SHORT ARTICLES
2021-onward
"The Supreme Court has an Ethical Conundrum," The Wall Street Journal August 1, 2024 at https://www.wsj.com/articles/the-supreme-court-ethics-recusal-reform-kagan-7011c344?mod=opinion_feat4_letterstoeditors_pos2 (long letter)
Letter to the editor, Wall Street Journal "Recusal" athttps://www.wsj.com/articles/judicial-ethics-conflict-of-interest-150a3a31?mod=letterstoeditor_article_pos9
Privatizing the Kotel, article about my article in Makor Rishon June 21, 2024
Letter to the Editor: "Recusal Standards and Congressional Power, Wall Street Journal, June 1, 2024 https://www.wsj.com/articles/justice-alito-flags-supreme-court-recusal-c68bbbda?mod=opinion_more_article_pos4
3 reasons why Alito’s flag controversy doesn’t warrant his recusal May 24, 2024 at https://edition.cnn.com/2024/05/24/opinions/samuel-alito-flag-recusal-supreme-court-broyde/index.html
Letter to the Editor, New York Time, "No Need for Alito to Recuse Himself" at https://www.nytimes.com/2024/05/22/opinion/alito-flag.html May 22, 2024
U.S. Jews Need to Brace for a Future Where anti-Israel Sentiment Is Prevalent, Haaretz, April 6, 2024.
Create Equity in Private Education by Funding it with Direct Aid, Bloomberg Machr 15, 2024 at https://news.bloomberglaw.com/us-law-week/create-equity-in-private-education-by-funding-it-with-direct-aid
Letters to the Editor, Wall Street Journal, "An Unwanted Intrusion, or a valuable Life Lesson" March 3, 2024 https://www.wsj.com/articles/life-lesson-school-cut-your-hair-06ea2c5d
Trump Immunity Claim Finds Some Support in Constitution’s Text, Bloomberg News, January 16, 2024 https://news.bloomberglaw.com/us-law-week/trump-immunity-claim-finds-some-support-in-constitutions-text
"Supreme Court's Ethics Code: Let the Case Law Begin" Bloomberg November 15, 2023 at https://news.bloomberglaw.com/us-law-week/supreme-court-starts-ethics-work-congress-or-court-must-finish
AI and Jewish Law: Seeing How ChatGPT 4.0 Looks at a Novel Issue -- Part III" at Canopy Forum October 3, 2023 at https://canopyforum.org/2023/10/03/ai-and-jewish-law-seeing-how-chatgpt-4-0-looks-at-a-novel-issue-part-iii/
"AI and Jewish Law: Seeing How ChatGPT 4.0 Looks at a Novel Issue -- Part II" at Canopy Forum October 3, 2023 at https://canopyforum.org/2023/10/03/ai-and-jewish-law-seeing-how-chatgpt-4-0-looks-at-a-novel-issue-part-ii/
"AI and Jewish Law: Seeing How ChatGPT 4.0 Looks at a Novel Issue -- Part I", at Canopy Forum October 3, 2023 at https://canopyforum.org/2023/10/03/ai-and-jewish-law-seeing-how-chatgpt-4-0-looks-at-a-novel-issue-part-i/
"The Supreme Court's Ethics Problem has a Pretty Easy Solution," August 25, 2023, https://news.bloomberglaw.com/us-law
-week/the-supreme-courts-ethics-problem-has-a-pretty-easy-solution
Letters to the editor, Wall Street Journal, August 10, 2023 "The Supreme State of Recusal on the High Court" at https://www.wsj.com/articles/supreme-court-recusal-justice-ethics-689d0d9d?mod=opinion_major_pos17
For a Solution to Israel's Turmoil, Go Back to the Beginning, Newsweek, July 24, 2023 at https://www.newsweek.com/solution-israels-turmoil-go-back-beginning-opinion-1814995
Letter to the Editor, Wall Street Journal, "Should Justice Alito Have Recused Himself" 6/24/23 https://www.wsj.com/articles/justice-alito-wsj-propublica-recusal-singer-c97f487b
“Let Judges Review Supreme Court Justices’ Recusal Decisions” on Bloomberg Law at https://news.bloomberglaw.com/us-law-week/let-judges-review-supreme-court-justices-recusal-decisions (June 1, 2023)
Letter to the Editor, Wall Street Journal " A Federal Pardon Won't Save Trump" 4/12/2023 at https://www.wsj.com/articles/trump-federal-pardon-indictment-new-york-state-vivek-bfce857b
Reply to Letters to the Editor on Accommodation, https://www.jewishpress.com/indepth/letters-to-the-editor/letters-to-the-editor-march-10-2023/2023/03/09/
"Accommodation is Still the Better Path," The Jewish Press, February 15th, 2023 at https://www.jewishpress.com/indepth/accommodation-is-still-the-better-path/2023/02/15/
Accommodation is the Way Forward in America, The Jewish Press, January 11, 2023 at https://www.jewishpress.com/indepth/opinions/accommodation-is-the-way-forward-in-america/2023/01/11/
"Give me Yavneh and It's Sages: Realistic Orthodox Judaism Saves by Accommodation", The Jewish Press, Friday December 23, 2022. https://www.jewishpress.com/indepth/opinions/give-me-yavneh-and-its-sages/2022/12/22/
Realistic Orthodox Judaism Saves by Accommodation: (Another Reply to Ben Shapiro’s article in the Jewish Press) December 23, 2022 https://cross-currents.com/2022/12/23/give-me-yavneh-and-its-sages/.
