Jewish Law and American Law, Volume 1

Samuel J. Levine is Professor of Law and Director of the Jewish Law Institute at Touro Law Center. He has also served as the Beznos Distinguished Professor at Michigan State University College of Law, and he has taught at the law schools at Bar-Ilan, Fordham, Pepperdine, and St. John’s Universities.

“Levine’srecently published two-volume work, Jewish Law and American Law: AComparative Study, is primarily a collection of his impressive contributionsto the Jewish comparative project over the past three decades. A quick perusalof the two volumes serves as a ready reminder of why Levine has long been oneof the academics central to Jewish law’s rise in the American legal academy. Coveringhis wide range of Jewish law writings, the two volumes traverse significantlegal terrain, focusing on the areas of Levine’s primary scholarly emphasis. … Forthose interested in both Jewish law in particular, and religious law in general,[Jewish Law and American Law] serve[s]as [an] extraordinary exploration within the Jewish comparative law project.” —MichaelA. Helfand, American Journal ofComparative Law, Vol. 67 No. 1

• IntroductionSection One. The Comparative Study of Jewish Law and American Law: An Introduction1. Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion2. Applying Jewish Legal Theory in the Context of American Law and Legal Scholarship: A Methodological Analysis3. An Introduction to Interpretation in Jewish Law, with References to American Legal Theory4. An Introduction to Legislation in Jewish Law, with References to the American Legal SystemSection Two. Capital Punishment5. Capital Punishment in Jewish Law and Its Application to the American Legal System: A Conceptual Overview6. Playing God: An Essay on Law, Philosophy, and American Capital PunishmentSection Three. Self-Incrimination7. An Introduction to Self-Incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis8. Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical FrameworkSection Four. Constitutional Theory9. Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics10. Rules and Standards in Jewish Law and American Constitutional Law  11. Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment in a Comparative Hermeneutic FrameworkSection Five. Legal Practice12. Reflections on the Practice of Law as a Religious Calling from a Perspective of Jewish Law and Ethics13. A Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview14. Taking Ethics Codes Seriously: Broad Ethics Provisions and Unenumerated Ethical Obligations in a Comparative Hermeneutic Framework15. Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to “Seek Justice” in a Comparative Analytical Framework  16. Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility through a Perspective of Jewish Law and EthicsIndex