Perry  Dane

Perry Dane

Professor

Contact Information

Law Office: E425
V: (856) 225-6004
F: (856) 969-7924
dane@crab.rutgers.edu


Areas of Expertise

Courses Recently Taught

Biography

Professor Dane received his B.A. summa cum laude from Yale College and his J.D. from Yale Law School, where he was Note Editor of the law journal and received the Israel H. here Peres Prize awarded by the faculty for the best student contribution to the Yale Law Journal. After law school, he clerked for Judge David Bazelon of the U.S. Court of Appeals and Justice William Brennan of the U.S. Supreme Court and then served for nine years on the Yale Law School faculty.

Professor Dane has written landmark articles on choice of law, religion and law, the jurisprudence of Jewish law, legal pluralism, and jurisdiction. He teaches courses in Conflicts of Law, Constitutional Law, American Indian Law, Jurisdiction, Law and Religion, Nonprofit Organizations, the Canadian Legal System, and "The Debate on Same-Sex Marriage," and seminars on "Legalism" and "Religion and the State in Cross-National Perspective." In January 1997, Professor Dane was a Distinguished Visiting Professor at the University of Toronto Faculty of Law, teaching an intensive course on Religion and the Law. More recently, in January 2008, he taught a course on Religion and the State in Cross-National Perspective as a visiting professor at the University of Western Ontario Faculty of Law. During the 2000-01 academic year, Professor Dane was a faculty fellow at the Rutgers Center for the Critical Analysis of Contemporary Culture during their program on “Secularism.” He is presently a Faculty Affiliate of the Rutgers Institute for Law and Philosophy. He has also been a member of the national seminar of the Project on Religious Institutions at Yale University’s Program on Non-Profit Organizations, a guest of the Shalom Hartman Institute In Israel, and a participant in a variety of scholarly conferences around the nation and the world.

During the 2010-11 academic year, Professor Dane is a full-time resident fellow at the Tikvah Center for Law & Jewish Civilization at the New York University Law School.

Professor Dane was a co-Book Review Editor of the Journal of Law and Religion published by the Hamline University School of Law.  He has also a member of the lawreligionethics and religiousleftlaw group blogs.  His posts are available here and here.

In 2011, Professor Dane received the law school's inaugural Dean's Award for Scholarly Excellence.

For profile and materials on www.academia.edu, click here.

Publications

For selected downloads, click here.

Saving Rutgers-Camden (with Allan Stein and Robert F. Williams), 44 Rutgers Law Journal 337 (2014), available here

Nature, Equality, and Same-Sex Marriage, 62 Buffalo Law Review 291 (2014), available here.

The Natural Law Challenge to Choice of Law, in Ethics in International Law (Donald E. Childress, ed., a volume in ASIL Studies in International Legal Theory, Cambridge University Press, 2011), available here.

Review of Abduallahi Ahmed An-Na?im, Islam and the Secular State: Negotiating the Future of Shari?a (Harvard University Press, 2008), in Ancient Traditions: New Conversations, the Blog of the Center for Jewish Law and Contemporary Civilization at Cardozo Law School, available here.

Conflict of Laws in A Companion to the Philosophy of Law and Legal Theory (Second Edition) (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 2009), available here.

Constitutional Law and Religion in A Companion to the Philosophy of Law and Legal Theory (Second Edition) (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 2009), available here.

Take These Words: The Abiding Lure of the Hebrew Bible In-Itself, 4 Hebraic Political Studies 230-265 (2009) (Symposium Issue on “The Hebrew Bible in Contemporary Intellectual Discourse”), available here.

A Holy Secular Institution, 58 Emory Law Journal 1123 (2009), available here.

Joseph Henry Beale, Jr., in The Yale Biographical Dictionary of American Law 31 (Roger K. Newman, ed., Yale University Press 2009), available here.

West Virginia State Board of Education v. Barnette, Encyclopedia of the Supreme Court of the United States 217 (David S. Tanenhaus, ed., Gale 2008), available here.

Flags in Context: A Discussion of Design, Genre, and Aesthetics, 15 Raven: A Journal of Vexillology 43 (2008), available here.

Sad Time: Thoughts on Jurisdictionality, the Legal Imagination, and Bowles v. Russell, 102 Northwestern University Law Review Colloquy 164 (2008) here and here.

Separation Anxiety, 22 Journal of Law and Religion 545 (2007) (review essay on Noah Feldman, Divided by God: America’s Church-State Problem), available here.

Exemptions for Religion Contained in Regulatory Statutes, in 1 The Encyclopedia of American Civil Liberties 559 (Paul Finkelman, ed., Routledge 2006), available here.

Hernandez v. Commissioner of Internal Revenue 490 U.S. 680 (1989), in 2 The Encyclopedia of American Civil Liberties 761 (Paul Finkelman, ed., Routledge 2006), available here.

