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Michael J. Broyde

Emory University, School of Law, Faculty Member

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Michael J. Broyde ([email protected]) is professor of law at Emory University School of Law and senior fellow and projects director at the Center for the Study of Law and Religion at Emory University. He is also a professor at the Tam Institute of Jewish Studies at Emory.

His primary areas of interest are law and religion, Jewish law and ethics, family law, and comparative religious law. Broyde is ordained (yoreh yoreh ve-yadin yadin) as a rabbi by Yeshiva University and was a member (dayan) of the Beth Din of America, the largest Jewish law court in America, where he once served as director while on leave from Emory. He was the Founding Rabbi of the Young Israel synagogue in Atlanta, a founder of the Atlanta Torah MiTzion kollel study program. He served on boards of many schools and organizations in Atlanta, including more than 15 years as the chair of the medical ethics committee of Weinstein Hospice in Atlanta.

Broyde is married to labor lawyer Channah S. Broyde, who works in the United States Department of Labor, Office of the Solicitor.

Education: New York University School of Law, JD 1988; Yeshiva University: Rabbi Isaac Elchanan Theological Seminary, Ordination 1991; Yeshiva University: Yeshiva College, BA, cum laude 1984

He can be reached via email ([email protected])

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Festschrift by Michael J. Broyde

*Gevurah ve-Tif’eret: An Anthology of Essays in Honor of Michael and Channah Broyde* (Atlanta: Young Israel of Toco Hills, 2005)

Articles by Michael J. Broyde

Michael J. Broyde and Steven S. Weiner, “A Tale of Two Pandemics? How a Law for Torah Reading Became a ‘Dead Letter’ in the Wake of Black Death – And Was Brought Back to Life by COVID-19,” in Hesed V'Emet Nashaku: The Life and Thought of Rabbi Elliot Dorff (Los Angeles, 2023), 196-229

Michael J. Broyde and Gidon Rothstein, “Examining a Controversial Heter: A Woman Converted as an Infant Marrying a Kohen— The Novel Approach of Rabbi Ephraim Greenblatt (Rivevos Efraim),” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 33 (2023): 159-199

and the Berman Director of Projects in the Emory Center for the Study of Law and Religion. He has... more and the Berman Director of Projects in the Emory Center for the Study of Law and Religion. He has served in a variety of rabbinic roles in the United States, from rabbi of the Young Israel in Atlanta to the director of the Beth Din of America. His most recent book is titled Finding America in Exodus (Wipf & Stock 2022). Gidon Rothstein, a communal rabbi and Jewish educator, is the author of Jewish fiction and non-fiction, including a recently published analysis of responsa literature, The Judaism of the Poskim (Mosaica, 2022).

Michael J. Broyde and Ariel J. Liberman, “Learning Law Young: Towards a More Robust, Impactful Civics Education Modeled Off of Jewish Law Learning,” Journal of Law and Education, vol. 52, no. 1 (2023): 1-45

Michael J. Broyde and Shlomo C. Pill, “The Rule of the Talmud vs the Rule of Rabbinic Consensus in the Orach Chaim Section of Rabbi Yeheil Mikhel Epstein's Arukh HaShulhan,” Jewish Law Association Studies, vol. 30 [=Celebrating 100 Years of Hevrat Hamishpat Ha’Ivri] (2022): 61-81

MICHAEL J. BROYDE and SHLOMO C. PILL  I. An Introduction to Rabbi Yechiel Mikhel Epstein and the... more MICHAEL J. BROYDE and SHLOMO C. PILL  I. An Introduction to Rabbi Yechiel Mikhel Epstein and the Arukh Hashulchan: The Last Great Posek of Czarist Russia Rabbi Epstein was the last great Jewish Law authority in Czarist Russia. As the martyred scholar Rabbi Eitam Henkin explores in his posthumously published biography, 1 and as we have noted elsewhere in great detail, 2 Rabbi Yechiel Mikhel Epstein was born into a relatively wealthy family on January 24, 1829 in Bobriusk, Russia (present-day Belarus) and died on February 24, 1908 in Navahrudak, Russia. Rabbi Epstein's father was a successful businessman and competent Torah scholar who made sure that his son-who, by many accounts, demonstrated intelligence and aptitude for Talmudic studies at a young age-received a thorough rabbinic education. 3 Rabbi Epstein spent his formative years studying Torah under the direction of Rabbi Elijah Goldberg, the Chief Rabbi of Bobriusk, as well as a brief stint in the famous Volozhin Yeshivah from 1842

Michael J. Broyde, “Why Are Women Obligated in Some Time-Bound Positive Commandments and Exempt from Others? A New Theory,” The Lehrhaus (21 August 2022)