“The Case of the Sheitel: How Jewish Law Accommodates, Even on Cultural Matters, to Reduce Systemic Tension.” Canopy Forum, November 28, 2022. https://canopyforum.org/2022/11/28/the-case-of-the-sheitel-how-jewish-law-accommodates-even-on-cultural-matters-to-reduce-systemic-tension/
Law, Religion & Abortion Law of the United States: A Jewish View, Canopy Forum, Sept 22, 2022 https://canopyforum.org/2022/09/26/law-religion-abortion-law-of-the-united-states-a-jewish-view/
"Jewish Law Invites Complex Questions On Abortion" https://religionunplugged.com/news/2022/9/22/jewish-law-invites-complex-questions-on-abortion. [This article is written by Nomi Kaltmann, and is extensively about my views on abortions.]
Amicus Brief, Church of Scientology v. Bixler, United States Supreme Court, in support of the grant of of Certiorari, 22-60 (with Professor Ronald Colombo)
Opinion: Marriage equality laws and Roe’s reversal, Atlanta Journal Constitution, July 7, 2022 at https://www.ajc.com/opinion/opinion-marriage-equality-laws-and-roes-reversal/SOFEHNZ4XVD7PIKTELDB3GV4YQ/
What Does Jewish Law Think American Abortion Law Ought To Be?, The Lehrhaus, Jun2 28, 2022, at https://thelehrhaus.com/timely-thoughts/what-does-jewish-law-think-american-abortion-law-ought-to-be/ letters to the editor critical of my view at https://thelehrhaus.com/scholarship/letters-to-the-editor-what-does-jewish-law-think-american-abortion-law-ought-to-be/ and my response at https://thelehrhaus.com/scholarship/michael-broyde-responds-regarding-abortion-halakhah-and-secular-law/
Jews and Abortion in Secular Law, The Jewish Press, Friday May 20, 2022 at page 6 at https://www.jewishpress.com/indepth/opinions/jews-and-abortion-in-secular-law-more-light-and-less-heat/2022/05/19/
Amicus Letter to the California Supreme Court in Chrissie Carnell Bixler v. Church of Scientology International, et al. Case No. 9STCV29458
“There is no First Amendment Exemption in Contracts Generally or in the Federal Arbitration Act: It Would Be Poor Policy (and Maybe Unconstitutional) to Have One.” Canopy Forum, March 16, 2022 at https://canopyforum.org/2022/03/15/there-is-no-first-amendment-exemption-in-contracts-generally-or-in-the-federal-arbitration-act/
Agunah in the Aftermath of War, by Rachel Levmore, Jerusalem Post, March 9, 2022 (about tripartite)
Interview in Law and Religion, The Anglo-American Lawyer, March 2022, pages 19-23.
Faith Can Not Abrogate Contracts, Wall Street Journal, January 26, 2022
Halloween in Jewish Law: Religious and Cultural Transformation, Canopy Forum, December 15, 2021
Hasidic Parents Want Better Schools. New York Should Help Them Rather than Punish Them, Mosaic December 2, 2021
Click here for a pdf of the article.
Self Defense in the Jewish Traditions, The Jewish Press, December 1, 2021.
NetFlix: Happy Hate Speech Spreader?, The GlobePost, October 26, 21 at https://theglobepost.com/2021/10/26/netflix-hate-speech/
When parents become subservient to the state, children’s lives are jeopardized, Christian Post, Monday August 2, 2021 at https://www.christianpost.com/voices/when-parents-become-subservient-childrens-lives-are-jeopardized.html
Memorial Day in America and Yom Hazikaron in Israeltorah_mitzion_book_broyde_article.pdf, Chag Mitzion (Bet El Books, 2021)
SCOTUS: Religious freedom during a pandemic: Emory Supreme Court Review 2021.
