Law Commons^™

The Physician As A Conscientious Objector, J. David Bleich

Faculty Articles

No abstract provided.

Barake V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Theodor Or

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) Petitioners requested that the IDF be ordered to cease checking and removing the bodies of Palestinians that had been killed during the course of warfare in the Jenin refugee camp. Petitioners also requested that the IDF be ordered not to bury those ascertained to be terrorists in the Jordan valley cemetery. Petitioners request that the tasks of identifying and removing the bodies be the responsibility of medical teams and the Red Cross. Petitioners also request that the families …

2002 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 14

Betting on a Clerkship, page 18

In the Spirit of Cardozo: The Founding of the Law School, page 20

Summer Jobs. Summer School. They Aren’t Just Work, page 29

Cardozo Students Learn the Art of Crafting Solutions through ADR, page 35

Alumni News & Notes, page 40

Ajuri V. Idf Commander In West Bank, Aharon Barak, Shlomo Levin, Theodor Or, Eliahu Mazza, Mishael Cheshin, Tova Strasberg-Cohen, Dalia Dorner, Dorit Beinisch, Jacob Turkel

Translated Opinions

Facts: The IDF Commander in Judaea and Samaria made orders requiring three residents of Judaea and Samaria to live, for the next two years, in the Gaza Strip. The orders were approved by the Appeals Board. The three residents of Judaea and Samaria petitioned the High Court of Justice against the orders.

The petitioners argued that the orders were contrary to international law. In particular the petitioners argued that Judaea and Samaria should be regarded as a different belligerent occupation from the one in the Gaza Strip, and therefore the orders amounted to a deportation from one territory to another, …

The Once And Future Property Tax: A Dialogue With My Younger Self, Edward A. Zelinsky

Faculty Articles

As I look back on my youth (expansively defined as the first 40 years of my life), everywhere I went, the local real property tax was perceived as both bad and doomed. If I could speak with the brash young law student/graduate student/alderman I once was, he would undoubtedly tell me, with great confidence, that by the beginning of the next century (which then seemed very far away) the property tax would no longer play a role in the system of local public finance.

Alas, he was wrong.

This essay explains why the young man I once was, confident of …

Adalah -- The Legal Center For Arab Minority Rights In Israel V. City Of Tel Aviv-Jaffa, Aharon Barak, Dalia Dorner, Mishael Cheshin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The subject of the Petition is whether city councils within whose jurisdiction resides an Arab minority have a duty to use the Arabic language – alongside the Hebrew language – in all city signage. The Petitioners maintain that in cities where there is an Arab minority all city signs must include writing in Arabic as well. On the other hand, the Respondents believe that …

Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie

Faculty Articles

No abstract provided.

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Faculty Articles

No abstract provided.

2002 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises:

Processional:

Herbert C. Dobrinsky, EdD, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, JD, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, PhD, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Norman Lamm, PhD, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, PsyD, The Jewish Center, New York City; Yeshiva College '83, Ferkauf Graduate School of Psychology '85

Invocation:

Rabbi Michael S. Miller, MS, The Jewish Community Relations Council; Yeshiva College '71, Bernard Revel Graduate School of Jewish Studies '76

Welcome:

David Rudenstine, JD, Dean, Benjamin …

Almandi V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) It concerns the situation in the Church of the Nativity in Bethlehem, in which armed Palestinians had fortified themselves. In the church compound there were also unarmed Palestinians civilians, as well as clergymen. The clergymen, who were not in the same part of the compound as the Palestinians, received food, though the Palestinians did not. Petitioners requested that food be allowed into the compound. They asserted that preventing food from entering the compound was a violation of international …

Center For The Defense Of The Individual V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Theodor Or

Translated Opinions

No abstract provided.

2002 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 12

An Interview with Dean David Rudenstine, page 17

Fighting for “Hearts and Minds”: Towards a Foreign Policy of Information Space, page 21

Cardozo Heroes, page 25

“More than any of us can bear”, page 30

Alumni News & Notes, page 36

How The Electoral College Imitates The World Series, Michael Herz

Faculty Articles

No abstract provided.

2002-2004, Benjamin N. Cardozo School Of Law

Cardozo Bulletin

Contents:

Legal Studies at Cardozo, p. 8

Degree Requirements, p. 12

Courses, p. 14

The Lawyering Curriculum, p. 23

Clinics, p. 24

Externships/Internships, p. 27

Publications, p. 30

Summer Programs Abroad, p. 34

Faculty, p. 36

Student Resources, p. 48

Dr. Lillian and Dr. Rebecca Chutick Law Library, p. 49

Office of Career Services, p. 50

Public Interest Opportunities, p. 52

Employment, p. 54

Student Life, p. 56

Admissions, p. 63

Tuition and Student Finances, p. 63

Cardozo Administration and Board of Directors, p. 67

Academic Calendar, p. 72

2002-2003, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Restoring Politics To The Commerce Clause: The Case For Abandoning The Dormant Commerce Clause Prohibition Of Discriminatory Taxation, Edward A. Zelinsky

Faculty Articles

No abstract provided.

Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams

Faculty Articles

Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …

The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz

Faculty Articles

No abstract provided.

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Faculty Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …

Hegel’S Theory Of Quantity, David G. Carlson

Faculty Articles

Prior to Hegel's time, no philosopher had ever tried to state what "quantity" or "number" was. Hegel undertakes a monumental definition in some of his longest chapters in the Science of Logic. In this paper, the author describes the nature of Hegel's project and how Hegel derives "quantity" from the more primitive concept of "quality." The author also reviews Hegel's critique of calculus, which hereto has received very little attention in English. Finally the author shows how, according to Hegel, the concept of "measure" derives from the unity of quality and quantity. This is the second in a planned nine-part …

How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes

Faculty Articles

Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …

Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine

Faculty Articles

No abstract provided.

Solving The Apprendi Puzzle, Kyron Huigens

Faculty Articles

No abstract provided.

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

Faculty Articles

By monitoring and investigating errors in the criminal justice system, innocence commissions could help remedy systemic defects that bring about wrongful convictions.

Rulemaking, Michael Herz

Faculty Articles

No abstract provided.