Michael J. Broyde, “Marriage between a Kohen and a Girl who was Adopted and Converted,” Tehumin, vol. 42 (2022): 385-393 (Hebrew)

Michael J. Broyde and Shlomo C. Pill, “The Concept of Human Rights in Judaism,” in Catharina Rachik and Georges Tamer, eds., The Concept of Human Rights in Judaism, Christianity and Islam (Berlin: de Gruyter, 2022), 19-61

In contemporary Western societies, human rights encompass ab road constellation of material moral... more In contemporary Western societies, human rights encompass ab road constellation of material moral needsand interests that are guaranteed to all people simplybyvirtue of the fact that they are people.¹ Religious and normative traditions, includingJ udaism and Jewishlaw recognize and protect manyofthese currently accepted human rights.² Indeed, religious legal traditions tend to be rather good at respectingand enforcingabroad rangeofmaterial human rights and material human dignity.A se xplainedb elow,J udaism recognizes the inherent equality and dignityofa ll people; respects natural liberty and autonomy; protects rights to life, bodilyi ntegrity,h ealth, property,e ducation, basic food, housing,a nd healthcare; and provides important legal rights closelyresemblingcontemporary ideas of dueprocess in the courts.One might even arguethat religious traditions are more effective thanm odern, secular state systems at ensuring many basic material human needs because religious traditions are not mired by bureaucracy, political concerns, and commitments to various forms of free-market capitalism which leave significant segments of society vulnerable and without basic human needs like adequate food, housing,h ealthcare, and education. Where religions often do apoor job at protecting human rights-and where moderns tatesa nd non-state organizations tend to better succeed-is in the realm of recognizinga nd protecting less tangible,i nchoate rights, especially the rangeo fr ights associated with freedom of religion, conscience, association, and the right to dissent from prevailing societal norms and values. One of the coreh uman rights widelyr ecognizedb ys tates and international conventions is the right to freedom of religion, and more particularly, the right to freely choose to not practice or believeinaparticular faith, or anyfaith at all. The United States Constitution provides that "Congress shall make no lawr espectingan  Fori mportantr ecent scholarship providingu seful overviews of the history,s ubstance, and evolution of Western human rights discourses,see Stearns,

Michael J. Broyde and Gidon Rothstein, “Is it Permissible for a Woman who Converted in her Youth to Retroactively Marry a Kohen?” Ohr Yisroel, vol. 28, no. 1 [#85] (September 2022): 208-222 (Hebrew)

Michael J. Broyde, “Religious Values in Secular Institutions? Yeshiva University and the Future of Religiously Affiliated (but Secularly Chartered) Higher Education in America,” Journal of Law, Religion and State, vol. 10, no. 1 (September 2022): 53-85

Universities that are incorporated under a secular charter face a number of challenges in claimin... more 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 as a case study of the difficulties faced by these institutions. yu has been sued by a group of students and alumni for refusing to authorize an official lgbt club, and yu has argued that it is entitled to a religious exemption from New York City anti-discrimination laws. This paper discusses the history of yu and its relationship with lgbt rights, as well as relevant case law concerning religious education, discrimination on the basis of sexual orientation, and religious exemptions. The paper concludes with a discussion of the legal options a SCbRMU has when faced with these issues, including shedding part of its identity (either the religious or the secular), maintaining the status quo, and defiance. Ultimately, none of the options are ideal for such an institution, and the nature of the conflict for yu, when discrimination against funding religious institutions leads to the financial need for a secular charter, and the school's secular status then leads to difficulty receiving a religious exemption from anti-discrimination laws, show that society is not tolerant of ambiguity in this scenario, and institutions are better served if they avoid these contradictions.

Michael J. Broyde and Ezra Ives, “Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel,” Touro Law Review, vol. 36, no. 4 (2021): 901-942

Michael J. Broyde and David Zeligman, “Privatizing the Temple Mount (Haram es-Sharif) and the Western Wall (Kotel): A Swiftian Suggestion for Solving the Religious Freedom Problems,” Journal of Law, Religion and State, vol. 9, no. 1 (March 2021): 23-47

Proposals abound in Israel to address the question of pluralistic access to the Temple Mount and ... more 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 restrict various rights within them. This proposal is based on a model adopted and implemented in Salt Lake City, Utah, to address various questions regarding access to property purchased by the Church of Jesus Christ of Latter-day Saints.

Michael J. Broyde and Benjamin J. Samuels, “Loving the Convert Prior to a Completed Conversion: With a Test Case Application of Inviting Conversion Candidates to Pesach Seder and Yom Tov Meals,” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 28 (2020): 147-185

The redundancy problem of Ahavat Yisrael combined with Ahavat ha-Ger is compounded by a certain p... more The redundancy problem of Ahavat Yisrael combined with Ahavat ha-Ger is compounded by a certain paradox of praxis. As an extension of Mishnah Bava Metzia 58b, one is not supposed to identify nor treat a convert post-conversion as different from a born Jew, and yet the mitzvah of Ahavat ha-Ger demands specialized and preferential treatment.

