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Re-examining progressive halakhah / edited by Walter Jacob and Moshe Zemer
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Alan Sokobin

5,

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The American Jew was not ghettoized. He was not separated by an act of state from his fellow man. He desired to be an American in spirit. Concerned for integration, he sought it and attained it. Jacob Rader Marcus , Memoirs of American Jews, 1955, vol. 1,

Jerald S. Auerbach, Justice Without Law, 1983, p.73

Perhaps the most important reason for their inhibition from going to the courts for the vindication of their grievances was their lack of onfidence that non-Jewish judges were possessed of the ability to understand in a mean­ingful way- to pierce through theveil of the particularly Jewish charac

ter or background of the subject matter which was the core of their differences with the other party to the controversy. Simon Agranat,Pref

ace to Goldstein, note 53, xvi

Auerbach, op. cit., note 57, p 76

Dina de-malkhuta dina,the law of the government is the law. Elon, op. cit., vol. 1, note 22.

Auerbach, Op. Cit., note 57p. 77; Shochet,()p. Cit., note 53, p. 96

Yad Hil. San. 26:7.

Zechariah 8:16.

II Sam. 8:15

Yad, Hil. San. 22.4

Magnes developed a plan for neighborhood rabbinical judges to answer questions of ritual and mediate minor disputes. Their participation in dis pute settlement was intended to restore a traditional rabbinical function, but it could not restore the rabbinate to its traditional place in the Jewish com­munity. The rabbis resolved a restricted sphere of ritual issues for a dwin

dling constituency. Auerbach,( op. Cit., note 57, p. 79

Jews have shown a special preference for the clothing trades. According to

official reports, three-fourths of the workmen in these trades in New York are

Jews ... The instability of the Jewish unions has been ascribed to the Jew , who has in inborn desire to behis own boss.... The clothing trade in its begin­nings requiring little capital, the development of the clothing industry in New York within recent years has been marked, in contrast with the general trend of the time, by a tendency toward small-scale production.Trade­Unionism,| ncyclopaedia Judaica, vol. 12, p.-217.

Robert St. John, Jews , Justice and Judaism , New York , 1959, p. 269.

Auerbach, op. cit., p. 80.

B.H. Hartogenesis, A Successful Community Court, 12 J. Amer. Jud. Soc(1929). Goldstein, op. cit., p. 88

New York State Arbitration Law and Civil Practice Act 1920

The title of the court was changed to Jewish Conciliation Court in 1930 and was later amended to Jewish Conciliation Board of America. Goldstein, Op Cit., p. xvii.

Ibid., xvii.

Riess v. Murchison, 384 F.2d 727, 734(9th Cir. 1967): Sewer v Paragon Homes, 351 F. Supp. 596, 598(D. V.I. 1972).; In re Columbia Broad. Sys., Inc., 205 N.Y.S.2d 85, 89(Sup. Ct. 1960).

United Steelworkers of America v. Warrior& Gulf Nav. Co., 363 U.S. 574, 582 (1960).