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Sa'ar V. Minister Of The Interior, Aharon Barak, Moshe Landau, Meir Shamgar

Translated Opinions

The Petitioners applied to Respondent 2 for a permit to hold a procession in Jerusalem that would culminate in a demonstration in front of the Knesset. Respondent 2 denied the request. The Petitioners therefore petitioned the High Court of Justice. Prior to the hearing, the Respondents informed the Court that the permit was denied due to the fear that the procession would result in a breach of public order, violence, breach of the peace and unlawful action, but that the Respondents were willing to allow the Petitioners to hold a public assembly, without a procession, and not in the Knesset …

The Cardozo Law Forum, Vol. 2, No. 3 (March 7, 1979), Benjamin N. Cardozo School Of Law

The Cardozo Law Forum

This issue of The Cardozo Law Forum, published March 7, 1979, covers the resignation of founding Dean Monrad G. Paulsen, the formation of a search committee to select his successor, and Barbara Berwitz becoming the law school's first graduate. Additional coverage includes Law Student Association Senate disciplinary proceedings, the Criminal Law Clinic's first trial victory, a symposium on law and aging, campus security concerns, and preparations for the school's first commencement. The issue also examines the operations of the Cardozo Law Review, student employment challenges, and relations between the law school and Yeshiva University. Editorials, letters to the editor, …

The Taxation Of Qualified Employee Plan Benefits: A Brief Stroll Through The "Statutory Thicket", Edward A. Zelinsky

Articles

No abstract provided.

Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …

The Right To Receive Information And Ideas Willingly Offered: First Amendment Protection For The Communication Process, James Putnam Abbott

Cardozo Law Review

No abstract provided.

Table Of Contents, Masthead, And Acknowledgement

Cardozo Law Review

The prefatory matter of this inaugural issue includes the table of contents, the masthead for Spring 1979, the Table of Articles—Titles, the Table of Articles—Authors, Notes and Comments, the Table of Cases, the Table of Statutes, the Index of Subjects, and acknowledgments given by the Board of Officers of Volume I, Cardozo Law Review (1979), and David S. Korzenik, Special Issue Editor.

Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund

Cardozo Law Review

No abstract provided.

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …

Judicial Legislation, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen

Cardozo Law Review

No abstract provided.

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.

Equality, Liberty, And The Public Schools: The Role Of The State Courts, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

Aquisitive Liquidations And Section 334(B)(2): Kimbell-Diamond And Beyond, Stephen B. Meister

Cardozo Law Review

No abstract provided.

Psychological Parenthood: Ties That Are Thicker Than Blood, Shira Ruskay

Cardozo Law Review

No abstract provided.

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.

Reflections On "The Nature Of The Judicial Process", Ernest Nagel

Cardozo Law Review

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …

Law, Literature And Cardozo's Judicial Poetics, Richard H. Weisberg

Cardozo Law Review

The following article suggests a new perspective on Benjamin N. Cardozo's judicial theory. The introductory pages offer a comparison of Cardozo to a strikingly similar figure from the literary world, Flaubert, and in that light emphasize his awareness and acceptance of the place of culture and intuition in the judicial enterprise. Part I perceives Cardozo's imprecisely named "Method of Sociology" as pointing, in effect, to a "Method of Culture." This section also elaborates on the intuitive element of his judicial "poetics," not as a method in itself, but as the disciplined subjectivity which leads judges to use his four methods …

In The Eyes Of The Beholder: The Exercise Of Equitable Discretion In Federal Habeas Corpus, David Zwiebel

Cardozo Law Review

No abstract provided.

Israel Electric Corp. V. Ha'aretz, Moshe Landau, Moshe Etzioni, Yitzhak Kahan, Miriam Ben-Porat, Meir Shamgar

Translated Opinions

This is a petition for rehearing of a civil action for defamation. A majority of the panel of five Justices of the Supreme Court reinstated the District Court's judgment in favor of the Plaintiffs. The majority of the Court held -

1.      The constitutional right to free speech does not enjoy a status that is superior to the citizen's right to the protection of his good name, rejecting the contrary position taken by the United States Supreme Court in New York Times v. Sullivan. The task is to find the proper accomodation between these interests, when they conflict with …

Natzia V. Natzia, David Bechor, Moshe Etzioni, Alfred Witkon

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience.]

The appeal focused upon the dismissal of the Appellant’s request to enforce a condition of a divorce agreement with the Respondent concerning the erection of a wall to divide their apartment.

The Supreme Court held:

1. (1)        Section 2 of the Spouses (Property Relations) Law, 5733-1973, which requires the confirmation of a property agreement by a civil or rabbinical court, also applies to spouses married prior to the enactment of that law.

(2)The Spouses (Property Relations) Law, 5733-1973, is very strict in regard to a …

The Cardozo Law Forum, Vol. 1, No. 1 (February 27, 1978), Benjamin N. Cardozo School Of Law

The Cardozo Law Forum

The inaugural issue of The Cardozo Law Forum, published February 27, 1978, features an interview with Dean Monrad Paulsen addressing the early development of the Benjamin N. Cardozo School of Law, faculty recruitment, library facilities, accessibility, and student employment opportunities. Additional coverage includes Law Student Association Senate proceedings, disability rights and Section 504 of the Rehabilitation Act of 1973, changes to New York election law, and international legal education. The issue also includes editorials, student commentary, letters to the editors, poetry, and announcements documenting student life and the early history of the Benjamin N. Cardozo School of Law.

1978-1979 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Yeshiva University – p. 4

Board of Trustees – p. 4

Administration – p. 4

Benjamin N. Cardozo School of Law – p. 5

Board – p. 5

Administration (Cardozo) – p. 6

Faculty – p. 6

Yeshiva University: History and Purpose – p. 13

Benjamin N. Cardozo School of Law: History and Purpose – p. 14

Program – p. 15

Degree Requirements – p. 15

Student Activities – p. 16

Admission – p. 17

Regulations – p. 19

Student Finances – p. 24

Description of Courses – p. 28

Alphabetical Index of Courses – p. 37

General Index …

Ha'aretz Daily Newspaper Ltd. V. Israel Electric Corporation, Meir Shamgar, Zvi Berinson, Miriam Ben-Porat

Translated Opinions

This is an appeal from a judgment for the Respondents, the Plaintiffs in the lower court, in a civil action for defamation, based on an article published in the Defendant newspaper. During a period of national recession, the Plaintiff company, a public government corporation, purchased an expensive luxurious car for the use of its Director General, the second Plaintiff-Respondent, who was close to retirement. After considerable public criticism of the purchase, the Plaintiffs announced that the Director General would continue to use the old car he had previously used and that they would put the new car up for sale. …

1977-1978 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Yeshiva University – p. 4

Board of Trustees – p. 4

Administration – p. 4

Benjamin N. Cardozo School of Law – p. 5

Board – p. 5

Administration (Cardozo) – p. 5

Faculty – p. 6

Yeshiva University: History and Purpose – p. 10

Benjamin N. Cardozo School of Law: History and Purpose – p. 11

Program and Degree Requirements – p. 12

Student Activities – p. 13

Regulations – p. 14

Admissions – p. 17

Student Finances – p. 18

Description of Courses – p. 20

Index – p. 25

Gifts and Bequests – p. 27

University …