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Yeshiva University, Cardozo School of Law

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Full-Text Articles in Law

Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein Oct 1993

Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein

Cardozo Law Review

Nearly thirty percent of all women murdered in America are killed by their husbands or boyfriends, and as many as ninety percent of them have been stalked.


The Americans With Disabilities Act “Readily Achievable” Requirement For Barrier Removal: A Proposal For The Allocation Of Responsibility Between Landlord And Tenant, Karen E. Field Oct 1993

The Americans With Disabilities Act “Readily Achievable” Requirement For Barrier Removal: A Proposal For The Allocation Of Responsibility Between Landlord And Tenant, Karen E. Field

Cardozo Law Review

The Americans with Disabilities Act ("ADA") was enacted July 26, 1990. Title III of the ADA, which prohibits discrimination in privately owned places of public accommodation, became effective on January 26, 1992. Members of both the legal and business communities have expressed concern over the attendant costs of compliance with what is commonly referred to as the "barrier removal" requirement of Title III. This provision requires that-to insure that disabled individuals have complete access to goods and serviceslandlords and tenants must "remove architectural, and communication barriers that are structural in nature, in existing facilities ... where such removal is readily …


Rational Choice At The Office Of Legal Counsel, Nelson Lund Oct 1993

Rational Choice At The Office Of Legal Counsel, Nelson Lund

Cardozo Law Review

Discussions of the Attorney General's advisory function, indeed most discussions of the Attorney General's role in general, are carried out in the intellectual shadows cast by two contrasting images. At one extreme, we imagine someone like the man Edward Bates conjured when he said that "the office I hold is not properly political, but strictly legal; and it is my duty, above all other ministers of state, to uphold the law and to resist all encroachment, from whatever quarter, of mere will and power.'' At the other extreme, we think of someone like John Mitchell, who went to prison as …


Dedication, Jacob Burns (1902-1993) Oct 1993

Dedication, Jacob Burns (1902-1993)

Cardozo Law Review

We dedicate this issue of the Cardozo Law Review to Jacob Bums, a benefactor whose love for the Benjamin N. Cardozo School of Law was without limit. Although he will be honored for his tangible contributions, he will be revered for his indomitable spirit which, like gentle rain, touched and refreshed us all.


Being A Jacob Burns Scholar, David S. Kahn Oct 1993

Being A Jacob Burns Scholar, David S. Kahn

Cardozo Law Review

Not long after I was admitted to the Benjamin N. Cardozo School of Law, I was told that I had been awarded a Jacob Burns scholarship. It was this scholarship that was the deciding factor in my decision to attend Cardozo, and it has had a great effect on my studies over the past two years.


Jacob Burns's Generosity, June D. Wolfman Oct 1993

Jacob Burns's Generosity, June D. Wolfman

Cardozo Law Review

At Benjamin N. Cardozo School of Law, as in so many other places, Mr. Jacob Bums is known for his exceptionally generous financial contributions. Through the Jacob Bums Scholars Program, I had the opportunity to meet Mr. Bums on several occasions. It was clear to me, and to all of us in the program, that Mr. Bums's support of our school and its students was far more than financial. Mr. Bums supported our student body from his heart.


Readings By Our Unitary Executive, Lawrence Lessig Oct 1993

Readings By Our Unitary Executive, Lawrence Lessig

Cardozo Law Review

No abstract provided.