Silas W. Allard, Michael J. Broyde, M. Christian Green, Michael J. Perry, John Witte, Jr., “Editorial,” Journal of Law and Religion, vol. 35, no. 3 (December 2020): 359-360

This issue closes out the thirty-fth volume of the Journal of Law and Religion. Over thirty-ve ... more This issue closes out the thirty-fth volume of the Journal of Law and Religion. Over thirty-ve volumes, the scholars and subjects that ll the pages of the journal have evidenced both continuity and change as perennial questions and established scholars in the eld of law and religion have been joined by emerging issues and a new cohort of researchers. JLR has grown with the eld of law and religion, from the eld's early days as a small scholarly community anchored in a few niche programs (principally in the United States and Europe) to a robust global conversation with important centers of gravity across six continents. Throughout the decades of expansion, from the humble beginnings to the now global eld of study, law and religion has been deeply interdisciplinary and interreligious, inviting and encouraging perspectives from across the academy and religious traditions-although the disciplinary and religious interlocutors have also diversied in important ways over time. 1 Over thirty-ve volumes, JLR has always aspired to be the place where the vital contributions to this wide-ranging conversation are published. As the founding editors, Michael Scherschligt and Wilson Yates, wrote in the preface to the rst issue, "In undertaking this venture, we seek to provide a forum, a place to hear and be heard for all those interested in exploring how law and religion are related." 2 This charge was embraced by the journal's longest serving editor-in-chief, Marie Failinger, when she and Patrick Keifert took over the reins of the journal in 1989, writing "we take up the challenge which Michael and Wilson left us: to encourage the widest possible diversity of thoughtful, well-written views about law and religion, to inquire deeply and persistently into the relationships between these disciplines and these practices, and to ask courageously the common questions which they raise." 3 And it was to the mission of providing a distinguished forum for deep dialogue across disciplines and religious traditions that we dedicated ourselves when JLR moved from its long-time editorial home at Hamline University School of Law to the Center for the Study of Law and Religion at Emory University in 2013. 4 As we close out this thirty-fth volume and look expectantly to the future of JLR, we are recommitted to the mission of publishing cutting-edge interdisciplinary, interreligious, and international research on critical issues of law and religion. Further advancing this mission, we are excited to announce the addition of eleven new co-editors to the journal's leadership beginning with volume thirty-six.

Michael J. Broyde, “An Analysis of Rabbi Moshe Sternbuch’s Responsa (Teshuvah) on the Beth Din of America’s Prenuptial Agreement,” Jewish Law Association Studies, vol. 28 [=The Jewish Family] (2020): 41-56

Study of Law and Religion. He served for many years as a aver (member) of the Beth Din of America... more

Michael J. Broyde, “A Brief Unpublished Teshuva from Rabbi Norman Lamm זצ"ל with Regard to the Performance of Live Music on Israel Independence Day at Yeshiva University” (4 June 2020)

‫ז‬ ‫צ‬ " ‫ל‬ penned this brief teshuva about the practice of playing live music on Israel's inde... more ‫ז‬ ‫צ‬ " ‫ל‬ penned this brief teshuva about the practice of playing live music on Israel's independence day at Yeshiva University to us at the Young Israel of Toco Hills in Atlanta, then a fledgling Modern Orthodox synagogue that opened its doors the previous fall. I was rabbi of the Young Israel at the time, and we were preparing to celebrate Israel's Independence Day with live music, contrary to the practice of the other Orthodox synagogues in the area. There was considerable lay and rabbinic opposition in Atlanta to introducing live music during sefirah, and I sought written support from my teachers and rabbayim to validate the minhagim of our new community. Rabbi Lamm ‫ז‬ ‫צ‬ " ‫ל‬ responded on RIETS stationery clearly and directly with a recitation of the longstanding practice of YU in this area. I have reproduced his text and my translation below.