Zablocki v. Redhail, 434 U.S. 374 (1978), in 3 The Encyclopedia of American Civil Liberties 1811 (Paul Finkelman, ed., Routledge 2006), available here.

A Fountain of Renewal, in The Common Man as Uncommon Man: Remembering Justice William J. Brennan, Jr. 71 (E. Joshua Rosenkranz and Thomas M. Jorde, eds., William J. Brennan Center for Justice 2006)

“Omalous” Autonomy, 2004 Brigham Young University Law Review 1715 (Symposium Issue on “Church Autonomy”), available here.

Magic and Ritual on Yom Kippur, 8 Kerem: Creative Explorations in Judaism 116 (2002)

Book Review, 17 Journal of Law and Religion 207 (2002) (reviewing Abraham Hirsch Rabinowitz, The Study of Talmud: Understanding the Halakhic Mind).

The Varieties of Religious Autonomy, in Church Autonomy: A Comparative Survey 117 (Gerhard Robbers, ed., Peter Lang Publishers 2001) (Collected Papers of the Second European/American Conference on Religious Freedom: Church Autonomy and Religious Liberty, held in 1999 at the University of Trier).

The Intersecting Worlds of Religious and Secular Marriage, in Law and Religion: Current Legal Issues, Vol. 4, at 385 (Richard O’Dair & Andrew Lewis, eds., Oxford University Press 2001) (Collected Papers of the Fourth Current Legal Issues Colloquium, held in 2000 at the Faculty of Laws, University College, London).

Bugliosi’s Chaotic Book Evaluates Flaws in Bush v. Gore, The Legal Intelligencer, June 22, 2001, at 7 (reviewing Vincent Bugliosi, The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose Our President).

Pluralities of Justice, Modalities of Peace: The Role of Law(s) in a Palestinian-Israeli Accommodation, 32 Case Western Reserve Journal of International Law 273 (2000), available here.

Whereof One Cannot Speak: Legal Diversity and the Limits of a Restatement of Conflict of Laws, 75 Indiana Law Journal 511 (1999) (Symposium Issue on a Third Restatement of Conflict of Laws).

Spirited Debate: A Comment on Edward Foley’s Jurisprudence and Theology, 66 Fordham Law Review 1213 (1998) (Symposium Issue on “The Relevance of Religion to a Lawyer’s Work: An Interfaith Conference”)

Remarks, Memorial Proceedings before the New Jersey Supreme Court for the Honorable William J. Brennan, Jr. (Nov. 18, 1997), in 158 New Jersey Reports., at pp. xxvii, xxxix-xliii (1999)

The Corporation Sole and the Encounter of Law and Church, in Sacred Companies: Organizational Aspects of Religion and Religious Aspects of Organizations 50 (Nicholas Jay Demerath III, Peter Dobkin Hall, Terry Schmitt, & Rhys H. Williams., eds., under the auspices of the Project on Religious Institutions, Program on Non-Profit Organizations, Institution for Social and Policy Studies, Yale University, Oxford University Press 1998)

Sovereign Dignity and Glorious Chaos: A Comment on the Interjurisdictional Implications of the Entire Controversy Doctrine, 28 Rutgers Law Journal 173 (1996) (Symposium Issue on the “Entire Controversy Doctrine”)

The Public, the Private, and The Sacred: Variations on a Theme of Nomos and Narrative, 8 Cardozo Studies in Law and Literature 15 (1996) (Commemorative Volume on the Tenth Anniversary of the Death of Robert M. Cover)

Conflict of Laws in A Companion to the Philosophy of Law and Legal Theory 209 (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 1996).

Constitutional Law and Religion in A Companion to the Philosophy of Law and Legal Theory 113 (Dennis Patterson, ed., a volume in the Blackwell Companions to Philosophy Series, Blackwell Publishers, 1996).

Jurisdictionality, Time, and the Legal Imagination, 23 Hofstra Law Review 1 (1994).

The Yoke of Heaven, The Question of Sinai, and the Life of Law, 44 University of Toronto Law Journal 353 (1994), available here.

Correspondence, Reconstruction, Vol. 1, issue 4, at 3 (1992) (invited comments on Ian Haney-López, Community Ties, Race, and Faculty Hiring: The Case for Professors Who Don’t Think White, Reconstruction, Vol. 1, issue 3, at 46 (1991)).

The Oral Law and the Jurisprudence of a Textless Text, S’vara: A Journal of Philosophy, Law, and Judaism, Vol. 2, No. 2, Winter 1991, at 11, available here.

Maps of Sovereignty: A Meditation, 12 Cardozo Law Review 959 (1991).

