Papers by Steven F Friedell
Although it may seem counterintuitive, wrongdoers are not liable for most of the damage they caus... more Although it may seem counterintuitive, wrongdoers are not liable for most of the damage they cause. The law leaves most of the burden of torts on the victims because it would be neither just nor practical to hold culpable defendants liable for all the harm they cause. The difficult task for any legal system is to define the criteria that determine the limits of liability and to prescribe the procedures for applying those criteria. This Article will explore the problem in both the American and Jewish legal systems and suggest ways in which the American system can be reformed. First, the Article discusses the proximate cause rules in American law. The Article then covers the Talmudic sources on indirect damage, and focuses on a case that arose out of the Venetian Inquisition in the late Sixteenth Century. The author concludes by examining lessons that can be drawn from a comparison of Jewish and American law on the issue of proximate cause
SPB Academic Publishing bv, 2000
Criticizes the notion that the phrase "caused by a vessel" in the Admiralty Ext... more Criticizes the notion that the phrase "caused by a vessel" in the Admiralty Extension Act requires a determination of whether the vessel is a proximate cause of the particular injury. It points to some absurd results that can follow from this approach. It suggests that the federal courts exercise jurisdiction when a claim is made that a vessel was a cause-in-fact of the injury. Far-fetched claims should be dismissed on the merits, not on the basis of jurisdiction, and courts separate the issues of subject matter jurisdiction from choice-of-law.
Saint Louis University law journal, 2011
May courts legitimately impose their public policy views to override statutory commands? This art... more May courts legitimately impose their public policy views to override statutory commands? This article focuses on some of these problems in the field of federal income tax. Part I of the article focuses on theft losses suffered by confidence-scheme victims who thought they would profit from counterfeiting or other illegal activity. Courts usually disallow these deductions so as to discourage illegal activity. This article criticizes this rationale and offers a better one. It suggests that a tax deduction would be contrary to state policy in those situations where states in effect penalize victims by denying them restitution from the thieves. Part II discusses the cases that have denied deductions for fines and civil penalties and explores how these apply to the denial of restitution. Part III assesses the wisdom of disallowing deductions in these cases and suggests that it would make more sense for society to punish the wrongdoer solely in the criminal courts and to allow the would-b...
Jewish Law Annual Volume 20, 2013
Indiana Law Journal, 2011
ADMIRALTY AND MARITIME LAW IN THE UNITED STATES CASES AND MATERIALS CAROLINA ACADEMIC PRESS LAW C... more ADMIRALTY AND MARITIME LAW IN THE UNITED STATES CASES AND MATERIALS CAROLINA ACADEMIC PRESS LAW CASEBOOK SERIES PDF Are you looking for admiralty and maritime law in the united states cases and materials carolina academic press law casebook series Books? Now, you will be happy that at this time admiralty and maritime law in the united states cases and materials carolina academic press law casebook series PDF is available at our online library. With our complete resources, you could find admiralty and maritime law in the united states cases and materials carolina academic press law casebook series PDF or just found any kind of Books for your readings everyday.
Part of the Comparative and Foreign Law Commons, and the Religion Law Commons This Book Review is... more Part of the Comparative and Foreign Law Commons, and the Religion Law Commons This Book Review is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact
SSRN Electronic Journal, 2020
SSRN Electronic Journal, 2019
The article examines Israeli secular courts’ encounters with Jewish law. It focuses on cases deci... more The article examines Israeli secular courts’ encounters with Jewish law. It focuses on cases decided since the adoption in 1980 of the Foundations of Law statute that authorized courts to consider certain principles of “Israel’s heritage,” when determining the law that governs a case. In 2018 the Knesset amended the statute to make clear that Jewish law (mishpat ivri) is a source of law. This presents a conundrum because, as rabbis have recognized for centuries, much of Jewish law dealing with preserving the social order is impractical. The article finds that some cases have shied away from using Jewish law when they might have used it to fashion a rule of law. Others have found that Jewish law is inconsistent with modern values and have advocated that Jewish law be reformed, even though the secular courts have no authority to make those reforms. In other instances, the courts have assumed that the Knesset did not intend to incorporate Jewish law. Despite these difficulties, a court should look for wisdom wherever it may be found. Any new state is bound to look to its people’s heritage for guidance in creating a new legal order. This is all the more understandable in the case of the Jewish people for whom the study and practice of the vast corpus of Jewish law has been central to its identity for centuries. The Knesset’s call to incorporate Jewish law into the law of the state and the courts’ grappling with the rich rabbinic literature at least give the law-making process a Jewish flavor and help to define Israel as a Jewish state.