Ira Bedzow and Michael J. Broyde, “The Role of Custom in the Jurisprudence of the Mishna Berura,” in Joseph Isaac Lifshitz, et al., eds., Minhagim: Custom and Practice in Jewish Law (Berlin: de Gruyter, 2020), 141-159

 The Rishonim were the leadingrabbis wholivedduring approximatelythe eleventh to the fifteenth c... more

Michael J. Broyde, “The Effectiveness of (Rabbinic) Prenuptial Agreements in Preventing Marital Captivity,” International Journal of Constitutional Law, vol. 18, no. 3 (October 2020): 944-964

Jewish law (also known as Halakha) requires that a man give and a woman receive a get, a Jewish b... more Jewish law (also known as Halakha) requires that a man give and a woman receive a get, a Jewish bill of divorce, in order to end their Jewish marriage, which has a legal existence independent of their civil marriage and is not ended by a civil divorce. Since around 1960, there have been many attempts to solve this problem of marital captivity in North America. American prenuptial agreements (PNAs) best address this problem of Orthodox Jewish husbands withholding a get. This article explains why Jewish law prefers contract-based solutions over legislative or judicial solutions and presents empirical research on which type of PNA best solves this problem in America.

Michael J. Broyde and Rachel M. Peltzer, “Rethinking Religious Marriages When Done Without Any Civil Marriage: Non-Marriage, Neo-Marriage, Marriage or Something Else?” Family Court Review, vol. 59, no. 4 (October 2020): 992-1021

In an era in which relationships that look like marriage, but are not civilly recognized as such,... more 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 common law married. Other states will simply never recognize the parties as married. Beyond marital status, some states find that the relationship has implications for support and benefits. Additional questions arise when the parties to a "quasi-marital" relationship attempt to marry in the eyes of God, without also seeking a civil marriage. The regulation of a solely religious marriage is fraught with First Amendment concerns, and yet, many states criminalize the solemnization of a purely religious marriage in some fashion. How and whether these laws are enforced impact an individual's exercise of religion. Governmental non-regulation of other premarital sexual arrangements suggests that there is no state interest in the regulation of a solely religious marriage. This Article provides a foray into the law that governs solely religious marriages. It addresses the factors that motivate individuals to enter into a religious marriage without also entering into a civil marriage, discusses models of religious marriage regulation abroad and within the United States, and provides insight into how the government treats quasi-marital relationships in general. This Article advocates that states ought to treat all persons who have chosen to avoid the secular marriage process the same. That is, the regulation of individuals who have crafted a marital relationship that is purely religious should be consistent with the regulation of other non-marital sexual arrangements. In deciding whether a solely religious marriage constitutes non-marriage, neo-marriage, marriage, or something else, the government should pay no attention to the man behind the curtain, 1 which in this case is the existence of a religious marriage. Key Points for the Family Court Community: As sexual freedoms evolve in the United States, many individuals are finding themselves in committed relationships that are not civilly defined as "marriage." The existence of a religious marriage between parties in the absence of a civil marriage is increasingly common. Despite First Amendment concerns, many states have laws that seek to regulate the religious solemnization of a purely religious marriage. Special regulation of a solely religious marriage ought not to occur and these relationships should be treated the same as other non-marital sexual arrangements.

Michael J. Broyde, “Human Rights in Judaism Reviewed and Renewed: Education as a Prototypical Positive Human Right in Judaism,” in A.G. Roeber, ed., Human v. Religious Rights? German and U.S. Exchanges and their Global Implications (Göttingen: Vandenhoeck & Ruprecht, 2020), 59-75

*Gevurah ve-Tif’eret: An Anthology of Essays in Honor of Michael and Channah Broyde* (Atlanta: Young Israel of Toco Hills, 2005)

Michael J. Broyde and Steven S. Weiner, “A Tale of Two Pandemics? How a Law for Torah Reading Became a ‘Dead Letter’ in the Wake of Black Death – And Was Brought Back to Life by COVID-19,” in Hesed V'Emet Nashaku: The Life and Thought of Rabbi Elliot Dorff (Los Angeles, 2023), 196-229

Michael J. Broyde and Gidon Rothstein, “Examining a Controversial Heter: A Woman Converted as an Infant Marrying a Kohen— The Novel Approach of Rabbi Ephraim Greenblatt (Rivevos Efraim),” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 33 (2023): 159-199

and the Berman Director of Projects in the Emory Center for the Study of Law and Religion. He has... more and the Berman Director of Projects in the Emory Center for the Study of Law and Religion. He has served in a variety of rabbinic roles in the United States, from rabbi of the Young Israel in Atlanta to the director of the Beth Din of America. His most recent book is titled Finding America in Exodus (Wipf & Stock 2022). Gidon Rothstein, a communal rabbi and Jewish educator, is the author of Jewish fiction and non-fiction, including a recently published analysis of responsa literature, The Judaism of the Poskim (Mosaica, 2022).

