Academic Articles
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2024

Don’t Kill the Baby: The Case for AI in Arbitration (preprint and forthcoming in the NYU Journal of Law and Business)

September 23, 2024

Adoption, Personal Status and Jewish Law,The Oxford Handbook of Religious Perspectives on Reproductive Ethics, 221-238 (2024)

September 9, 2024

ברכת כהנים על ידי כהן שחי באיסור עם בן זוג, Techimin 44: pages 499-505 (2024)

July 15, 2024

June 23, 2024

The Worst Choice For School Choice: Tuition Tax Credits Are A Bad Idea And Direct Funding Is Wiser, Columbia Journal of Tax Law 15:77-129 (2024)

May 2, 2024

Pressures Faced by Poskim, Conversations 43:91-113 (2024)

May 2, 2024

Pressures Faced by Poskim, Conversations 43:91-113 (2024)

April 25, 2024

A Belated Book Review: Rabbi Dr. Emanuel Rackman, “Israel’s Emerging Constitution” (1954) and Its Continued Relevance, April 18, 2024

April 18, 2024

Learning Law in Elementary and High School: Innovating Civics Education for a More Empowered Citizenry”19 NW. J. L. & SOC. POL’Y. 264 (2024).

April 18, 2024
2023

Contract Law Should be Faith Neutral: Reverse entanglement would be stranglement for religious arbitration

August 24, 2023

Learning Law Young: Towards a More Robust, Impactful Civics Education Modeled Off of Jewish Law

January 1, 2023
2022

“Why Are Women Obligated in Some Time-Bound Positive Commandments and Exempt from Others? A New Theory”

August 21, 2022

Religious Values of Secular Charted Institutions

January 11, 2022

The Concept of Human Rights in Judaism, in The Concept of Human Rights in Judaism, Christianity and Islam.

January 1, 2022

A Tale of Two Pandemics? How a Law for Torah Reading Became a ‘Dead Letter’ in the Wake of the Black Death—and Was Brought Back to Life by COVID-19.  (co-author, Steven Weiner)

January 1, 2022

Religious Values in Secular Institutions? Yeshiva University and the Future of Religiously Affiliated (but Secularly Chartered)

January 1, 2022

The Rule of the Talmud vs the Rule of Rabbinic Consensus in the Orach Chaim Section of Rabbi Yeheil Mikjel Epstein’s Arukh HaShulhan

January 1, 2022
2021

Cases Presented in Rabbinical Court

December 9, 2021

May One Converted Younger than Three Marry a Kohein

December 7, 2021

Religious Arbitration in America

November 1, 2021

Rabbi Yeheil Michel Epstein and his Arukh Hashulchan

September 22, 2021

Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel

January 1, 2021

In Contracts We Trust (and No One Can Change Their Mind)! There Should Be No Special Treatment for Religious Arbitration

January 1, 2021

Human Rights in Judaism With a Focus on Religious Freedom, Forthcoming in Georges Tamer and Katja Thörner (eds.)

January 1, 2021
2020

The Effectiveness of (Rabbinic) Prenuptial Agreements in Preventing Marital Captivity

January 1, 2020

An Analysis of Rabbi Moshe Sternbuch’s Responsa (Teshuvah) on the Beth Din of America’s Prenuptial Agreement

January 1, 2020

Rethinking Religious Marriages When Done Without Any Civil Marriage: Non-Marriage, Neo-Marriage, Marriage or Something Else?

January 1, 2020
2019

Faith-Based Arbitration Evaluated: The Policy Arguments For and Against Religious Arbitration in America ​

January 31, 2019

Building the Set Table: An Introduction to the Jurisprudence of Rabbi Yehiel Mikhel Epstein’s Arukh ha-Shulhan in Contrast to the Mishnah Berurah

January 1, 2019

The Rise of Religious Arbitration in America: American Arbitration Law, Jewish Batai Din, Protestant Peacemaker Panels, and Islamic Sharia Court Reviewed

January 1, 2019
2018

The Behavior of Jewish Judges: A Theoretical Study of Religious Decision-making

January 1, 2018

Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West – Chapter 1: The Rise of Religious Arbitration

January 1, 2018
2017

Playground Resurfacing and Religious Arbitration are Very Similar Activities: Trinity Lutheran Church as Applied to Religious Arbitration

January 1, 2017

Jewish Ethics in Torah Reading: Balancing Hatred, Ways of Peace, Holiness, Communal Dignity, and the Obligation to Read Torah on Shabbat when Five Israelite Men are not Present

January 1, 2017

Editorial

January 1, 2017
2016

Multicultural ADR and Family Law: A Brief Introduction to the Complexities of Religious Arbitration

August 24, 2016
2015

Freedom of Disassociation and Religious Communities: A Jewish Model for Associational Rights

December 1, 2015

Editorial

August 24, 2015

Faith-Based Private Arbitration as a Model for Preserving Rights and Values in a Pluralistic Society

August 24, 2015
2014

Plonit v. Ploni: The Get from the Man in a Permanent Vegetative State

August 24, 2014

The Pillars of Successful Religious Arbitration: Models for American Islamic Arbitration based on the Beth Din of America and Muslim Arbitration Tribunal Experience

August 24, 2014

Happiness—and Unhappiness—as Legally Significant Categories in Jewish Law

August 24, 2014
2013

Understanding Rights in Context: Freedom of Contract or Freedom from Contract?

