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Yeshiva University, Cardozo School of Law

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The Failure Of Legal Education And The Promise Of Critical Legal Studies, Jay M. Feinman Jan 1985

The Failure Of Legal Education And The Promise Of Critical Legal Studies, Jay M. Feinman

Cardozo Law Review

No abstract provided.


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.


Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel Jan 1985

Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel

Cardozo Law Review

No abstract provided.


Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer Jan 1985

Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer

Cardozo Law Review

A strange and wonderful major league event in 1947 altered baseball and, perhaps, the consciousness of America. Viewed from a Critical Legal Studies perspective, however, that event-the integration of the National League by Jackie Robinson-is both more and less significant than it might otherwise seem. In this essay, Professor Soifer explains why.


The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon Jan 1985

The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack Jan 1985

Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack

Cardozo Law Review

No abstract provided.


Roberto Mangabeira Unger: Passion: An Essay On Personality, Deborah Chaffin Jan 1985

Roberto Mangabeira Unger: Passion: An Essay On Personality, Deborah Chaffin

Cardozo Law Review

No abstract provided.


A Comment On The Critical Method In Legal History, Mark V. Tushnet Jan 1985

A Comment On The Critical Method In Legal History, Mark V. Tushnet

Cardozo Law Review

No abstract provided.


Comprehensive References And Indexes Jan 1985

Comprehensive References And Indexes

Cardozo Law Review

No abstract provided.


Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy Jan 1985

Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy

Cardozo Law Review

No abstract provided.


Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan Jan 1985

Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan

Cardozo Law Review

No abstract provided.


Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis Jan 1985

Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis

Cardozo Law Review

No abstract provided.


Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell Jan 1985

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal Jan 1985

Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal

Cardozo Law Review

No abstract provided.


The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman Jan 1985

The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman

Cardozo Law Review

No abstract provided.


Garnishment Payments: Voidable Preferences In Bankruptcy?, Susan J. Samuels Jan 1985

Garnishment Payments: Voidable Preferences In Bankruptcy?, Susan J. Samuels

Cardozo Law Review

No abstract provided.


Area Variance Law In New York: A Uniform Approach, Yoram J. Cohen Jan 1985

Area Variance Law In New York: A Uniform Approach, Yoram J. Cohen

Cardozo Law Review

No abstract provided.


Benefactor Defense Before The Grand Jury: The Legal Advice And Incrimination Theories Of The Attorney-Client Privilege, Jeffrey Epstein Jan 1985

Benefactor Defense Before The Grand Jury: The Legal Advice And Incrimination Theories Of The Attorney-Client Privilege, Jeffrey Epstein

Cardozo Law Review

No abstract provided.


Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz Jan 1985

Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz

Cardozo Law Review

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr. Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.


A Response To Fish And White, Richard H. Weisberg Oct 1984

A Response To Fish And White, Richard H. Weisberg

Articles

The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.


Text And Intellect, Monroe E. Price Oct 1984

Text And Intellect, Monroe E. Price

Articles

The article explores the intersection of Jewish identity, legal education, and professional practice, arguing that the Talmudic tradition of rigorous textual analysis and ethical inquiry has profoundly shaped the legal thinking and contributions of Jewish lawyers and judges, such as Justice Philip Halpern. It suggests that this tradition, emphasizing precision in language, respect for authority, and the pursuit of justice, provides a unique lens for understanding law as both a moral and social force.


Israel British Bank V. Estate Of Nathan Williams, Shlomo Levin, Miriam Ben-Porat, Shoshana Netanyahu Sep 1984

Israel British Bank V. Estate Of Nathan Williams, Shlomo Levin, Miriam Ben-Porat, Shoshana Netanyahu

Translated Opinions

The appeal turns on the question as to when the cause of action arises, for the purposes of limitation of actions, in a suit brought by a bank against its customer and founded on a debit balance in a current account: on the date the debit balance came into existence or on the date of the demand for payment.

 

Held by the Supreme Court:

 

A.      (1)     All of the terms, upon which a particular indebtedness is conditional, must be complied with in order to vest in the other party to a contract the right to claim its discharge. That is …


Kossoy And Filco V. Bank Feuchtwanger Ltd, Aharon Barak, Shlomo Levin, Dov Levin Jul 1984

Kossoy And Filco V. Bank Feuchtwanger Ltd, Aharon Barak, Shlomo Levin, Dov Levin

Translated Opinions

The appeal is centred on the question of the liability of shareholders of a bank who sold their shares knowing that the bank's funds would be used to finance the acquisition of the shares and that it would endanger the existence of the bank, and on the question of the liability of the directors of the bank, who allowed the aforesaid sale of the shares.

 

Held by the Supreme Court:

A.      (1)     The director is the "brain" and "nerve center" of the company's activities. He acts in its name towards outsiders and manages its affairs internally.

          (2)     For some purposes, …


Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam Jul 1984

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

Articles

No abstract provided.


Flatto-Sharon V. State Of Israel, Dov Levin, Moshe Bejski, Shoshana Netanyahu Jun 1984

Flatto-Sharon V. State Of Israel, Dov Levin, Moshe Bejski, Shoshana Netanyahu

Translated Opinions

The Appellants in the appeal and cross appeal of the judgment given by the Magistrate's Court were convicted for conspiracy to commit a felony pursuant to section 499 of the Penal Law, 5737-1977, and for election bribery under section 122(1) of the Knesset Election Law [Consolidated Version], 5729-1969. This followed a campaign for election to the Knesset whereby their faction included a promise to provide housing at low rental and on convenient terms in apartments which Appellant No. 1 would purchase with his own funds and with funds of investors over whom he enjoyed personal influence. It was also held …


1984 Commencement Exercises, Benjamin N. Cardozo School Of Law Jun 1984

1984 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Egon Brenner, Executive Vice President; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

Cantor Sherwood Goffin, Lincoln Square Synagogue, New York

Invocation:

Rabbi Marvin J. Sugarman, Shaarey Zedek Congregation, North Hollywood, California

Welcome:

Monroe E. Price, Dean

Commencement Address:

Edward I. Koch, Mayor, City of New York

Conferring of Degrees:

Dean Price

Musical Interlude

Announcements:

Dr. Miller

Alumni Greetings:

Rosemary Claire Byrne, Cadwalader, Wickersham & Taft; Class of 1980

Awards and Honors:

Dean Price

Jacob Burns

Remarks:

Ralph Jules Reissman, Class …


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 …