Menachem Mendel

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Archive for Legal Theory

MLK and Robert Cover

In what has become one of the most historic speeches of American history, “I Have a Dream”, Martin Luther King, Jr. said the following,
I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are [...]

Constitutional Interpretation

While I often think that people tend to err when they try to develop a theory of Jewish law based upon American law, there is often much about American legal theory which can inform the debate about a legal theory of Jewish law.  There is a very interesting post by Lawrence B. Solum at his [...]

Did he just say that?

Shmarya over at Failed Messiah has been active lately with some of the reactions to the Noah Feldman article (see here about the “cropping out” that probably never was).  In his latest post he quotes from an on-line opinion piece by R. Norman Lamm in the Forward.  The following quote caught my eye,
Why not admire [...]

Constitutional Interpretation

For those interested in questions of legal theory, at Balkin Brian Tamanaha, the author of Law as a Means to an End, has an interesting post on “The Search for Objectivity in Constitutional Law.”