Michael J Broyde

Biographic Data

ID9288952
NAMEMichael J Broyde
GIVEN NAMESMichael J
FAMILY NAMEBroyde
SIGNATUREBROYDE M J
AFFILIATIONSEmory University
ORCID0000-0001-9960-7256
VERIFIEDYes
TOTAL WORKS11
TOTAL CITATIONS0
WORKS AS AUTHOR11
WORKS AS EDITOR0
FIRST PUBLICATION YEAR1995
LATEST PUBLICATION YEAR2022
H-INDEX0

  • Religious Values in Secular Institutions

    Michael J BroydeARTICLEJournal of Law, Religion and State2022

    Universities that are incorporated under a secular charter face a number of challenges in claiming religious exemptions or religious character. These secularly chartered but religiously motivated universities (SCbRMU) often are attempting to get the best of both worlds, by maintaining entitlement to government funding that is exclusive to secular entities while also claiming religious protections. In this paper, Yeshiva University ( yu ) is used …

  • Privatizing the Temple Mount (Haram es-Sharif) and the Western Wall (Kotel)

    Michael J Broyde, David ZeligmanARTICLEJournal of Law, Religion and State2021

    Proposals abound in Israel to address the question of pluralistic access to the Temple Mount and the Western Wall. Each of these proposals has been a source of great controversy. In this article, we propose a Swiftian solution of privatization. We propose that the government of Israel sell the Temple Mount, the Western Wall, and many other holy sites to specific faith groups that will then operate them as private property, with the ability to res…

  • Rethinking Religious Marriages When Done Without Any Civil Marriage

    Open AccessMichael J Broyde, Rachel M PeltzerARTICLEFamily Court Review2020

    In an era in which relationships that look like marriage, but are not civilly recognized as such, are common, states face questions of how to regulate these “quasi‐marital” relationships. Constitutional questions surround the regulation of consensual sexual relationships. In response, many states permit these relationships to occur with minimal governmental involvement. Some states may find, based on the couple's actions, that the individuals are…

  • Faith-Based Arbitration Evaluated

    Open AccessMichael J BroydeARTICLEJournal of Law and Religion2018

    This article explores whether allowing such expansive arbitration is a wise idea for the United States (and other western democracies). Like all arbitration, religious arbitration starts with a contract to arbitrate, but frequently does not invoke the law of the United States as the law to be used to resolve disputes, but instead allows parties to resolve disputes according to their own religious principles, both procedurally and substantively. T…

  • The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura

    Open AccessMichael J Broyde, Ira BedzowBOOKThe Codification of Jewish Law…2014

    The Mishna Berura is, without a doubt, Rabbi Israel Meir Kagan's greatest and most complex contribution to the canon of Orthodox Jewish Law; it is a singular work that synthesizes Jewish traditions, laws, and mores into a practical halakhic guide to daily religious life. For all of his traditionalism, Rabbi Kagan was an iconoclast, and the Mishna Berura broke from many of the traditional approaches of deciding halakhic directives. Instead, he fav…

  • Happiness—and Unhappiness—as Legally Significant Categories in Jewish Law

    Open AccessMichael J BroydeARTICLEJournal of Law and Religion2014

    This essay seeks to place happiness and sadness as values in their proper place in the Jewish legal tradition—as secondary concerns that are properly invoked and considered in cases where Jewish law is indefinite and unclear. This article provides a number of illustrative examples where such is done, and it then seeks to place happiness and its related values in their proper place in Jewish law as compared to other second-tier principles

  • Holy War in Judaism

    M Broyde, Michael J Broyde et al.ARTICLEJournal of Church and State2014

    Reuven Firestone defines “holy war” as “[O]rganized mass violence directed against rival communities based on what is considered to be God's approval or authority.” His newest work, Holy War in Judaism, is quite different than other books about holy war in religious thought for the very obvious reason that if one were to look at Judaism from a simple historical perspective from the time of the Bible until now, especially as compared to other reli…

  • Human Rights in Judaism

    David R Dow, Michael J Broyde et al.ARTICLEJournal of Law and Religion2002

  • Reflections on the American Jewish Lawyer

    Russell G Pearce, Jerold S Auerbach et al.ARTICLEJournal of Law and Religion2002

  • Edward Fram, Ideals Face Reality

    Michael J Broyde, Michael Broyde et al.ARTICLEPolin: Studies in Polish Jewry2001

  • The Return of Lost Property according to Jewish & Common Law

    Michael J Broyde, Michael HechtARTICLEJournal of Law and Religion1995

    This article compares the legal rules and jurisprudence of the American common law and Jewish law in the area of finding and returning lost or abandoned property, illustrating the interplay between the purely legal and ethical components of the respective legal systems. Surprisingly enough, the differences between the two systems are not usually significant; they follow the same basic legal principles, and typically lead to the same results. Ther…