Models Of The Opinion Function Of The Attorney General: A Normative, Descriptive, And Historical Prolegomenon, John O. Mcginnis Oct 1993

Models Of The Opinion Function Of The Attorney General: A Normative, Descriptive, And Historical Prolegomenon, John O. Mcginnis

Cardozo Law Review

The judiciary is not the only branch of government that offers authoritative constructions of the Constitution and other federal laws. Since the beginning of the Republic, the executive branch has made formal pronouncements on constitutional and statutory issues of such a substantial scope and variety that they rival the opinions of the Supreme Court. A public recording of the executive branch's most authoritative legal voice is contained in forty-three volumes of published opinions of the Attorney General and sixteen volumes of published opinions of the Office of Legal Counsel ("OLC")-the office to which the Attorney General now delegates the great …


The Movement For Quality In Government V. State Of Israel, Meir Shamgar, Aharon Barak, Eliahu Mazza, Dov Levin, Eliezer Goldberg Sep 1993

The Movement For Quality In Government V. State Of Israel, Meir Shamgar, Aharon Barak, Eliahu Mazza, Dov Levin, Eliezer Goldberg

Translated Opinions

These petitions concern the continued tenure in office of the fourth respondent as a Minister in the Government, after he was charged with accepting a bribe, breach of trust on the part of a public servant, obtaining something by deceit under aggravating circumstances, false entry in corporate documents and stealing by a director

               

The petitioner in H.C. 4319, 3094/93, argued that proper legal and public norms demand an immediate end to the 4th respondent's tenure of office as a Minister. This petitioner's approach is similar to that of the third respondent, as expressed in his application to the second respondent. …


Bargil V. Government Of Israel, Meir Shamgar, Theodor Or, Eliezer Goldberg Aug 1993

Bargil V. Government Of Israel, Meir Shamgar, Theodor Or, Eliezer Goldberg

Translated Opinions

The petition asks the court to find the Government’s policy of allowing
Israeli citizens to settle in the occupied territories of Judea, Samaria and the Gaza
Strip to be illegal. The court held that the petition was too general to be justiciable.


Eximin Sa V. Itel Style Ferarri, Meir Shamgar, Yaakov Malz, Eliezer Goldberg Aug 1993

Eximin Sa V. Itel Style Ferarri, Meir Shamgar, Yaakov Malz, Eliezer Goldberg

Translated Opinions

Facts: the appellant bought 3,000 pairs of denim boots from the respondent for a customer of the appellant in the United States. The boots had a pocket on which a letter ‘V’ was sewn. When the boots reached the United States, they were detained in customs because the design violated a trade mark registered in the United States.

The issue in dispute was: who was responsible for ignoring the question of whether the design involved a breach of a registered trade mark?

Held: (Majority opinion — President M. Shamgar, Justice Y. Malz) Since both parties knew of the possibility that …


Levy V. Mabat Building Ltd, Meir Shamgar, Dov Levin, Theodor Or Aug 1993

Levy V. Mabat Building Ltd, Meir Shamgar, Dov Levin, Theodor Or

Translated Opinions

Facts: The appellants bought an apartment from the respondent. The apartment suffered from water penetration and the respondent failed to make effective repairs. After several years the appellants sued the respondent in the District Court for rescission of the contract, restitution of the purchase price and damages. The District Court found that the appellants were entitled to rescind the contract.

The main issue in the appeal was the ruling of the District Court that the appellants must pay the respondent a sum of $16,000 for use of the apartment during the years that they lived in it. The appellants argued …


Manning V. Attorney General, Eliezer Goldberg, Aharon Barak, Eliahu Mazza, Dalia Dorner, Shlomo Levin Aug 1993

Manning V. Attorney General, Eliezer Goldberg, Aharon Barak, Eliahu Mazza, Dalia Dorner, Shlomo Levin

Translated Opinions

Facts: The petitioner was tried for murder in the United States. The trial was declared a mistrial after the jury failed to reach an unanimous verdict, and the prosecution cancelled the indictment, reserving the right to submit a new one.