Vested Rights, “Vestedness,” and Choice of Law, 96 Yale Law Journal 1191 (1987).

reprinted in part in A Conflict-of-Laws Anthology 292 (Gene R. Shreve, ed., Anderson Publishing Co., 1997)

D’var Torah on Parsha Nitzavim (Deuteronomy 29:9-30:20), 1 Orim: A Jewish Journal at Yale 124 (Spring 1985).

Note, Religious Exemptions Under the Free Exercise Clause: A Model of Competing Authorities, 90 Yale Law Journal 350 (1980).

The “Prime Derivative,” 7 Journal of Recreational Mathematics 111 (1974).

Newspaper and Online Columns:

Natural, Civil, and Religious: Bridging the Divide over Same-Sex Marriage, Rutgers-Camden News Now, March 2013, available here

The Chief Justice and the Individual Mandate, WHYY NewsWorks, June 29, 2012, available here.

Living With the Tension, The Jewish Daily Forward, March 23, 2012, p. 9, available here.

Stevens retirement a "poignant moment" for Rutgers–Camden law professor, Rutgers-Camden Faculty Experts Blog, available here.

Some Class Day Thoughts on Law, Religion, Rutgers, and the RJLR, Alumni Newsletter of the Rutgers Journal of Law and Religion.  Fall 2009, p. 6, available here.

Walls: Meditations from Israel, The Philadelphia Jewish Voice, # 21, March 2007, available here.

O’Connor’s opinions are her legacy: Justice pushes rest of Supreme Court toward her view of social solidarity, Philadelphia Inquirer, July 16, 2003, A17.

Where do we go from here? Postelection thoughts, Rutgers Focus, January 19, 2001, at 4 (one of six short comments by Rutgers faculty), available here.

Bush vs. Gore: What Matters Most: Bush spurring fear on courts and economy, Philadelphia Inquirer, October 29, 2000, at E7 (one of two capstone columns in series on presidential race).

An awkwardly timed State of the Union: Combining pageantry and politics, Philadelphia Inquirer, January 20, 1999, at A19.

In the Senate, compromise is just a few good words away, Philadelphia Inquirer, January 3, 1999, at E7 (discussing proceedings against President Clinton).

Presidents, prosecutors, and the rule of law: Clinton and Starr have both abused honorable precepts, Philadelphia Inquirer, September 21, 1998, at A13.

A judge who was honest with the law and himself, Philadelphia Inquirer, August 3, 1997, at E7 (remembrance of Justice William J. Brennan, Jr.).

The latest attempt to betray Native Americans, Hartford Courant, May 29, 1991, at D13.

Newspaper and Magazine Letters:

Competing Ethics, Letter to the Editor, The New Yorker, June 23, 2014, at 6, available here.

Judaism and DNA, Letter to the Editor, Science Section, The New York Times, June 11, 2013, at D3, available here.

Rutgers Compact, Letter to the Editor, The Star-Ledger, July 12, 2012, available here.

Destructive Merger Unnecessary, Letter to the Editor, Philadelphia Inquirer, March 18, 2012, at C5, available here.

The Atheist Who Challenged Cranston, Letter to the Editor, The New York Times, February 1, 2012, at A26 , available here.

Rush Is Just Getting Warmed Up, The New York Times Magazine, July 20, 2008, at 8 available here

Architects and Ethics: One Dilemma Too Many, Letter, Arts & Leisure Section, The New York Times, June 29, 2008, at 2, available here.

Are You There, God?, Letter to the Editor, The New York Times Book Review, May 27, 2007, at 5 (commenting on Michael Kinsley’s review of Christopher Hitchens, God Is Not Great (2007)), available here.

Science and the Bible, Letter to the Editor, Academe, May-June 2007 (discussing teaching science to Biblical “literalists”), available here.

Church and State: Tipping a Delicate Balance?, Letter to the Editor, The New York Times, October 15, 2006, §4, p. 11.

Enshrining the Names of 9/11, Letter to the Editor, The New York Times, July 7, 2006, §A, p. 16.

Jews and the Covenant, Correspondence, First Things, February 2006, at 5 (responding to Cardinal Avery Dulles’s article on “The Covenant with Israel.”), available here.

Undue Burden, Correspondence, The New Republic, December 19, 2005, at 4.

Sorting Out the Shoots, Correspondence, The Weekly Standard, Vol. 11, Issue 3, October 3, 2005, at 5.

“Magdalene Sisters”: Fires of Hell, Letter, Arts & Leisure Section, The New York Times, August 17, 2003, § 2, p. 2.

Meaningless Label, Letter to the Editor, Philadelphia Inquirer, August 17, 2003, §C, p. 4.

To Right the Wrongs of Slavery, Letter to the Editor, The New York Times, May 31, 2000, at § A, p. 26 (discussing reparations for African-Americans).

School Prayer Can Both Exclude and Coerce; No Amendment Needed, Letter to the Editor, The New York Times, Nov. 27, 1994, § 4, p. 10.

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