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Legal History

Yeshiva University, Cardozo School of Law

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Full-Text Articles in Law

Yom Ha’Shoah In An Even More Special Context, Richard Weisberg Jan 2022

Yom Ha’Shoah In An Even More Special Context, Richard Weisberg

Online Publications

This always precious day of mournful memory is linked in 2022 to the 80th anniversary of the event that gave birth to all that unutterable sadness: the Wannsee Conference of 1942. In an otherwise innocuous building you can visit anytime you are in Berlin, a handful of men, over cakes and liqueur, devised the “Final Solution”. It took them around two days, well heated and protected from the ice and snow outdoors, to list mechanically their estimates of how many Jews lived in Europe’s various countries and how these Jews might be – though their written minutes never use …


Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz Jan 2021

Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz

Online Publications

The nationwide injunction has seized the imagination of courts and law professors in recent years. Not surprisingly, JOTWELL’s pages screens have given it extensive attention. Recent jots have described important work by Samuel Bray (twice), Amanda Frost (also twice), Russell Weaver, and Alan Trammell that attacks, defends, or theorizes nationwide (or “universal”) injunctions. Jack Beermann, in praising Bray and Frost, did have one complaint: “As an administrative law nut, I wish they both grappled more with the meaning of the APA’s instruction that reviewing courts should ‘hold unlawful and set aside’ unlawful agency action.” Mila Sohoni has now filled that …


Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz Dec 2018

Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz

Online Publications

Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.