RE: "California Court Issues TRO Against Kaporos Practices"

2016-10-10 Thread Kwall, Roberta
As someone whose recent work has centered largely on the inability to neatly separate Jewish law from culture, I would conclude that for those who observe this practice, it should be viewed as a religious practice. Not all customs have the force of Jewish law--this is a very complex area. But

RE: "California Court Issues TRO Against Kaporos Practices"

2016-10-09 Thread Kwall, Roberta
nd Law in Jewish Tradition http://amzn.to/15f7bLH You can view my papers on the Social Science Research Network (SSRN) at the following URL: http://ssrn.com/author=345249 ____ From: Kwall, Roberta Sent: Sunday, October 09, 2016 3:32 PM To: Law & Religion i

RE: "California Court Issues TRO Against Kaporos Practices"

2016-10-09 Thread Kwall, Roberta
I would like to furnish a bit of background for the practice of Kapparot for the benefit of the list- I realize it may seem like one of the strangest practices and I suspect it is largely unfamiliar to most (even many Jews today). Essentially, the practice, which involves swinging a live chicke

RE: The Bedford pool exemption--a collection of reactions

2016-06-07 Thread Kwall, Roberta
Ira invited Hillel to say a bit more about the relevant assumptions underlying Jewish law's views of women's bodies. As a Jewish female with "Conservadox" leanings, I would like to add my two cents on this particular issue. As a general matter, the entire area of modesty (which applies to both

RE: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-21 Thread Kwall, Roberta
Normally, I hesitate to opine on matters in which I am not thoroughly versed and I must confess that I am not up to speed on these cases. That said, I am an observant Jew and I do not travel or work on Shabbat (which also begins Friday night). In the traditional Jewish community, such swaps ar

RE: landlord/tenant law and RFRA

2016-02-04 Thread Kwall, Roberta
Desilets, 636 N.E.2d 233 (Mass. 1994) (reversing summary judgment in favor of landlords and remanding for further hearing on state's compelling interest under state constitutional provision). On Thu, Feb 4, 2016 at 7:59 AM, Kwall, Roberta > wrote: Dear colleagues- I am working on the next

landlord/tenant law and RFRA

2016-02-04 Thread Kwall, Roberta
Dear colleagues- I am working on the next edition of my property casebook and am writing to get some input on an issue that comes up in connection with the chapter on a landlord's ability to refuse occupancy by a tenant. Although the FHA prohibits discrimination based on "familial status," whe

RE: What's happening in the Kim Davis case

2015-09-13 Thread Kwall, Roberta
The first paragraph of Paul's post about whether we should entertain the possibility of bad faith on the part of Kim Davis (given her past) particularly caught my eye. It made me think of Jews who can be described as "Baal Tshuvot" (this term refers to those that were born Jewish but who "re

RE: What's happening in KY? -- my differences with Eugene

2015-09-07 Thread Kwall, Roberta
I don't know how many folks on this list have actually taught Obergefell yet given that it is so early in the semester but having done so just last week, I wanted to share my experience doing so. I was a bit surprised that one student strongly articulated the view that Davis is operating out of

RE: Question about the Kentucky County Clerk controversy

2015-09-03 Thread Kwall, Roberta
I want to thank all the participants for their thoughts on this issue (and Eugene for raising this). In just a few minutes, I’m about to continue a discussion of Obergefell in Family Law which we started on Tuesday. We actually began a discussion of this whole situation in our last class. Talk

RE: Final Regs on matters including Contraceptive (or per some claimants abortifacient) Mandate

2015-07-10 Thread Kwall, Roberta
Respectfully, Orthodox Jews have not made this conclusion. At the time these practices (and please note that I am intentionally using the term "practices" rather than mandates) developed, there was no such thing as Orthodox Jews (the movements as we know them today developed in the early modern

RE: Question on Establishment Clause and Same-Sex Marriage

2015-05-26 Thread Kwall, Roberta
The post below appeared on the list serve last thursday but I do not recall seeing any responses to it (although it is possible I missed them because we just concluded a Jewish holiday that spanned three days with Shabbat). I too would be curious to hear any views on this matter. Bobbi Kwall

RE: Religious organizations, tax-exempt status and same-sex marriage

2015-04-30 Thread Kwall, Roberta
izations, tax-exempt status and same-sex marriage Relevant to point #4 below, one Orthodox rabbi has weighed in very publicly on the Louisiana controversy: http://www.nola.com/opinions/index.ssf/2015/04/religious_freedom_louisiana.html On Thu, Apr 30, 2015 at 6:20 AM, Kwall, Roberta mailto:rkw.

RE: Religious organizations, tax-exempt status and same-sex marriage

2015-04-30 Thread Kwall, Roberta
I have been following this thread with interest, given that I have been doing a significant amount of research on homosexuality and Judaism. A few thoughts based on this perspective- 1) The discussion regarding tax exemptions has relevance not only for Conservative Christian but also for Ortho

RE: Wedding photographers as creators of art

2015-02-15 Thread Kwall, Roberta
To add to this discussion from an IP perspective, it is worth noting that photography presents a particularly interesting study of the application of copyright's requirement of originality. Although photography was included in the copyright statute as protectable subject matter as early as 186

RE: The Myth of the Cultural Jew

2015-02-04 Thread Kwall, Roberta
...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Kwall, Roberta Sent: Monday, February 02, 2015 2:33 PM To: Law & Religion issues for Law Academics Subject: The Myth of the Cultural Jew Dear colleagues- I wanted to share with the members of this group that my new

The Myth of the Cultural Jew

2015-02-02 Thread Kwall, Roberta
ly as the embodiment of Divine command. Her paradigm explains why both law and culture must matter to those interested in forging meaningful Jewish identity and transmitting the tradition. Warmly, Bobbi Kwall Roberta Rosenthal Kwall Raymond P. Niro Professor Founding Director, DePaul University Colle