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Temple Mount Loyalists Society V. Police Commander Of The Jerusalem Region, Aharon Barak, Shlomo Levin, Hannah Evenor May 1984

Temple Mount Loyalists Society V. Police Commander Of The Jerusalem Region, Aharon Barak, Shlomo Levin, Hannah Evenor

Translated Opinions

The petition concerned the Respondent’s refusal to permit the Petitioners to pray beside the western entrance to the Temple Mount (the Mughrabi Gate) on Jerusalem Day, out of concern that conducting prayer at that particular site would lead to a breach of public order.

The High Court of Justice held:

A. (1) The right to assemble and demonstrate is a basic human right in Israel. It is not an absolute right, but rather a relative right, and when it comes into conflict with other rights or interests, it must, at times, retreat in accordance with an appropriate balancing formula.

(2) …


Amit V. Southern District Police Commander, Aharon Barak, Dov Levin, Shoshana Netanyahu May 1984

Amit V. Southern District Police Commander, Aharon Barak, Dov Levin, Shoshana Netanyahu

Translated Opinions

The Petition centred on the Respondent's refusal to permit the Petitioners - who petitioned the Court on behalf of the "Committee Against the War in Lebanon" - to hold a demonstration and procession to mark the thirtieth day of the death of the late Emil Greenzweig, who had been killed in the course of a demonstration held by the "Peace Now" movement. The Police Commissioner's reasons for his refusal were his apprehension, that what had happened before in the demonstration held by "Peace Now" was likely to happen again, and that if it did, the police would be unable to …


Levi V. Commander Of The Southern District Of The Israeli Police, Aharon Barak, Dov Levin, Shoshana Netanyahu May 1984

Levi V. Commander Of The Southern District Of The Israeli Police, Aharon Barak, Dov Levin, Shoshana Netanyahu

Translated Opinions

The Petition centred on the Respondent's refusal to permit the Petitioners - who petitioned the Court on behalf of the "Committee Against the War in Lebanon" - to hold a demonstration and procession to mark the thirtieth day of the death of the late Emil Greenzweig, who had been killed in the course of a demonstration held by the "Peace Now" movement. The Police Commissioner's reasons for his refusal were his apprehension, that what had happened before in the demonstration held by "Peace Now" was likely to happen again, and that if it did, the police would be unable to …


Should The "Substantial Overbreadth" Doctrine Be Overhauled? The Example Of Morrisette V. Dilworth, William J. Maffucci Apr 1984

Should The "Substantial Overbreadth" Doctrine Be Overhauled? The Example Of Morrisette V. Dilworth, William J. Maffucci

Buffalo Law Review

No abstract provided.


Doe V. Edgar: A Constitutional Battle Against Drunken Driving, 18 J. Marshall L. Rev. 255 (1984), Douglas L. Gilmer Jan 1984

Doe V. Edgar: A Constitutional Battle Against Drunken Driving, 18 J. Marshall L. Rev. 255 (1984), Douglas L. Gilmer

UIC Law Review

No abstract provided.


The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein Jan 1984

The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein

UC Law Constitutional Quarterly

No abstract provided.


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.


How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel Jan 1984

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.


Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr. Jan 1984

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.


Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler Jan 1984

Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler

Faculty Publications

No abstract provided.


Welsh V. Wisconsin, Lewis F. Powell Jr. Oct 1983

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review Oct 1983

The Indefinite Detention Of Excluded Aliens: Statutory And Constitutional Justifications And Limitations, Michigan Law Review

Michigan Law Review

Part I of this Note examines the statutory authority for the indefinite detention of excluded aliens. It concludes that although the INA does not explicitly authorize such detention, the statute's purposes and specific provisions imply that Congress intended to establish a statutory preference for the detention of excluded aliens. The Note then argues in Part II that indefinite detention is constitutionally permissible when it is necessary to vindicate the government's sovereign right to exclude aliens. The Note concludes, however, that the Constitution requires the government to make a continuing good faith effort to deport a detained, excluded alien.