Andrew Yang Is Right. There Should be Very Little Regulation of Hasidic Education, Education Next, June 16, 2021
Stay on the Job, Justice Breyer, CNN May 20th 2021
Gun control, Letters to the Editor, New York Times, March 25, 2021
"What Guidance, if any, Does Judaism offer to Transgender People", Can Robots be Jewish and Other Pressing Question of Modern Jewish Life, (editor, Amy Schwartz) Momement Press, 2020) pages 113-114.
2010-2020
The Misuse of the Presidential Pardon, Letters to the Editor, New York Times, December 29, 2020
Fixed Terms for Justices Will Not Fix the Confirmation Controversies, Canopy Forum, December 22, 2020
Thanksgiving and Traditional Jewish Life: Celebrating American Holidays and Jewish Law (Canopy Forum) November 25, 2020
How Should an Ethical Prosecutor Act if the Jails are Unsafe? Lessons from Jewish Law – Part III” (Canopy Forum)
How Should an Ethical Prosecutor Act if the Jails are Unsafe? Lessons from Jewish Law – Part II” (Canopy Forum)
How Should an Ethical Prosecutor Act if the Jails are Unsafe? Lessons from Jewish Law – Part I” (Canopy Forum)
The Ghosts Have Become Alive: Yeshiva University and the Future of Religiously Affiliated Higher Education in America (Yeshiva University Commentator, May 10, 2020) For a copy of the actual paper, click here.
Jewish Law During a Pandemic: The 35 Responsa of Rabbi Hershel Schachter Issued Due to COVID-19 (Berkely Center of Georgetown University, April 27, 2020)
The Case for Ginsburg to Recuse Herself, Wall Street Journal, March 4, 2020
Jewish Justice: Guyger, Forgiveness, and Christian Love Canopy Forum February 5, 2020
The First Amendment and Courts Interpreting Religious Terms, The Volokh Conspiracy (A Law Professor Blog moderated by Eugene Voloch) November 1, 2019
Discrimination isn't Good For the Jews, The Jewish Press, August 1, 2019
Choice of Law and Forum, Fulbright Magazine, Summer, 2019
Why We Should Teach Legal-Reasoning Skills to Students Education Week, June 18, 2019
Dysfunctional Law Gives Everyone Rights and Harms Children
New York Law Journal, December 5, 2018
Six Steps for Dealing with Abuse Scandals
In The New York Jewish Week (February 27, 2018).
Sharia Courts in America?
In OUPblog (November 7, 2017).
Op-Ed: The Moral Debate Over Statues
In New York Times (September 2, 2017).
Sharia in America
In The Washington Post (June 30, 2017).
Criticisms of Religious Arbitration
In The Washington Post (June 29, 2017).
Religious Arbitration as a Secular Value: The Case for Religious Arbitration
In The Washington Post (June 29, 2017).
The Rise and Rise of Religious Arbitration
In The Washington Post (June 26, 2017).
Making Religious Arbitration Work in America: The Jewish Experience
In The Washington Post (June 26, 2017).
Were Trump's Syrian Missile Strikes Morally Justified?
On CNN.com (April 13, 2017).
Letter to the Editor
In The New York Times (December 1, 2016).
Contribution in What Guidance, If Any, Does Judaism Offer to Transgender People?
In Moment Magazine (November 1, 2016).
Transgender Bathroom Issue: A Solution?
On CNN.com (October 28, 2016).
On Conversion, The True Issue Is Standards
In The New York Jewish Week (August 2, 2016).
A Jewish Solution on Transgender Bathrooms
In The New York Jewish Week (June 28, 2016). (co-author: Amy D. Katz).
Why We Shouldn't Force Hasidic Jews to Offer Secular Education
In The Forward (June 15, 2016). (co-author: Yitzchak Adlerstein).
Letter to the Editor
In The New York Times (March 12, 2016).
Here's Who Should Replace Antonin Scalia
On CNN.com (February 22, 2016).
Religious Liberty Versus Legislative Morality: Thoughts on the Supreme Court's Recent Same-Sex Marriage Ruling
In The Jewish Press (August 14, 2015).
Religious Freedom and Orthodox Jews: Three Challenges We'll Soon Confront
In The Jewish Press (June 4, 2015).
Long-Term Solution to the Money Problems of Parochial Schools: Government Funding
In HaYidion: The PRIZMAH Journal (Winter 2014), 66–7.
Review of Holy War in Judaism: The Fall and Rise of a Controversial Idea
In Journal of Church and State 56:1 (Winter 2014), 159–62. (co-author: Mark Goldfeder).
