|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
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 ...
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 ...
Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework 69 Md. L. Rev. 78 (2010)
In this Essay, Professor Levine briefly explores Dickerson v. United States, the important 2000 decision in which a divided United States Supreme Court held that the standard established in Miranda v. Arizona continues to govern ...
Untold Stories of Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity 60 A.F.L. Rev. 205 (2010)
In 1986, the United States Supreme Court handed down a 5-4 decision ruling that Air Force regulations prohibiting Simcha Goldman from wearing a yarmulke while in uniform did not violate Goldman’s First Amendment right to ...
Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment, in a Comparative Hermeneutic Framework 69 Mich. St. L. Rev. 277 (2009)
In this Essay, Levine focuses on a particular hermeneutic approach common to the interpretation of the Torah and the United States Constitution: a presumption against superfluity. This presumption accords to the text a considerable degree ...