Constitutional Limitations On Postarrest, Prehearing Detention Sep 1983

Constitutional Limitations On Postarrest, Prehearing Detention

Washington and Lee Law Review

No abstract provided.


Congressional Prohibition Of Contemptuous Flag Burning Suppresses Constitutionally Protected Free Speech Sep 1983

Congressional Prohibition Of Contemptuous Flag Burning Suppresses Constitutionally Protected Free Speech

Washington and Lee Law Review

No abstract provided.


Habeas Corpus: Its History And Its Future, Charles Alan Wright Mar 1983

Habeas Corpus: Its History And Its Future, Charles Alan Wright

Michigan Law Review

A Review of A Constitutional History of Habeas Corpus by William F. Duker


Judicial Scrutiny In Public Forum Cases: Misplaced Trust In The Judgment Of Public Officials, David Goldberger Jan 1983

Judicial Scrutiny In Public Forum Cases: Misplaced Trust In The Judgment Of Public Officials, David Goldberger

Buffalo Law Review

No abstract provided.


Constitutional Law - Freedom Of Speech - Township Ordinance Prohibiting Distribution Of Advertising Materials By Depositing Them On Premises Without Homeowner's Consent Violates The First And Fourteenth Amendments, J. Gordon Cooney Jr. Jan 1983

Constitutional Law - Freedom Of Speech - Township Ordinance Prohibiting Distribution Of Advertising Materials By Depositing Them On Premises Without Homeowner's Consent Violates The First And Fourteenth Amendments, J. Gordon Cooney Jr.

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Freedom Of Speech - Since The Meadowlands Sports Complex Is Not A Public Forum, The Prohibition Of All Literature Distribution And Fund Solicitation By Outside Organizations Does Not Violate The First Amendment, Nancy H. Paterson Jan 1983

Constitutional Law - Freedom Of Speech - Since The Meadowlands Sports Complex Is Not A Public Forum, The Prohibition Of All Literature Distribution And Fund Solicitation By Outside Organizations Does Not Violate The First Amendment, Nancy H. Paterson

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Freedom Of Speech - Since Advertising Display Areas In Federally-Owned Airports Are Public Forums, The Government's Prohibition Of Political Advertisements Violates The First Amendment, Karen L. Masterson Jan 1983

Constitutional Law - Freedom Of Speech - Since Advertising Display Areas In Federally-Owned Airports Are Public Forums, The Government's Prohibition Of Political Advertisements Violates The First Amendment, Karen L. Masterson

Villanova Law Review (1956 - )

No abstract provided.


Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer Jan 1983

Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer

UC Law Constitutional Quarterly

No abstract provided.


Reasonable Suspicion And Probable Cause In Automobile Searches: A Validity Checklist For Police, Prosecutors, And Defense Attorneys Jan 1983

Reasonable Suspicion And Probable Cause In Automobile Searches: A Validity Checklist For Police, Prosecutors, And Defense Attorneys

Washington and Lee Law Review

No abstract provided.


The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg Jan 1983

The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Vi. Constitutional Law & Civil Rights Mar 1982

Vi. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.


California's Nuclear Power Regulations: Federal Preemption, Dan M. Berkovitz Jan 1982

California's Nuclear Power Regulations: Federal Preemption, Dan M. Berkovitz

UC Law Constitutional Quarterly

No abstract provided.


A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach Jan 1982

A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This discussion begins with some remarks concerning the concept of property as a general matter. It will then consider briefly an approach to the problem which, though promising and advanced, nevertheless falls short of achieving an internally consistent, unifying theory. Following this introduction, an attempt will be made to specify the two distinctive conceptual components of property interests on whose difference the cases seem to turn, and then to demonstrate the suitability of this conceptual distinction as the foundation for a coherent theory of the law.


Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough Jan 1982

Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough

Kentucky Law Journal

No abstract provided.


Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli Jan 1982

Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.


Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner Jan 1982

Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner

Villanova Law Review (1956 - )

No abstract provided.


Congress And The Supreme Court's Jurisdiction, Charles E. Rice Jan 1982

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Villanova Law Review (1956 - )

No abstract provided.