Introduction, Legal Scholarship in Jewish Law William S. Hein & Co., Inc. (2017)
In recent years, Jewish law has gained significant prominence in American legal scholarship, producing a substantial body of literature exploring the Jewish legal system, both on its own terms and in comparative perspective. In particular, ...
Recent Applications of the Supreme Court's Hands-Off Approach to Religious Doctrine: From Hosanna-Tabor and Holt to Hobby Lobby and Zubik Cambridge University Press (2017)
In each of the past four terms, the United States Supreme Court has decided a case with important implications for the interpretation and application of the Religion Clauses of the United States Constitution: Hosanna-Tabor Evangelical ...
Disciplinary Regulation of Prosecutorial Discretion: What Would a Rule Look Like? Ohio State Journal of Criminal Law (2019)
This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that ...
The Constitution as Poetry Seton Hall L. Rev. (2019)
Building upon a body of scholarship that compares constitutional interpretation to biblical and literary interpretation, and relying on an insight from a prominent nineteenth century rabbinic scholar, this Article briefly explores similarities in the interpretation ...
Another Look at Lawyer Discretion to Assist Clients in Unlawful Conduct: A Response to Professor Tremblay Florida Law Review Forum (2018)
Professor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of lawyers: the question of whether lawyers may assist ...
Foreword to the Conference: Louis D. Brandeis: An Interdisciplinary Retrospective Touro Law Review (2017)
On March 31-April 1, 2016, Touro Law Center and the Jewish Law Institute hosted a national conference: Louis D. Brandeis: An Interdisciplinary Retrospective. More than thirty judges, lawyers, and scholars, across a broad range of ...
The Potential Utility of Disciplinary Regulation as a Remedy for Abuses of Prosecutorial Discretion 12 Duke J. Const. L. & Pub. Pol'y 1 (2017)
This Essay is part of a larger project exploring the possibility that, contrary to much of the prevailing scholarship, judicial supervision of the prosecutor’s charging decision—through both expansive judicial interpretation of current ethics rules and ...
Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis 14 Ohio St. J. Crim. L. 143 (2016)
Although courts have traditionally relied primarily on prosecutors’ individual self-restraint and institutional self-regulation to curb prosecutors’ excesses and redress their wrongdoing, aspects of prosecutors’ conduct can be regulated externally as well. One potential source of ...
Internet Ethics, American Law, and Jewish Law: A Comparative Overview 21 J. Tech. L. & Pol’y 37 (2016)
Societies are governed by codes of ethics. In developed societies, parts of these codes form a set of laws, enforceable by legal authorities, with or without assistance from the populace. At times, laws are crafted ...
A Critique of Hobby Lobby and the Supreme Court's Hands-Off Approach to Religion 91 Notre Dame L. Rev. Online 26 (2015)
Over the past several decades, the United States Supreme Court has demonstrated an increasing refusal to engage in a close evaluation of the religious nature of Free Exercise and Establishment Clause claims, instead deferring to ...
Judicial Rhetoric & Lawyers' Roles 90 Notre Dame L. Rev. 1989 (2015)
Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part ...
Foreword: Conference on Religious Legal Theory: RLT IV: Expanding the Conversation 30 Touro L. Rev. 1 (2014)
In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) ...
A Look at the Establishment Clause Through the Prism of Religious Perspectives: Religious Majorities, Religious Minorities, and Nonbelievers 87 Chi.-Kent L. Rev. 775 (2012)
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of ...
Hosanna-Tabor and Supreme Court Precedent: An Analysis of the Ministerial Exception in the Context of The Supreme Court’s Hands-Off Approach to Religious Doctrine 106 Nw. U. L. Rev. Colloquy 120 (2011)
The United States Supreme Court‘s review of the decision of the United States Court of Appeals for the Sixth Circuit in the case of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC could lead to ...