Law Commons^™

Eisenberg V. Minister Of Building And Housing, Aharon Barak, Eliezer Goldberg, Eliahu Mazza

Translated Opinions

Facts: The sixth respondent (Ginosar) was formerly a member of the General Security Service. He was involved in the ‘300 bus’ affair and the ‘Nafso’ affair.

In the ‘300 bus’ affair, a bus was seized by terrorists. The army stormed the bus, rescued the passengers and two of the terrorists were arrested alive. It was later announced that all the terrorists died in the rescue. A commission of enquiry was appointed, and Ginosar was one of its members. He acted in this capacity to cover up the involvement of some of the General Security Service personnel in the case. Ginosar …

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …

Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson

Articles

Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.

A Further Word Against Consensus, John O. Mcginnis

Articles

In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.

The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis

Articles

No abstract provided.

Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza

Translated Opinions

Following a number of brutal acts of kidnapping and murder committed by the Hamas and Islamic Jihad terrorist organisations is December, 1992, it was decided by the Government of Israel to empower the military commanders of Judea and Samaria and of the Gaza Strip to issue orders for the temporary deportation of the leaders of these two terrorist organisations who had taken part in organising and supporting acts of terror, for a period not exceeding two years. The two commanders thereupon issued (general) temporary provisions under the Defence (Emergency) Regulations, 1945 (from the time of the British Mandate but still …

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.

Perinatal Substance Abuse: The Rhetoric And Reality Of 'Rights,' And Beyond And A Recent Bibliography, Sam S. Kepfield

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's handling of perinatal substance abuse (PSA), arguing that current approaches are ineffective and unjust. It proposes a new legal framework focusing on harm and causation, advocating for universal prenatal care and non-punitive solutions to address the root causes of PSA.

1993-1994 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Admission Information, p. 67

Alumni Association, p. 34

Awards and Honors, p. 34

Center for Professional Development, p. 31

Clinical Programs, p. 28

Course Descriptions, p. 37

Curriculum, p. 37

Degree Requirements, p. 69

Endowed Programs, p. 27

Facilities, p. 32

Faculty, p. 5

Honor Roll, p. 55

Housing, p. 32

Index, p. 74

Library, p. 32

Message from the Dean, p. 3

Programs of Study, p. 35

Publications, p. 33

Student Finances, p. 70

Student Organizations, p. 33

Where to Secure Information, p. 80

Yeshiva University, p. 61

Academic Calendar, p. 81

1993-1994, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 1 (1993-94)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Women's Law Journal, Vol. 1, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing prostitution perpetuates the exploitation and marginalization of women, particularly those from disadvantaged backgrounds. The author advocates for decriminalization as a necessary step towards empowering sex workers, highlighting how current legal frameworks fail to protect them and instead exacerbate their vulnerability. The thesis emphasizes the need for systemic change to address the societal structures that drive women into prostitution.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

On Property And Constitutionalism, Cass R. Sunstein

Cardozo Law Review

No abstract provided.

Grand Jury Charges Delivered By Supreme Court Justices Riding Circuit During The 1790s, David J. Katz

Cardozo Law Review

No abstract provided.

Irish Broadcasting Act, 1990

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Corporate State And Broadcasting In Ireland: A National-Popular Program, Desmond Bell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 11, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

Articles

Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

Articles

No abstract provided.

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

Articles

No abstract provided.

Delaware Fiduciary Duty Law After Qvc And Technicolor: A Unified Standard (And The End Of Revlon Duties?), Lawrence A. Cunningham, Charles M. Yablon

Articles

The Delaware Supreme Court's decisions in QVC and Technicolor have redefined the analysis of directors' fiduciary duties in takeover situations by rejecting the fragmented approach of separate duties under Revlon, Unocal, and MacMillan. Instead, these rulings establish a unified standard that combines the duties of care and loyalty under a single obligation of good faith and fair dealing, requiring directors to make reasonably informed judgments. This approach applies enhanced scrutiny to decisions involving sales of control, defensive tactics, and other extraordinary events, ensuring that directors act in the best interests of shareholders while allowing flexibility in their decision-making processes.

Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder

Articles

The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.

Purchase Money Under The Uniform Commercial Code, David G. Carlson

Articles

No abstract provided.

Outing: Justifiable Or Unwarranted Invasion Of Privacy? The Private Facts Tort As A Remedy For Disclosures Of Sexual Orientation, Barbara Moretti

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay

Cardozo Journal of Equal Rights & Social Justice

The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.

Self-Help & Contributory Infringement: The Law And Legal Thought Behind A Little 'Black-Box', Nicholas E. Sciorra

Cardozo Arts & Entertainment Law Journal

No abstract provided.