CLE Course Details

Freedom of Contract or Freedom from Contract? A Comparison of the Various Jewish and American Traditions

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Price: $29
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  • Description
    A historical look at the evolution of contract law, this CLE course focuses on the Talmudic and American contract models. The course will discuss the construction of the legal system under Jewish law, which does not include a system of bi-lateral contracts. The course will look at both systems within the context of the sale of land and of other goods. The course will also explore the freedom of contract as a legal doctrine.
  • Instructor Bio

    Michael Broyde

    Michael J. Broyde is professor of law at Emory Law and the academic director of the Law and Religion Program at Emory University. His primary areas of interest are law and religion, Jewish law and ethics, and comparative religious law. He is admitted to practice in New York State. Besides Jewish law and family law, Professor Broyde has taught Federal Courts, Alternative Dispute Resolution, Secured Credit and Bankruptcy. He received a juris doctor from New York University and published a note on the law review. He also clerked for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit.

    Professor Broyde is ordained (yoreh yoreh ve-yadin yadin) as a rabbi by Yeshiva University and is a member (dayan) of the Beth Din of America, the largest Jewish law court in America. He was the director of that court during the 1997-1998 academic year, while on leave from Emory. Outside of Emory, Professor Broyde is the founding rabbi of the Young Israel synagogue in Atlanta, a founder of the Atlanta Torah MiTzion kollel study program and a board member of many organizations in Atlanta.

    Professor Broyde has published more than 75 articles and book chapters on various aspects of law and religion and Jewish law, including "A Jewish Law View of World Law," Emory Law Journal 54: 79-93 (spec. ed., 2005), about how Jewish law might classify international law, and a series of vigorous exchanges in several publications on military ethics in Jewish law. He also has published a number of articles in the area of federal courts, including an article in the Harvard Journal of Law and Public Policy on the impeachment process.

    Professor Broyde has authored and edited several volumes: Human Rights in Judaism (Jason Aronson, 1997) (with John Witte Jr.), Marriage, Divorce and the Abandoned Wife in Jewish Law: A Conceptual Understanding of the Agunah Problems in America (Ktav, 2001) and Marriage, Sex and Family in Judaism (Rowman & Littlefield, 2005) (with Michael Ausubel). A second, revised edition of his first book, The Pursuit of Justice and Jewish Law (Yeshiva University Press, 1996), was published by Yashar Books in 2007.