Contribution to What Makes Us Happy? A Symposium
In Moment Magazine (October 8, 2014).
Religious Freedom, Metzitzah B'Peh, Circumcision
In The Jewish Press (September 4, 2014).
Response to Reader for the Orthodox Jewish Psychotherapist
(2014), 111–3.
Parsonage Problems: The Ethics of Taxation
In Looking Forward (Official Journal of the Aspen Center for Social Values) 1:2 (March 2014), 7–11.
Evangelicals and Catholics Together on Law: Some Personal and Jewish Reflections
In Journal of Christian Legal Thought 3:2 (Fall 2013), 6–10.
A Student Remembers Justice Menachem Elon
In The Jewish Press (2013).
Žižek, ‘Zero Dark Thirty’ and Torture
In Huffington Post (2013).
The Multifarious Models for Jewish Marriage
In AJS Perspectives: The Magazine of the Association for Jewish Studies (Spring 2013), 52–3.
A One-Man Supreme Court: Why a Quarter of a Million People Turned Out to Mourn Rabbi Yosef Shalom Elyashiv
In Tablet Magazine (2012).
Jerusalem, in Love and War
In 10 Inspiring Articles Celebrating Yom Yerushalayim, Naphtali Weisz & Moshe Rothchild, eds., Teach for Israel (2012), 20–2. (co-author: Mark Goldfeder).
Learning Law Young: What Happens When Schools Teach (Jewish) Law
In HaYidion: The RAVSAK Journal (Winter 2012), 56–8. (co-author: Ira Bedzow).
Religious Freedom Has Limits, For Good Reason
In The Jewish Week (2012).
Three Cheers For IRF’s Mandating Prenuptial Agreements
In The Jewish Press (2012).
Dealing with the Agunah Quandary for 9/11 Widows
In The Jewish Press (2011). (co-author: Rabbi Yona Reiss).
The Case for the Sheitel
In Forward.com (2011).
The Ten Commandments are… An Antidote to Subjectivity
Interview in Moment Magazine (2011).
Cloning People
In Jewish Ideas Daily (2010).
Homosexuality and Halacha: Five Critical Points
In The Jewish Press (2010).
In War and Peace
In Jewish Ideas Daily (2010).
Letter in response to Rabbi Aharon Lichtenstein’s review of Rabbi Aharon Feldman’s The Eye of The Storm
In Jewish Action 70:4 (Summer 2010), 8.
Predicting The Future Of Disposable Income?
In Law360 (2010).
Review of Levirate Marriage and the Family in Ancient Judaism
In Midwest Jewish Studies Association – Shofar Book Reviews (2010).
Contribution to What Does it Mean to be a Jew Today What do Jews Bring to the World?
In Moment (2010).
2006-2009
A Father’s Pride and Joy
In Viewpoint: National Council of Young Israel (2009).
How Kosher is Kosher
In National Catholic Reporter Online (February 24, 2009).
National and International Law, and Jewish Law
In Jewish Ideas Daily (2009).
Orthodox Women Clergy?
In The Jewish Press (2009).
Religious Leadership and Political Leadership
In Chavrusa: Rabbinic Alumni Journal of Yeshiva University (Spring 2009), 17.
Death of a Giant: Thoughts on the Passing of Rabbi Emanuel Rackman
In The Jewish Press (2008).
Feb. 28, 1997: The Day Joe Lieberman Lost The Presidency?
In The Jewish Press (2008).
Hekhsher Tzedek’s Law Problem
In The Forward (2008).
Letter to the Editor: Meat Packing and Jewish Law
In The New York Times (2008).
There Can Only Be One Law of the Land
In The Forward (2008).
Home Court Advantage
In The New York Times (2007).
Op-Ed: After Annapolis – Thoughts about the Role of American Orthodox Jews
In The Jewish Press (December 7, 2007), 4. (co-author: Yitzchok Adlerstein).
The End of Conservative Judaism
In The Jewish Week (February 9, 2007), 23.
Practical Pluralism
In The Jewish Press (January 5, 2007).
Defund Terrorists
In National Law Journal (2006).
Filtering Out Religion a Recipe for Blandness
In Atlanta Journal-Constitution (January 22, 2006), B1.
Jewish Law and Torture
In The Jewish Week (July 7, 2006).
Memorial Day Loses Meaning
In Atlanta Journal-Constitution (May 29, 2006), A17.
Truth-Seeking as the Mission
In Zev Nagel and Menachem Butler, eds., My Yeshiva College: 75 Years of Memories, New York: Yashar Books (2006), 325–7.