August 24, 2013
2012

Does Maimonides Require Acceptance of Commandments for Conversion?

September 24, 2012

Jewish Law Courts in America: Lessons Offered to Sharia Courts by the Beth Din of America

August 24, 2012

Custom as a Source of Jewish Law

August 24, 2012

Some Thoughts on New York State Regulation of Jewish Marriage: Covenant, Contract or Statute?

August 24, 2012

The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura

August 24, 2012
2011

Orthodox Women Rabbis? Tentative Thoughts that Distinguish Between the Timely and the Timeless

August 24, 2011
2010

A Mathematical Analysis of the Structure of the Jewish Calendar: Perfection as the Enemy of the Very Good

August 24, 2010

May a Convert be a Member of a Rabbinical Court for Conversion?

August 24, 2010

The Giving of Charity in Jewish Law: For What Purpose and Toward What Goal?

August 24, 2010

A Proposed Tripartite Agreement to Solve Some of the Agunah Problems: A Solution Without Any Motivation

August 24, 2010

Hair Covering and Jewish Law: A Response

February 24, 2010
2009

May the Jewish Daughter of a Gentile Man Marry a Kohen?

August 24, 2009

Entering a Sanctuary for Hatzalat Yisrael: An Exchange

August 24, 2009

Review Essay: Transforming Identity: The Ritual Transition from Gentile to Jew

January 24, 2009

Hair Covering and Jewish Law: Biblical and Objective (Dat Moshe) or Rabbinic and Subjective (Dat Yehudit)?

January 24, 2009
2008

Prisoner Exchanges, Redeeming Captives and Jewish Law

September 24, 2008

The Hidden Influence of Jewish Law on the Common Law: One Lost Example

August 24, 2008

The Halacha of In-LawsChapter 24 in Wither Thou Goest; The Jewish In-Law’s Survival Guide, S. Shapiro, ed., 

August 24, 2008
2007

Ethics and Warfare Revisited: The Role of Secular Law in Halakhah-A Brief Response to Gerald Blidstein and a Note of Jewish Legal Theory

November 24, 2007

Military Ethics in Jewish Law

August 24, 2007

גילוי שערה של אשה נשואה ​(Standards of Modesty in Family Law)

August 24, 2007

Only the Good Die Young?

January 24, 2007
2006

Is the Epitaph Acronym ע״ה  an Abbreviation of עבד השם or עליו השלום? Acronyms and Their Expansion in Jewish Law Texts

August 24, 2006

May an Orthodox Yeshivah Day School or High School Provide Parsonage to Women Teaching Judaic Studies?

August 24, 2006

The Bounds of Wartime Military Conduct in Jewish Law: An Expansive Conception

August 24, 2006

Orthodox Yeshivas, Female Instructors, and the Parsonage Allowance

July 24, 2006
2005

A Jewish Law View of World Law

August 24, 2005

Honesty and Analysis: A Reasoned Response to Passionate Critics

August 24, 2005

Jewish Law and the Abandonment of Marriage: Diverse Models of Sexuality and Reproduction in the Jewish View, and the Return to Monogamy in the Modern Era 

August 24, 2005

Why Educate: A Jewish Law Perspective

August 24, 2005

ערכה של הכתובה (The Value of the Ketubah in America)

August 24, 2005

Review Essay: An Unsuccessful Defense of the Bet Din of Rabbi Emanuel Rackman: The Tears of the Oppressed

February 24, 2005
2004

Pre-Implantation Genetic Diagnosis, Stem Cells and Jewish Law

August 24, 2004

Severance Pay and Jewish Law

August 24, 2004
2003

Error in the Creation of Marriages in Modern Times under Jewish Law

August 24, 2003

Severance Pay and Jewish Law: An Opinion of the Beth Din of America

August 24, 2003

קידושי טעות בזמננו (Error in the Creation of Marriage)

August 24, 2003
2002

Battlefield Ethics in the Jewish Tradition

August 24, 2002

Genetically Engineering People: A Jewish Analysis of Personhood

August 24, 2002

Informing on Others to a Just Government: A Jewish Law View

August 24, 2002

The Procedures of Jewish Law as the Path to Good-ness and God-ness: Halakhah in the Jewish Tradition

August 24, 2002

דם ביצים בימינו (Technology and Change in Jewish Law)

August 24, 2002
2001

רחיצה ביום טוב (Festival Law and Change in Jewish Law)

August 24, 2001

Religious and Social Ethical Perspective on International Law: the Middle East Peace Process