Michael J. Broyde and Ariel J. Liberman, “Learning Law Young: Towards a More Robust, Impactful Civics Education Modeled Off of Jewish Law Learning,” Journal of Law and Education, vol. 52, no. 1 (2023): 1-45

Michael J. Broyde and Shlomo C. Pill, “The Rule of the Talmud vs the Rule of Rabbinic Consensus in the Orach Chaim Section of Rabbi Yeheil Mikhel Epstein's Arukh HaShulhan,” Jewish Law Association Studies, vol. 30 [=Celebrating 100 Years of Hevrat Hamishpat Ha’Ivri] (2022): 61-81

MICHAEL J. BROYDE and SHLOMO C. PILL  I. An Introduction to Rabbi Yechiel Mikhel Epstein and the... more MICHAEL J. BROYDE and SHLOMO C. PILL  I. An Introduction to Rabbi Yechiel Mikhel Epstein and the Arukh Hashulchan: The Last Great Posek of Czarist Russia Rabbi Epstein was the last great Jewish Law authority in Czarist Russia. As the martyred scholar Rabbi Eitam Henkin explores in his posthumously published biography, 1 and as we have noted elsewhere in great detail, 2 Rabbi Yechiel Mikhel Epstein was born into a relatively wealthy family on January 24, 1829 in Bobriusk, Russia (present-day Belarus) and died on February 24, 1908 in Navahrudak, Russia. Rabbi Epstein's father was a successful businessman and competent Torah scholar who made sure that his son-who, by many accounts, demonstrated intelligence and aptitude for Talmudic studies at a young age-received a thorough rabbinic education. 3 Rabbi Epstein spent his formative years studying Torah under the direction of Rabbi Elijah Goldberg, the Chief Rabbi of Bobriusk, as well as a brief stint in the famous Volozhin Yeshivah from 1842

Michael J. Broyde, “Why Are Women Obligated in Some Time-Bound Positive Commandments and Exempt from Others? A New Theory,” The Lehrhaus (21 August 2022)

Michael J. Broyde, “Marriage between a Kohen and a Girl who was Adopted and Converted,” Tehumin, vol. 42 (2022): 385-393 (Hebrew)

Michael J. Broyde and Shlomo C. Pill, “The Concept of Human Rights in Judaism,” in Catharina Rachik and Georges Tamer, eds., The Concept of Human Rights in Judaism, Christianity and Islam (Berlin: de Gruyter, 2022), 19-61

In contemporary Western societies, human rights encompass ab road constellation of material moral... more In contemporary Western societies, human rights encompass ab road constellation of material moral needsand interests that are guaranteed to all people simplybyvirtue of the fact that they are people.¹ Religious and normative traditions, includingJ udaism and Jewishlaw recognize and protect manyofthese currently accepted human rights.² Indeed, religious legal traditions tend to be rather good at respectingand enforcingabroad rangeofmaterial human rights and material human dignity.A se xplainedb elow,J udaism recognizes the inherent equality and dignityofa ll people; respects natural liberty and autonomy; protects rights to life, bodilyi ntegrity,h ealth, property,e ducation, basic food, housing,a nd healthcare; and provides important legal rights closelyresemblingcontemporary ideas of dueprocess in the courts.One might even arguethat religious traditions are more effective thanm odern, secular state systems at ensuring many basic material human needs because religious traditions are not mired by bureaucracy, political concerns, and commitments to various forms of free-market capitalism which leave significant segments of society vulnerable and without basic human needs like adequate food, housing,h ealthcare, and education. Where religions often do apoor job at protecting human rights-and where moderns tatesa nd non-state organizations tend to better succeed-is in the realm of recognizinga nd protecting less tangible,i nchoate rights, especially the rangeo fr ights associated with freedom of religion, conscience, association, and the right to dissent from prevailing societal norms and values. One of the coreh uman rights widelyr ecognizedb ys tates and international conventions is the right to freedom of religion, and more particularly, the right to freely choose to not practice or believeinaparticular faith, or anyfaith at all. The United States Constitution provides that "Congress shall make no lawr espectingan  Fori mportantr ecent scholarship providingu seful overviews of the history,s ubstance, and evolution of Western human rights discourses,see Stearns,

Michael J. Broyde and Gidon Rothstein, “Is it Permissible for a Woman who Converted in her Youth to Retroactively Marry a Kohen?” Ohr Yisroel, vol. 28, no. 1 [#85] (September 2022): 208-222 (Hebrew)

Michael J. Broyde, “Religious Values in Secular Institutions? Yeshiva University and the Future of Religiously Affiliated (but Secularly Chartered) Higher Education in America,” Journal of Law, Religion and State, vol. 10, no. 1 (September 2022): 53-85

Universities that are incorporated under a secular charter face a number of challenges in claimin... more 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 as a case study of the difficulties faced by these institutions. yu has been sued by a group of students and alumni for refusing to authorize an official lgbt club, and yu has argued that it is entitled to a religious exemption from New York City anti-discrimination laws. This paper discusses the history of yu and its relationship with lgbt rights, as well as relevant case law concerning religious education, discrimination on the basis of sexual orientation, and religious exemptions. The paper concludes with a discussion of the legal options a SCbRMU has when faced with these issues, including shedding part of its identity (either the religious or the secular), maintaining the status quo, and defiance. Ultimately, none of the options are ideal for such an institution, and the nature of the conflict for yu, when discrimination against funding religious institutions leads to the financial need for a secular charter, and the school's secular status then leads to difficulty receiving a religious exemption from anti-discrimination laws, show that society is not tolerant of ambiguity in this scenario, and institutions are better served if they avoid these contradictions.

