Intellectual Property Law and Jewish Law: A Comparative Perspective on Absolutism ( Part 2 of 2 )

In a provocative new book, Duke Law School Professor, David Lange, argues that the language of the First Amendment should be interpreted in absolute terms with heightened deference to the language of the text, as informed by the history of the text’s interpretation and application. He laments the reality that in lieu of this approach, the First Amendment law in the United States has been far more influenced by a balancing oriented ideology.

DePaul Law Professor, Roberta Kwall, builds upon Lange's thesis by showing how the "absolutist" and "balancing" ideologies are reflected respectively in the lawmaking characteristic of Orthodox and Conservative movements.