Fortunately, the Land Court judges are very experienced with the subject matter and quite helpful in guiding attorneys along in the process.
Some limit the application of the Jewish legal system to property issues, others extend it to apply to all secular law that does not violate Jewish law.
In any case, Hausman’s suggestion that halacha is a personal legal system—not relevant to civic life and politics—neglects both Jewish history and halacha itself.
This Article demonstrates that political actors also entrench themselves and their policies through an array of functional alternatives.
By enacting substantive policies that strengthen political allies or weaken political opponents, by shifting the composition of the political community, or by altering the structure of political decision making, political actors can achieve the same entrenching results without resorting to the kinds of formal rule changes that raise red flags.
Similarities between Judaism and Islam are easy to see.
Both are monotheistic religions for whom the Lord is One. In both, law is central, and personal and social existence is governed by a divinely ordained legal system.
For helpful comments and suggestions, the authors thank Will Baude, Adam Cox, Michael Farbiarz, Catherine Fisk, Heather Gerken, Jacob Gersen, Don Herzog, Sam Issacharoff, Michael Klarman, Rick Pildes, John Rappaport, Daphna Renan, Shalev Roisman, David Schleicher, David Skeel, and Adrian Vermeule, along with workshop participants at the NYU School of Law, the University of Chicago Law School, and the University of Virginia School of Law.
The authors also gratefully acknowledge the superb research assistance provided by Meredith Boak, Nikolas Bowie, Daniel Crossen, Alison Deich, William Dreher, Parimal Garg, Scott Hochberg, Rachel Homer, Juhyung Harold Lee, Carly Rush, Mary Schnoor, Joshua Segal, and Julie Siegel. The challenge is then to make victories “stay won”—to protect them from reversal when political fortunes shift.
An unacceptable likelihood exists that the brutality or cold-blooded nature of any particular crime would overpower mitigating arguments based on youth as a matter of course, even where the juvenile offender's objective immaturity, vulnerability, and lack of true depravity should require a sentence less severe than death. In chilling, callous terms he talked about his plan, discussing it for the most part with two friends, Charles Benjamin and John Tessmer, then aged 15 and 16 respectively. Crook's bedroom, where he recognized her from a previous car accident involving them both.
When a juvenile commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity. The United States is the only country in the world that continues to give official sanction to the juvenile penalty. Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge. Simmons later admitted this confirmed his resolve to murder her.
There are also many obvious parallels between Judaism’s legal system, known as halacha, and the Islamic legal order of sharia.