Michael J. Broyde and Ezra Ives, “Religious Alternative Dispute Resolution In Israel And Other Nations With State-Sponsored Religious Courts: Crafting A More Efficient And Better Relationship Between Rabbinical Courts And Arbitration Law In Israel,” Touro Law Review, vol. 36, no. 4 (2021): 901-942

Michael J. Broyde and David Zeligman, “Privatizing the Temple Mount (Haram es-Sharif) and the Western Wall (Kotel): A Swiftian Suggestion for Solving the Religious Freedom Problems,” Journal of Law, Religion and State, vol. 9, no. 1 (March 2021): 23-47

Proposals abound in Israel to address the question of pluralistic access to the Temple Mount and ... more 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 restrict various rights within them. This proposal is based on a model adopted and implemented in Salt Lake City, Utah, to address various questions regarding access to property purchased by the Church of Jesus Christ of Latter-day Saints.

Michael J. Broyde and Benjamin J. Samuels, “Loving the Convert Prior to a Completed Conversion: With a Test Case Application of Inviting Conversion Candidates to Pesach Seder and Yom Tov Meals,” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 28 (2020): 147-185

The redundancy problem of Ahavat Yisrael combined with Ahavat ha-Ger is compounded by a certain p... more The redundancy problem of Ahavat Yisrael combined with Ahavat ha-Ger is compounded by a certain paradox of praxis. As an extension of Mishnah Bava Metzia 58b, one is not supposed to identify nor treat a convert post-conversion as different from a born Jew, and yet the mitzvah of Ahavat ha-Ger demands specialized and preferential treatment.

Silas W. Allard, Michael J. Broyde, M. Christian Green, Michael J. Perry, John Witte, Jr., “Editorial,” Journal of Law and Religion, vol. 35, no. 3 (December 2020): 359-360

This issue closes out the thirty-fth volume of the Journal of Law and Religion. Over thirty-ve ... more This issue closes out the thirty-fth volume of the Journal of Law and Religion. Over thirty-ve volumes, the scholars and subjects that ll the pages of the journal have evidenced both continuity and change as perennial questions and established scholars in the eld of law and religion have been joined by emerging issues and a new cohort of researchers. JLR has grown with the eld of law and religion, from the eld's early days as a small scholarly community anchored in a few niche programs (principally in the United States and Europe) to a robust global conversation with important centers of gravity across six continents. Throughout the decades of expansion, from the humble beginnings to the now global eld of study, law and religion has been deeply interdisciplinary and interreligious, inviting and encouraging perspectives from across the academy and religious traditions-although the disciplinary and religious interlocutors have also diversied in important ways over time. 1 Over thirty-ve volumes, JLR has always aspired to be the place where the vital contributions to this wide-ranging conversation are published. As the founding editors, Michael Scherschligt and Wilson Yates, wrote in the preface to the rst issue, "In undertaking this venture, we seek to provide a forum, a place to hear and be heard for all those interested in exploring how law and religion are related." 2 This charge was embraced by the journal's longest serving editor-in-chief, Marie Failinger, when she and Patrick Keifert took over the reins of the journal in 1989, writing "we take up the challenge which Michael and Wilson left us: to encourage the widest possible diversity of thoughtful, well-written views about law and religion, to inquire deeply and persistently into the relationships between these disciplines and these practices, and to ask courageously the common questions which they raise." 3 And it was to the mission of providing a distinguished forum for deep dialogue across disciplines and religious traditions that we dedicated ourselves when JLR moved from its long-time editorial home at Hamline University School of Law to the Center for the Study of Law and Religion at Emory University in 2013. 4 As we close out this thirty-fth volume and look expectantly to the future of JLR, we are recommitted to the mission of publishing cutting-edge interdisciplinary, interreligious, and international research on critical issues of law and religion. Further advancing this mission, we are excited to announce the addition of eleven new co-editors to the journal's leadership beginning with volume thirty-six.