SSRN Electronic Journal, 2017
It seems that one of the episodes in Don Quixote includes a veiled defense of Judaism, in particu... more It seems that one of the episodes in Don Quixote includes a veiled defense of Judaism, in particular an argument that Jews are not guilty of deicide, have the right to be left unmolested, and that forced conversions are wrong. In Book I, chapter 12-14, Cervantes relates the story of the death of Grisostomo, a shepherd apparently about thirty years old who fell in love with Marcela, a shepherdess who was so beautiful that all who looked at her instantly fell in love with her. Grisostomo wrote plays for Christmas eve and allegorical dramas for the feast of Corpus Christi. Marcela rejected Grisostomo, who either died of love or killed himself. Don Quixote is told how Marcela caused Grisostomo death and travels to see his funeral. Some writers have focused on what the story tells us about the relative virtues of marriage and celibacy, the pastoral ideal of freedom, and the desire for literature to achieve a measure of immortality. I would like to suggest another dimension — the defense of Judaism from attacks based on Christian antisemitism. Just as Grisostomo was a writer of allegorical plays about the body and blood of Christ, the story of Grisostomo and Marcela can be read in part as an allegory about Jesus, the Church, and the Jews. While it seems that Cervantes may have wanted to disguise the allegory because of the controversial nature of its message, there are too many to clues as to meaning to be ignored.
BYUL Rev., 1993
... n20n20 See, eg, Shulhan Arukh, Hoshen Mishpat 156:5. But no monopoly could be had over the te... more ... n20n20 See, eg, Shulhan Arukh, Hoshen Mishpat 156:5. But no monopoly could be had over the teaching of the Torah. Id. at 156:3. n21n21 Id. at 231:27. ... n37n37 Shulhan Arukh, Hoshen Mishpat 421:3 (liability for damage even in case of force majeure). ...
Tul. Mar. LJ, 2006
Page 1. The Disappearing Act: Removal Jurisdiction of an Admiralty Claim Steven F. Friedell* I. I... more Page 1. The Disappearing Act: Removal Jurisdiction of an Admiralty Claim Steven F. Friedell* I. Introduction 75 II ... Many of the Court's decisions have shown that the Court believes it owes strict fidelity not just to acts of Congress5 but also to policies attributable to those acts.6 One ...
Table of Cases xv Preface xxxi CHAPTER I. THE BASICS: ADMIRALTY JURISDICTION, CONCEPTUAL STRUCTUR... more Table of Cases xv Preface xxxi CHAPTER I. THE BASICS: ADMIRALTY JURISDICTION, CONCEPTUAL STRUCTURE,AND PRACTICE A. Historical Background DeLOVIO v. BOIT Notes THE THOMAS JEFFERSON Notes THE GENESEE CHIEF v. FITZHUGH Notes THE EAGLE Notes B. Admiralty Jurisdiction in Contract Cases NORTH PACIFIC STEAMSHIP CO. v. HALL BROTHERS MARINE RAILWAY & SHIPBUILDING CO. Notes KOSSICK v. UNITED FRUIT CO. EXXON CORP. v. CENTRAL GULF LINES, INC. Notes C. Admiralty Jurisdiction in Tort Cases PALUMBO v. BOSTON TOW BOAT CO. Notes JEROME B. GRUBART, INC. v. GREAT LAKES DREDGE & DOCK CO. Notes DELTA COUNTRY VENTURES, INC. v. MAGANA Notes D. The "Navigable Waters" Issue LeBLANC v. CLEVELAND Notes E. The "Vessel" Issue THE ROBERT W. PARSONS Notes MANUEL v. P.A.W. DRILLING & WELL SERVICE, INC. Notes HURST v. PILINGS & STRUCTURES, INC. v Notes F. The Exclusive Jurisdiction of the Federal Admiralty Courts and the Concurrent Jurisdiction of "Common Law" Courts THE MOSES TAYLOR Notes ROUNDS v. CLOVERPORT FOUNDRY & MACHINE CO. Notes THORNSTEINSSON v. M/V DRANGUR Notes MADRUGA v. SUPERIOR COURT Notes G. The Distinctiveness of the Federal Admiralty Court and Some Fundamental Features of Its Procedure 1. The two sides of federal court ROMERO v. INTERNATIONAL TERMINAL OPERATING CO. Notes 2. Admiralty procedure before 1966 3. Admiralty procedure since 1966: the big picture ADVISORY COMMITTEE NOTES Notes 4. The right to jury trial in hybrid cases SPHERE DRAKE INSURANCE PLC v. J. SHREE CORP. Notes GHOTRA v. BANDILA SHIPPING, INC. Notes 5. Impleader under Rule 14(c) 6. Possessory, petitory, and partition actions, including actions to try title to vessels 7. Limitation of liability proceedings 8. Equitable remedies in admiralty cases 9. Service of process 10. Personal jurisdiction UNITED ROPE DISTRIBUTORS, INC. v. SEATRIUMPH MARINE CORP. Notes NISSHO IWAI CORP. v. M/V STAR SAPPHIRE Notes BLUEYE NAVIGATION, INC. v. OLTENIA NAVIGATION, INC. Notes PERSONAL JURISDICTION IN ACTIONS IN REM UNDER RULE C 11. Venue 12. Constitutional and prudential limitations on admiralty's broad power to seize ships AMSTAR CORP. v. S/S ALEXANDROS T. Notes 13. Removal of admiralty cases 14. Admiralty appeals H. The Sources of the Substantive Law Applied in Admiralty and Maritime Cases vi CONTENTS 1. The lesser difficulty: the maritime authority of Congress 2. The greater difficulty: nonstatutory federal maritime law vs. state law BALLARD SHIPPING CO. v.