1999-2005
Can There be Solutions to the Agunah Problem
In JOFA Journal 5:4 (2005), 8-9.
Court is Clear: Displays Shall Not Advance Religion
In Fulton County Daily Reporter (2005).
Damned If You Do…
In National Law Journal (2005).
Full Time Yeshiva Learning: An Exchange
In The Jewish Press, (August 3, 2005), 68.
Letter to a Friend about Modern Orthodoxy
In The Jewish Press (2005).
Prayer
In The Jewish Press (2005).
A Letter to a Friend about Modern Orthodoxy
In Gevurah ve-Tif'eret: An Anthology of Essays in Honor of Michael and Channah Broyde, Atlanta, Georgia: Young Israel of Toco Hills (2005), 221–6.
Prayer for the State of Israel: Why Do We Say It and What Does It Mean?
In Gevurah ve-Tif'eret: An Anthology of Essays in Honor of Michael and Channah Broyde, Atlanta, Georgia: Young Israel of Toco Hills (2005), 227–34.
The Parameters of the Mechitza in the Young Israel of Toco Hills: A Review of the Relevant Issues
In Gevurah ve-Tif'eret: An Anthology of Essays in Honor of Michael and Channah Broyde, Atlanta, Georgia: Young Israel of Toco Hills (2005), 235–40.
A Statement on the Peace Process in Israel
In Gevurah ve-Tif'eret: An Anthology of Essays in Honor of Michael and Channah Broyde, Atlanta, Georgia: Young Israel of Toco Hills (2005), 241–2.
"He Leaves and Cries; They Leave and Cry": Schisms and Hatred in Judaism and How to Prevent Them
In Gevurah ve-Tif'eret: An Anthology of Essays in Honor of Michael and Channah Broyde, Atlanta, Georgia: Young Israel of Toco Hills (2005), 243–7.
Adoption Generally, and Closed Adoption Specifically in Jewish Law
In Chadashot: Bulletin of the Chicago Rabbinical Council (September 2004), 3–7.
Compromise Would Satisfy All in Faith-Based Debate
In Atlanta Journal-Constitution (February 11, 2004), A19.
In Judaism, Playing God is Good
In Voices Across Boundaries: A Multifaith Review of Current Affairs (2004).
Solomon, He Ain’t
In National Law Journal (February 3, 2003), A17. (co-author: Yitzchok Adlerstein).
Review of Jewish Law (Mishpat Ivri): Cases and Materials
In AJS Review, 26:1 (2002), 131–3. (co-author: Angela Riccetti).
Jewish Law Understands and Permits Retaliation by Shaq
In The Los Angeles Daily Journal (January 30, 2001). (co-author: Yitzchok Adlerstein).
The Diagnosis of Brain Death
In The New England Journal of Medicine 345 (August 23, 2001), 616–8.
Celebrating Secular Holidays
In Emunah Magazine (Fall 2000), 28–32.
Cloning People
In Jewish Spectator (Spring 1999).
1993-1998
The Cloning Controversy
In Emunah Magazine (Spring/Summer 1998), 14–7.
Letter to the Editor: Modesty
In Journal of Halacha and Contemporary Society 31 (1996), 123–6.
Letter to the Editor: Israeli Citrons
In Journal of Halacha and Contemporary Society 27 (1994), 120–2.
Some Preliminary Issues Concerning Noahide Laws
In Newsletter of the Jewish Law Association 10 (1994), 5–7.
Conditional Conversions? A Review.
In Newsletter of the Jewish Law Association 8 (1993), 3–6.
I Have No Benefit from the Decree of the Sages
In Newsletter of the Jewish Law Association 9 (1993), 4–7.
Letter to the Editor: Insurance Risks
In Nature: A Journal of Scientific Inquiry (August 19, 1993).
Letter to the Editor: Nature and Television
In Nature: A Journal of Scientific Inquiry (August 14, 1993).
Letter to the Editor: Joking Apart
In Nature: A Journal of Scientific Inquiry (July 29, 1993).
Letter to the Editor: Halakhic Pluralism
In Tradition: A Journal of Jewish Thought 27:3 (Spring 1993), 108–10.
Review of “Between Civil and Religious Law: The Plight of the Agunah in American Society by Irving Breitowitz”
In AALS Jewish Law Section Newsletter (May 1993), 2–4.
Shmittah 5754: A Rejoinder
In Derech Tehilla 12:2 (1993), 1.
The Unfounded Fears of General Harkabi: Religion and the State of Israel
In Midstream Magazine 37 (1990), 10–8. (co-author: Emmanuel Rackman).
Statement of the Beth Din of America on the Bet Din of Rabbi Rackman (1998)