Michael J. Broyde, “An Analysis of Rabbi Moshe Sternbuch’s Responsa (Teshuvah) on the Beth Din of America’s Prenuptial Agreement,” Jewish Law Association Studies, vol. 28 [=The Jewish Family] (2020): 41-56

Study of Law and Religion. He served for many years as a aver (member) of the Beth Din of America... more

Michael J. Broyde, “A Brief Unpublished Teshuva from Rabbi Norman Lamm זצ"ל with Regard to the Performance of Live Music on Israel Independence Day at Yeshiva University” (4 June 2020)

‫ז‬ ‫צ‬ " ‫ל‬ penned this brief teshuva about the practice of playing live music on Israel's inde... more ‫ז‬ ‫צ‬ " ‫ל‬ penned this brief teshuva about the practice of playing live music on Israel's independence day at Yeshiva University to us at the Young Israel of Toco Hills in Atlanta, then a fledgling Modern Orthodox synagogue that opened its doors the previous fall. I was rabbi of the Young Israel at the time, and we were preparing to celebrate Israel's Independence Day with live music, contrary to the practice of the other Orthodox synagogues in the area. There was considerable lay and rabbinic opposition in Atlanta to introducing live music during sefirah, and I sought written support from my teachers and rabbayim to validate the minhagim of our new community. Rabbi Lamm ‫ז‬ ‫צ‬ " ‫ל‬ responded on RIETS stationery clearly and directly with a recitation of the longstanding practice of YU in this area. I have reproduced his text and my translation below.

Ira Bedzow and Michael J. Broyde, “The Role of Custom in the Jurisprudence of the Mishna Berura,” in Joseph Isaac Lifshitz, et al., eds., Minhagim: Custom and Practice in Jewish Law (Berlin: de Gruyter, 2020), 141-159

 The Rishonim were the leadingrabbis wholivedduring approximatelythe eleventh to the fifteenth c... more

Michael J. Broyde, “The Effectiveness of (Rabbinic) Prenuptial Agreements in Preventing Marital Captivity,” International Journal of Constitutional Law, vol. 18, no. 3 (October 2020): 944-964

Jewish law (also known as Halakha) requires that a man give and a woman receive a get, a Jewish b... more Jewish law (also known as Halakha) requires that a man give and a woman receive a get, a Jewish bill of divorce, in order to end their Jewish marriage, which has a legal existence independent of their civil marriage and is not ended by a civil divorce. Since around 1960, there have been many attempts to solve this problem of marital captivity in North America. American prenuptial agreements (PNAs) best address this problem of Orthodox Jewish husbands withholding a get. This article explains why Jewish law prefers contract-based solutions over legislative or judicial solutions and presents empirical research on which type of PNA best solves this problem in America.

Michael J. Broyde and Rachel M. Peltzer, “Rethinking Religious Marriages When Done Without Any Civil Marriage: Non-Marriage, Neo-Marriage, Marriage or Something Else?” Family Court Review, vol. 59, no. 4 (October 2020): 992-1021

In an era in which relationships that look like marriage, but are not civilly recognized as such,... more 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 common law married. Other states will simply never recognize the parties as married. Beyond marital status, some states find that the relationship has implications for support and benefits. Additional questions arise when the parties to a "quasi-marital" relationship attempt to marry in the eyes of God, without also seeking a civil marriage. The regulation of a solely religious marriage is fraught with First Amendment concerns, and yet, many states criminalize the solemnization of a purely religious marriage in some fashion. How and whether these laws are enforced impact an individual's exercise of religion. Governmental non-regulation of other premarital sexual arrangements suggests that there is no state interest in the regulation of a solely religious marriage. This Article provides a foray into the law that governs solely religious marriages. It addresses the factors that motivate individuals to enter into a religious marriage without also entering into a civil marriage, discusses models of religious marriage regulation abroad and within the United States, and provides insight into how the government treats quasi-marital relationships in general. This Article advocates that states ought to treat all persons who have chosen to avoid the secular marriage process the same. That is, the regulation of individuals who have crafted a marital relationship that is purely religious should be consistent with the regulation of other non-marital sexual arrangements. In deciding whether a solely religious marriage constitutes non-marriage, neo-marriage, marriage, or something else, the government should pay no attention to the man behind the curtain, 1 which in this case is the existence of a religious marriage. Key Points for the Family Court Community: As sexual freedoms evolve in the United States, many individuals are finding themselves in committed relationships that are not civilly defined as "marriage." The existence of a religious marriage between parties in the absence of a civil marriage is increasingly common. Despite First Amendment concerns, many states have laws that seek to regulate the religious solemnization of a purely religious marriage. Special regulation of a solely religious marriage ought not to occur and these relationships should be treated the same as other non-marital sexual arrangements.

