scholarly journals JEWISH LAW, STATE, AND SOCIAL REALITY: PRENUPTIAL AGREEMENTS FOR THE PREVENTION OF DIVORCE REFUSAL IN ISRAEL AND THE UNITED STATES

2018 ◽  
Vol 33 (1) ◽  
pp. 61-88
Author(s):  
Amihai Radzyner
Keyword(s):  
United States ◽  
Jewish Woman ◽  
Main Tool ◽  
The United States ◽  
Western World ◽  
Jewish Law ◽  
State Law ◽  
Jewish Women ◽  
The Common ◽  
Official Status

AbstractRabbinical courts in Israel serve as official courts of the state, and state law provides that a Jewish couple can obtain a divorce only in these courts, and only strictly according to Jewish law. By contrast, in the Western world, especially the United States, which has the largest concentration of Jews outside of Israel, the Jewish halakha is not a matter of state law, and rabbinical courts have no official status. This article examines critically the common argument that for a Jew committed to the halakha, and in particular for a Jewish woman who wants to divorce her husband, a state-sponsored halakhic system is preferable to a voluntary one. This argument is considered in light of the main tool that has been proven to help American Jewish women who wish to obtain a halakhic divorce from husbands refusing to grant it: the prenuptial agreement. Many Jewish couples in the United States sign such an agreement, but only a few couples in Israel do so, primarily because of the opposition of the rabbinical courts in Israel to these agreements. The article examines the causes of this resistance, and offers reasons for the distinction that exists between the United States and Israel. It turns out that social and legal reality affect halakhic considerations, to the point where rabbis claim that what the halakha allows in the United States it prohibits in Israel. The last part of the article uses examples from the past to examine the possibility that social change in Israel will affect the rulings of rabbinical courts on this issue.

Legal Pluralism in the West

2021 ◽  
pp. 97-128
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
United States ◽  
New Zealand ◽  
Legal Status ◽  
The United States ◽  
Modern State ◽  
Jewish Law ◽  
State Law ◽  
The West ◽  
Community Law ◽  
Indigenous Law

This chapter counters the widely held view in the West that the state exercises a monopoly over law. Romani (Gypsy) communities across Europe have lived in accordance with their own law for a thousand years. Indigenous law and tribunals exist in New Zealand, Canada, Australia, and the United States, in various relationships with state law. In a number of Western countries, Jewish law and Muslim law and institutions interact with state law as well as exist apart from state law. All of these examples involve the continuation of community legal orders (customary and religious) that long predate the modern state and have continued in different forms, adjusting to and surviving the extension and penetration of state law. In many of these contexts, state law has tried to suppress, denigrate, or ignore these bodies of community law, denying their legal status, but despite of this treatment they continue to exist and are considered law by adherents.

Benjamin Henry Latrobe and the nomenclature of two North American fishes

1987 ◽  
Vol 14 (1) ◽  
pp. 85-88
Author(s):  
CHARLOTTE M PORTER
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
American Shad ◽  
New Name ◽  
The Common ◽  
Fish Louse

A curious error affects the names of three North American clupeids—the Alewife, American Shad, and Menhaden. The Alewife was first described by the British-born American architect, Benjamin Henry Latrobe in 1799, just two years after what is generally acknowledged as the earliest description of any ichthyological species published in the United States. Latrobe also described the ‘fish louse’, the common isopod parasite of the Alewife, with the new name, Oniscus praegustator. Expressing an enthusiasm for American independence typical of his generation, Latrobe humorously proposed the name Clupea tyrannus for the Alewife because the fish, like all tyrants, had parasites or hangers-on.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Raanan Rein, Fútbol, Jews and the Making of Argentina, trans. Marsha Grenzeback. Stanford: Stanford University Press, 2014. 166 pp.

