thanks
---------------------- Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, NY 12208-3494 518-445-3386 (o) 518-445-3363 (f) www.paulfinkelman.com From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of David Cruz Sent: Monday, January 03, 2011 11:14 PM To: Law & Religion issues for Law Academics Subject: Re: Avitzur Importance: Low The Ketubah at issue in Aviztur provided (in the English version): "[W]e, the bride and bridegroom * * * hereby agree to recognize the Beth Din of the Rabbinical Assembly and the Jewish Theological Seminary of America or its duly appointed representatives, as having authority to counsel us in the light of Jewish tradition which requires husband and wife to give each other complete love and devotion, and to summon either party at the request of the other, in order to enable the party so requesting to live in accordance with the standards of the Jewish law of marriage throughout his or her lifetime. We authorize the Beth Din to impose such terms of compensation as it may see fit for failure to respond to its summons or to carry out its decision." David B. Cruz Professor of Law University of Southern California Gould School of Law Los Angeles, CA 90089-0071 U.S.A. From: "Finkelman, Paul <paul.finkel...@albanylaw.edu<mailto:paul.finkel...@albanylaw.edu>>" <paul.finkel...@albanylaw.edu<mailto:paul.finkel...@albanylaw.edu>> Reply-To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Date: Mon, 3 Jan 2011 19:36:35 -0800 To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Subject: Avitzur I am in California for AALS and can't dig out Avitzur; but if I recall correctly (and please, someone correct me if i am wrong); but Ithought that the case involved in the enforcement of the N Y Get law (which is of dubious constitutionality) which requires a man who is the moving party in a Orthodox of Conservative Jewish divorce to give the wife a get (a Jewish divorce document) and that it is not based on anything in the Ketubah (the Jewish marriage Contract). Please clarify, if you can, or correct me if I am wrong. There is no such thing as "Lieberman" clause in a traditional Ketubah (after all, there were no Liebermans around at the time). So again, perhaps I am misremembering and this was not a traditional Ketubah but some modernized contract ---------------------- Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, NY 12208-3494 518-445-3386 (o) 518-445-3363 (f) www.paulfinkelman.com
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