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Articles 1 - 24 of 24
Full-Text Articles in Law
A.I.M.D. Ltd. V. Mordechai, Edna Arbel, Edmond E. Levy, Hanan Melcer
A.I.M.D. Ltd. V. Mordechai, Edna Arbel, Edmond E. Levy, Hanan Melcer
Translated Opinions
Facts: This is a petition to quash the decision of the Diamonds Supervisor to seize and confiscate goods imported by the petitioner. In February 2007, the petitioner – a company that imports and exports diamonds – imported into Israel a diamond weighing 14.32 carats from the African state of Mali. Mali is not a member of the Kimberley Process Certification Scheme, in which Israel is a participant. The imported diamond was not accompanied by a “Kimberley Process Certificate,” as required under the Israeli legislation implementing the Kimberley Process. Therefore, the Supervisor did not issue an import license for the diamond, …
Abu Safiyeh V. Minister Of Defense, Uzi Vogelman, Dorit Beinisch, Edmond E. Levy
Abu Safiyeh V. Minister Of Defense, Uzi Vogelman, Dorit Beinisch, Edmond E. Levy
Translated Opinions
Facts: This is a petition to allow free movement of Palestinian vehicles and pedestrians along Road 443 and on the Beituniya Road. In 2002, Road 443, which served as the main traffic artery for the Palestinian residents of the area between the villages in the area and Ramallah, was closed to all Palestinian traffic. This closure was ordered following the numerous terrorist attacks that were perpetrated along the Road. The arguments related to the question of the authority of the military commander to order the restriction of traffic on the Road in general, and closure of the Road to Palestinians …
Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy
Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy
Translated Opinions
Facts: The Knesset enacted the Prisons Ordinance Amendment Law (no. 28), 5764-2004 (‘amendment 28’), which provides that the State of Israel will establish, for the first time, a (single) prison that will be operated and managed by a private corporation rather than by the state. The constitutionality of this law was challenged by the petitioners, who argued that amendment 28 disproportionately violated the rights of prison inmates as a result of the actual transfer of imprisonment powers to a private enterprise, and as a result of the concern that human rights in a private prison would be violated to a …
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Faculty Articles
A very large number of chapter 13 plans are confirmed each year. Unlike chapter 11 plans (for non-individuals), these plans may be revised after confirmation. The modification provisions of the Bankruptcy Code, however, give very little guidance as to what constitutes a permissible modification. In contrast, confirmation of the original plan is very carefully governed. This article theorizes that modification must honor the basic chapter 13 bargain. According to this bargain, the debtor is entitled to the bankruptcy estate and the creditors are entitled to net surplus income. The article assesses whether the diffuse and disorganized caselaw of modification adheres …
Boaron V. National Labour Court, Esther Hayut, Edmond E. Levy, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia, Hanan Melcer, Edna Arbel
Boaron V. National Labour Court, Esther Hayut, Edmond E. Levy, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia, Hanan Melcer, Edna Arbel
Translated Opinions
No abstract provided.
The Aftermath Of The Cash Balance Controversy: Applying The Contribution-Based Test For Age Discrimination To Traditional Defined Benefit Pensions, Edward A. Zelinsky
The Aftermath Of The Cash Balance Controversy: Applying The Contribution-Based Test For Age Discrimination To Traditional Defined Benefit Pensions, Edward A. Zelinsky
Faculty Articles
No abstract provided.
Assessment Officer - Dan Region V. Vered Peri, Eliezer Rivlin, Elyakim Rubinstein, Edna Arbel, Miriam Naor, Esther Hayut
Assessment Officer - Dan Region V. Vered Peri, Eliezer Rivlin, Elyakim Rubinstein, Edna Arbel, Miriam Naor, Esther Hayut
Translated Opinions
Facts: The respondent (the counter-appellant) is the mother of two children, and a lawyer in private practice. The respondent requested to deduct from her taxable income expenditures for her children’s pre-school and day care, as well as payments for afternoon day care for her daughter after she began attending elementary school. The respondent did not request a tax deduction for clubs that the children participated in during the afternoon, nor for day camps during the vacation summer months when the day care center was closed. The respondent argued that had her two children not been looked after in these …
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Faculty Articles
No abstract provided.
Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert
Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert
Faculty Articles
No abstract provided.
Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes
Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes
Faculty Articles
Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)
Satellite Transponders And Free Expression, Monroe Price
Satellite Transponders And Free Expression, Monroe Price
Faculty Articles
No abstract provided.
Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani
Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani
Faculty Articles
No abstract provided.
The Chapter 13 Estate And Its Discontents, David G. Carlson
The Chapter 13 Estate And Its Discontents, David G. Carlson
Faculty Articles
Thirty years after the enactment of the Bankruptcy Code, the courts have yet to agree on a theory of the bankruptcy estate in Chapter 13 cases. This is not the fault of the courts. The Bankruptcy Code is contradictory as to the composition of the chapter 13 estate. This article selects one of four possible theories and defends it as the one that does the least violence to the plain meaning of the Bankruptcy Code.
This theory is referred to in this article as the "Divestment Theory," because it holds that, upon confirmation of a chapter 13 plan, the debtor …
From The Chair, Lela P. Love
From The Chair, Lela P. Love
Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz
Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz
Faculty Articles
No abstract provided.
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Faculty Articles
There is an evolving crisis in the immigration courts and federal courts of appeals caused by the lack of quality representation for immigrants facing deportation. The problem is particularly acute for immigrants who are detained during their removal proceedings. As part of the Study Group on Immigrant Representation (Katzmann study group), the Subcommittee on Enhancing Mechanisms for Service Delivery undertook a case study of the institutional and legal barriers to quality legal representation for immigrants held at the Varick Street Detention Facility in New York City. Through this lens we hope to offer some useful insights into the core factors …
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Faculty Articles
No abstract provided.
From The Chair, Lela P. Love
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward Stein
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward Stein
Faculty Articles
This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …
Intellection And Indiscipline, Peter Goodrich
Intellection And Indiscipline, Peter Goodrich
Faculty Articles
A discipline will usually become the object of study and its relationship to other disciplines a moment of concern when its borders are precarious and its definition in dispute. Law, ‘the oldest social science’, is arguably both prior to discipline — it emerges initially and most forcefully as a practice — and without discipline, its object being potentially all human behaviour. If law is necessarily between and among disciplines, both prone to moonlighting and everywhere homeless, it will also always be in some mode of scholarly crisis. Certain conclusions follow. Law is paradoxically dependent upon other disciplines for its access …
Some Thoughts On Judicial Reviewand Collaborative Governance, Michael Herz
Some Thoughts On Judicial Reviewand Collaborative Governance, Michael Herz
Faculty Articles
No abstract provided.
Interpretive Bulletin 08-1 And Economically Targeted Investing: A Missed Opportunity, Edward A. Zelinsky
Interpretive Bulletin 08-1 And Economically Targeted Investing: A Missed Opportunity, Edward A. Zelinsky
Faculty Articles
No abstract provided.
Daniel Arises: Notes (Such As 30 And 31) From The Schlagaground*, Richard H. Weisberg
Daniel Arises: Notes (Such As 30 And 31) From The Schlagaground*, Richard H. Weisberg
Faculty Articles
No abstract provided.