2018 ◽  
Keyword(s):  
United States ◽  
Jewish Identity ◽  
The United States ◽  
Orthodox Jewish ◽  
Literary Representations ◽  
Stanford University ◽  
Common Theme ◽  
American Jews ◽  
The Common ◽  
The One

This chapter reviews the books Fútbol, Jews and the Making of Argentina (2014), by Raanan Rein, translated by Marsha Grenzeback, and Muscling in on New Worlds: Jews, Sport, and the Making of the Americas (2014), edited by Raanan Rein and David M.K. Sheinin. Rein’s book deals with the “making” of Argentina through football (soccer), while Muscling in on New Worlds focuses on the “making” of the Americas (mainly the one America, called the United States) through sports. Muscling in on New Worlds is a collection of essays that seeks to advance the common theme of sport as “an avenue by which Jews threaded the needle of asserting a Jewish identity.” Topics include Jews as boxers, Jews and football, Jews and yoga, Orthodox Jewish athletes, and American Jews and baseball. There are also essays about the cinematic and literary representations of Jews in sports.

The Politics of US Latino Literature and American Realism

2019 ◽  
pp. 231-248
Author(s):  
Ramón J. Guerra
Keyword(s):  
United States ◽  
Social Justice ◽  
Mexican Revolution ◽  
The United States ◽  
Spanish American ◽  
Spanish American War ◽  
Men And Women ◽  
Latino Literature ◽  
The Common ◽  
Racial Ethnic

This chapter examines the development of Latino literature in the United States during the time when realism emerged as a dominant aesthetic representation. Beginning with the Treaty of Guadalupe Hidalgo (1848) and including the migrations resulting from the Spanish-American War (1898) and the Mexican Revolution (1910), Latinos in the United States began to realistically craft an identity served by a sense of displacement. Latinos living in the United States as a result of migration or exile were concerned with similar issues, including but not limited to their predominant status as working-class, loss of homeland and culture, social justice, and racial/ethnic profiling or discrimination. The literature produced during the latter part of the nineteenth century by some Latinos began to merge the influence of romantic style with a more socially conscious manner to reproduce the lives of ordinary men and women, draw out the specifics of their existence, characterize their dialects, and connect larger issues to the concerns of the common man, among other realist techniques.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common

Horace Mann and the Common School Revival in the United States

1899 ◽  
Vol 4 (4) ◽  
pp. 743
Author(s):  
John Dewey ◽  
B. A. Hinsdale
Keyword(s):  
United States ◽  
The United States ◽  
Common School ◽  
The Common

Advanced Introduction to U.S. Environmental Law

2021 ◽  
Author(s):  
E. Donald Elliot ◽  
Daniel C. Esty
Keyword(s):  
United States ◽  
Environmental Governance ◽  
Environmental Law ◽  
The United States ◽  
State Law ◽  
Comprehensive Overview ◽  
Administrative Agencies ◽  
The Creation

Providing a comprehensive overview of the current and developing state of environmental governance in the United States, this Advanced Introduction lays out the foundations of U.S. environmental law. E. Donald Elliott and Daniel C. Esty explore how federal environmental law is made and how it interacts with state law, highlighting the important role that administrative agencies play in the creation, implementation, and enforcement of U.S. environmental law.

Dimensions of Jewish-American Identity

1973 ◽  
Vol 33 (3) ◽  
pp. 891-900 ◽  
Author(s):  
Itai Zak
Keyword(s):  
United States ◽  
Factor Analysis ◽  
Test Scores ◽  
Common Factor ◽  
The United States ◽  
American Identity ◽  
Jewish American ◽  
Cast Doubt ◽  
The Common ◽  
High Degree

The main problem posed in this study is: What are the content and structure of Jewish and American identity? The Jewish-American Identity Scale, which was adapted and refined for this study, was administered in 1971 to four samples, totaling 1006 Jewish-American college students from various parts of the United States. Initially, factor analysis was applied to the separate samples. Intersample comparisons of factor structures indicated a high degree of congruency; consequently, the samples were combined for subsequent analyses. Factor analysis of the test scores demonstrated that most of the common factor variance was appropriated by two relatively orthogonal factors. Items dealing with American identity and those dealing with Jewish identity had medium to high loadings on the two respective factors. These findings supported the hypothesis of the duality and the orthogonality of dimensions of Jewish and American identity, and cast doubt on the notion forwarded by some researchers that Jewish-American identity forms a bipolar continuum.

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