 

The petitioner returned to Israel. The United States requested her extradition to stand trial for the same murder, and the District Court declared her to be extraditable. Her appeal to the Supreme Court was denied, but the President of the Supreme Court granted her application to hold a further hearing on the question of whether the defence of double jeopardy …


Jabrin V. Jabrin, Aharon Barak, Theodor Or, Shlomo Levin Jul 1993

Jabrin V. Jabrin, Aharon Barak, Theodor Or, Shlomo Levin

Translated Opinions

Facts: The appellant (the wife) and the first respondent (the husband) built a house on the property of the second respondent (the husband’s father) with his consent. The spouses later divorced. The wife sued the husband and his father, arguing against the husband that she was entitled to the value of half the rights in the house by virtue of the equitable rule of joint ownership between spouses, and against the husband’s father that he had unjustly enriched himself at her expense. The lower court found for the wife against the husband, but denied her claim against the father. The …


1993 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law Jul 1993

1993 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Jacob Burns Feted, page 1

Mediation Clinic Director Negotiates Breakthrough, page 1

New Board Members Elected, page 2

Faculty News, page 2

Dean’s Associates Meet for Breakfast, page 3

Cardozo’s Family of Supporters, page 3

New Cardozo Journal Publishes, page 3

Heyman Symposium Marks 60 Years of Securities Regulation, page 3

Junior High Students Attend ITAP, page 3

In Memoriam, page 3

Second Annual Auction Set, page 4

Mini Diplomas to be Issued, page 4

Cardozo Group Sworn in at U.S. Supreme Court, page 4

Squadron Program Attracts “Stars”, page 4

Message from the Coordinating Committee, page …


The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson Jul 1993

The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson

Articles

No abstract provided.


1993 Commencement Exercises, Benjamin N. Cardozo School Of Law Jun 1993

1993 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 Ira W. Heller, The Jewish Center, New York City

Invocation:

Mark Nelson Wildes, Rabbi Isaac Elchanan Theological Seminary

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Frank R. Lautenberg, United States Senator from New Jersey

Remarks:

Dr. Miller

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Jay H. Ziffer, Class of 1983

Remarks:

Samuel Austin Howell, Class of 1993

Awards …


Jewish Lawyering In A Multicultural Society: A Midrash On Levinson, Russell G. Pearce May 1993

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson, Russell G. Pearce

Cardozo Law Review

No abstract provided.


Table Of Contents - Cardozo Law Review, Volume 14, Issue 6 May 1993

Table Of Contents - Cardozo Law Review, Volume 14, Issue 6

Cardozo Law Review

No abstract provided.


The Jewish Lawyer, Jerome Hornblass May 1993

The Jewish Lawyer, Jerome Hornblass

Cardozo Law Review

No abstract provided.


Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur May 1993

Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur

Cardozo Law Review

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone May 1993

Judaism And Postmodernism, Suzanne Last Stone

Cardozo Law Review

No abstract provided.


Monolingualism And Judaism, José Faur May 1993

Monolingualism And Judaism, José Faur

Cardozo Law Review

No abstract provided.


On The Margins Of Microeconomics, David G. Carlson May 1993

On The Margins Of Microeconomics, David G. Carlson

Cardozo Law Review

No abstract provided.


Hatching The Egg: A Child-Centered Perspective On Parents' Rights, Barbara Bennett Woodhouse May 1993

Hatching The Egg: A Child-Centered Perspective On Parents' Rights, Barbara Bennett Woodhouse

Cardozo Law Review

No abstract provided.


Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg May 1993

Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg

Cardozo Law Review

No abstract provided.


Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein May 1993

Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein

Cardozo Law Review

No abstract provided.


Comprehensive References And Indexes, Volume 14 (1992-1993) May 1993

Comprehensive References And Indexes, Volume 14 (1992-1993)

Cardozo Law Review

No abstract provided.


Bankruptcy Versus Environmental Protection: Discharging Future Cercla Liability In Chapter 11, Philippe J. Kahn May 1993

Bankruptcy Versus Environmental Protection: Discharging Future Cercla Liability In Chapter 11, Philippe J. Kahn

Cardozo Law Review

No abstract provided.


Identifying The Jewish Lawyer: Reflections On The Construction Of Professional Identity, Sanford Levinson May 1993

Identifying The Jewish Lawyer: Reflections On The Construction Of Professional Identity, Sanford Levinson

Cardozo Law Review

No abstract provided.