August 24, 2001

Cloning and the Noahide Legal Code

August 24, 2001
2000

Blood Spots in Eggs

August 24, 2000

Halachic [Jewish Law] Responses to Sociological and Technological Change

August 24, 2000

The Gentile and Returning Lost Property According to Jewish Law: A Theory of Reciprocity

August 24, 2000

The Power and Purpose of Jewish Law

May 24, 2000
1999

Assisted Reproduction and Jewish Law

August 24, 1999

Child Custody in Jewish Law: A Conceptual Analysis

August 24, 1999

The Division of the Tribes on Gerizim and Eval: A Mathematical Solution on Terra Firma and a Geographical Explanation on Weak Ground

May 24, 1999
1998

Cloning People: A Jewish Law Analysis of the Issues

August 24, 1998

Impeachment and Accountability: The Case of the First Lady

August 24, 1998

Practicing Criminal Law: A Jewish Law Analysis of Being a Prosecutor or Defense Attorney

August 24, 1998

The Establishment of Maternity and Paternity in Jewish and American Law

August 24, 1998

חובתם של יהודים לעודד שבע מצוות בני נח (Jewish Law Obligation to Enforce Natural Law)

August 24, 1998
1997

Jewish Law and Modern Business Structures: The Corporate Paradigm

August 24, 1997

The Obligation to Seek Observance of Noahide’s Laws by Gentiles: A Theoretical Review

August 24, 1997

The 1992 New York Get Law: An Exchange

May 24, 1997
1996

Cloning People in Jewish Law: A Preliminary Analysis

August 24, 1996

Assisting in a Violation of Noachide Law

August 24, 1996

Shaving on the Intermediate Days of the Festivals

August 24, 1996
1995

The Celebrating of Thanksgiving at the End of November: Secular or Religious Holiday?

August 24, 1995

The Lawyer as Advice Giver in Jewish Law: An Explication of Ethics of the Sages 1:8

August 24, 1995

The Return of Lost Property According to Jewish and Common Law: A Comparison

August 24, 1995

The Use of Elevators and Escalators on Sabbath and Yom Tov

August 24, 1995

The 1992 New York Get [Jewish Divorce] Law

August 24, 1995

הפרשת תרו”מ בפירות א”י בחוץ לארץ (Tithes on Products of Israel in the Diaspora)

August 24, 1995

Defilement of the Hands, Canonization of the Bible, and the Special Status of Esther, Ecclesiastes, and Song of Songs

January 24, 1995
1994

פירות ארץ ישראל בחוץ לארץ: האם יש חובה להפריש תרומות ומעשרות (Tithing Fruit Exported from Israel)

October 1, 1994

Child Custody in Jewish Law: A Pure Law Analysis

August 24, 1994

Expediting Impeachment: Removing Article III Federal Judges After Criminal Conviction

August 24, 1994

Fruits from the Holy Land in America: Is there an Obligation to Separate Teruma and Ma’aser?

August 24, 1994
1993

Electrically Produced Fire or Light in Positive Commandments

October 1, 1993

Three Jewish Responses in “Symposium on Religious Law: Roman Catholic, Islamic, and Jewish Treatment of Family Matters, Including Education, Abortion, In Vitro Fertilization, Prenuptial Agreement, Contraception, and Marital Fraud.”

October 1, 1993

משמעות ‘אש’ בהלכה: ‘גחלת של מתכת’ וחוט חשמלי ביום טוב (Incandescent Light as Fire according to Jewish Law)

October 1, 1993

Communal Prayer and Women

September 1, 1993

Bullets that Kill on the Rebound: Discrimination against Homosexuals and Orthodox Public Policy

August 23, 1993
1992

A Mathematical Analysis of the Role of the Tribes and the Role of the Levites on Grizim and Aval in Deuteronomy 27

October 1, 1992

Modern Technology and Sabbath Observance: Some Observations

January 1, 1992
1991

היתר מפורש בקרא (Explicitly Permitted in the Bible)

June 22, 1991

On the Assessment of Damages in Jewish Tort Law and its Application to Medical Malpractice

May 22, 1991

The Use of Electricity on Shabbat and Yom Tov

April 1, 1991

Tradition, Modesty and America: Married Women Covering Their Hair

January 1, 1991
1990

Enabling a Jew to Sin: The Parameters

January 1, 1990

On the Practice of Law According to Jewish Law

January 1, 1990
1989

חלוקת השבטים על הר גריזים והר איבל (The Division of the Tribes on Mt. Gerezim and Mt. Eval)

August 22, 1989

אכילת בשר אחרי חלב (Eating Meat after Dairy Food)

January 1, 1989
1988

הפרשת מעשר לכהן ולא ללוי (Tithing to a Priest, Rather Than to a Levite)

January 1, 1988
1987

The Intercircuit Tribunal and Perceived Conflicts: An Analysis of Justice White’s Dissents from Denial of Certiorari in the 1985 Term

June 1, 1987