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Liberalizing the Law in the Land of the Lord: Limits to the Americanization of Israeli Religious Jurisprudence

PDF · Andrea Brooke Jenkins · Feb-12-2013 · 46 VAND. J. TRANSNAT’L L. 233 (2013)

This Note presents an analysis of American and Israeli constitutional jurisprudence concerning matters of religion. Recently, there has been a shift in Israel’s High Court of Justice toward implementing values of individual rights and religious pluralism. Some have analogized this shift in focus to the role played by the U.S. Supreme Court. However, fundamental differences remain between the American and Israeli approaches, stemming from divergent conceptions of national identity encapsulated in the states’ respective foundational legal documents.

This Note examines the interplay of national identity and religious jurisprudence and its effect on individuals’ legal rights. In doing so, it demonstrates how the legal entwinement of religion and state will prevent Israel from fully implementing American norms regarding matters of religion.

 




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The Vanderbilt Journal of Transnational Law hosted a symposium called “The Role of Non-State Actors in International Law” at Vanderbilt University Law School in February 2013.

The October issue of the Journal will showcase articles by distinguished symposium guests including:

  • Mr. Ian Smillie, “Blood Diamonds and Non-State Actors”
  • Professor Jean d’Aspremont, “Cognitive Conflicts and the Making of International Law from Empirical Concord to Conceptual Discord in Legal Scholarship”
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  • Professor Suzanne Katzenstein
  • Professor Peter Margulies
  • Professor Harlan G. Cohen

 

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