Michael J. Broyde, “Human Rights in Judaism Reviewed and Renewed: Education as a Prototypical Positive Human Right in Judaism,” in A.G. Roeber, ed., Human v. Religious Rights? German and U.S. Exchanges and their Global Implications (Göttingen: Vandenhoeck & Ruprecht, 2020), 59-75

Michael J. Broyde and Steven S. Weiner, “Intellectual Property and Genetic Sequences: A Jewish Law Perspective,” in Patents on Life: Religious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property (Cambridge: Cambridge University Press, 2019), 113-132

Since Johannes Gutenberg's printing of the Bible in the mid-fifteenth century, the question of au... more Since Johannes Gutenberg's printing of the Bible in the mid-fifteenth century, the question of authors' exclusive rights to their creative works has confronted publishers and writers, judges and moralists. Similarly, and also beginning in the Early Modern time period, with the emergence of increasingly sophisticated commercial manufacturing industries and ultimately the Industrial Revolution, societies have faced a demand to provide some degree of exclusive legal protection to inventors of new and useful machines and technologies. 1 The rationale for awarding a measure of exclusive protection to creative works and useful inventions is fairly easy to articulate. Creating a truly innovative and successful invention or work of authorship typically requires a disproportionately large investment of costly resources (time, capital, etc.) at very high risk, as contrasted with the fairly modest, low-risk investment that enables copying a new work or technology once it has been demonstrated to be effective and brought to market. Thus, absent some form of exclusive protection for the original author or inventorwhat we nowadays call a "barrier to entry" prohibiting would-be competitors from copying the same design-the high-risk investment necessary to develop breakthrough technologies and works would be economically irrational. Society as a whole would then be deprived of the great benefits delivered by artistic and technological progress. This rationale is very nicely captured in Article One (section 8, clause 8) of the United States Constitution (hereinafter the "IP Clause"), which succinctly explains the congressional power to grant exclusive patent and copyright protection as follows (emphasis added): "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." 1 The Venetian Patent Statute of 1474 is often regarded the earliest codified patent system in the world.

Michael J. Broyde, *Jewish Law and the American Thanksgiving Celebration: Secular or Religious Holiday?* (Cambridge, MA: The Institute for Jewish Research and Publications, 2024)

With Gratitude to Mark Semer for his help during the dark times more than a decade ago.

Rabbi Yechiel Michel Epstein, *Aruch Hashulchan in English: Orach Chaim, Chapters 242-292 (Laws of Shabbat)*, trans. Michael J. Broyde (Jerusalem: Urim Publications, 2021)

Michael J. Broyde and Shlomo C. Pill, *An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh HaShulhan* (Boston: Academic Studies Press, 2020)

Michael J. Broyde and Reuven Travis, *Sex in the Garden? Family and Sexuality in the Book of Genesis* (Eugene, OR: Wipf and Stock Publishers, 2019)

Michael J. Broyde, *A Concise Code of Jewish Law for Converts* (Jerusalem: Urim Publications, 2017)

Michael J. Broyde, *Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West* (Oxford: Oxford University Press, 2017)

xvi ) aCknowl edgme n t s xvi Emory University School of Law provided research funding for the wr... more xvi ) aCknowl edgme n t s xvi Emory University School of Law provided research funding for the writing of this book, and The Tam Institute of Jewish Studies has always provided assistance for many different projects, including this one. Dr. David Blumenthal has been a source of constant conversation about this matter over many years and I am grateful to him for his many contributions.

Michael J. Broyde and Ira Bedzow, *The Codification of Jewish Law and an Introduction to the Jurisprudence of the Mishna Berura* (Boston: Academic Studies Press, 2014)

*Contending with Catastrophe: Jewish Perspectives on September 11th*, ed. Michael J. Broyde (New York: Beth Din of America Press and K’hal Publishing, 2011)

M i c h a e l J. B r o y d e * The position of Executive Vice President of the Rabbinical Council... more

Michael J. Broyde, *Innovation in Jewish Law: A Case Study of Chiddush in Havineinu* (Jerusalem: Urim Publications, 2010)

Michael J. Broyde, *The Pursuit of Justice and Jewish Law: Halakhic Perspectives on the Legal Profession, 2nd edition* (New York: Yashar Books, 2007)

Michael J. Broyde and Michael Ausebel, eds., *Marriage, Sex, and Family in Judaism* (Lanham: Rowman & Littlefield Publishers, 2005)

Michael J. Broyde, *Marriage, Divorce, and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America* (Jersey City: Ktav, 2001)

Michael J. Broyde and John Witte, Jr., eds., *Human Rights in Judaism: Cultural, Religious, and Political Perspectives* (Northvale, N.J.: Jason Aronson, 1998)

Michael J. Broyde, *The Pursuit of Justice and Jewish Law: Halakhic Perspectives on the Legal Profession* (New York: Yeshiva University Press, 1996)