Hastings LJ, 1980
... Because the parties have contracted only for the voyage de-scribed in the bill of lading, the... more ... Because the parties have contracted only for the voyage de-scribed in the bill of lading, the bill of lading does not apply to a new voyage created by a deviation.25 Consequently, a deviatingship cannot rely on the bill of lading's exemptions from liability and ... MAR. L. & COMM. ...
SSRN Electronic Journal, 1992
Gilligan has also had her share of critics. Some have feared that Gilligan's analysis would furth... more Gilligan has also had her share of critics. Some have feared that Gilligan's analysis would further stereotype women. See Williams, supra note 1. Others argue that women's "different voice" is a product of male oppression of women. See C. MAcKINN N, FEmniisM UNMODIFID 38-39 (1987). MacKinnon says that men expect women to care for them and that reifying the damage of sexism into differences is an insult to women's possibilities. Id. Other feminists assume that both men and women are freely capable of speaking in the different voice. See Frug, supra note 2. Others have criticized the validity of Gilligan's findings.
Michigan Law Review, 1973
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Papers by Steven F Friedell
Jewish law has been immense, and we are fortunate that these
two books are written in English by a scholar familiar with the
classical and niodern analogies. His books persuasively question
the notion that Jewish law is all formalism. No fair reader
can ever conclude that Jewish law is oblivious to the consequences
of a decision or to the underlying purposes and policies.
On the contrary, the books heighten our awareness that
Jewish law has policies and purposes that are unique and that
make the application of Jewish law in a modern legal system
difficult.
The article suggests that this is not correct. The variety of rules found in the Talmud and other classical sources can be better explained as rules of liability based on either custom or a search the cheapest cost avoider rather than establishing a standard of care.
Negligence in the sense of reasonable care in the circumstances has entered modern Jewish law by assimilating values of the surrounding culture. This can be seen particularly in the area of medical malpractice.
The article finds that some cases have shied away from using Jewish law when they might have used it to fashion a rule of law. Others have found that Jewish law is inconsistent with modern values and have advocated that Jewish law be reformed, even though the secular courts have no authority to make those reforms. In other instances, the courts have assumed that the Knesset did not intend to incorporate Jewish law.
Despite these difficulties, a court should look for wisdom wherever it may be found. Any new state is bound to look to its people’s heritage for guidance in creating a new legal order. This is all the more understandable in the case of the Jewish people for whom the study and practice of the vast corpus of Jewish law has been central to its identity for centuries.
Justice Silberg, a great jurist and Talmudic scholar, hoped that Israel would find a way to update Jewish law by emptying the barrels of old wine that had become sour and filling them with new wine that would retain some of the aroma of the old. To some extent the Knesset has accomplished this through legislation that is named for concepts in Jewish law, like that prohibiting cruelty to animals. However, the hope expressed in the Foundation of Law statute that courts would use Jewish law to fashion the law remains unfulfilled. Nonetheless, the Knesset’s call to incorporate Jewish law into the law of the state and the courts’ grappling with the rich rabbinic literature give the law-making process a Jewish flavor and help to define Israel as a Jewish state.
Some writers have focused on what the story tells us about the relative virtues of marriage and celibacy, the pastoral ideal of freedom, and the desire for literature to achieve a measure of immortality. I would like to suggest another dimension—the defense of Judaism from attacks based on Christian antisemitism. Just as Grisóstomo was a writer of allegorical plays about the body and blood of Christ, the story of Grisóstomo and Marcela can be read in part as an allegory about Jesus, the Church, and the Jews. While it seems that Cervantes may have wanted to disguise the allegory because of the controversial nature of its message, there are too many to clues as to meaning to be ignored.