Law Commons^™

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

Cardozo Law Review

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

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

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.

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 …

Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman

Articles

The article updates and expands John H. Wigmore's 1908 list of "legal novels," categorizing literary works based on their legal themes and interactions with the law. The authors argue that literature provides a critical lens for understanding legal principles, procedures, and their societal impact, emphasizing the importance of interdisciplinary approaches to legal scholarship.

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 …

Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver

Articles

No abstract provided.

In The Halls Of Ivy: Legal Robots, Lester Brickman

Articles

The article argues that law schools must move beyond traditional theoretical education to incorporate clinical training, emphasizing the development of practical skills like client counseling and emotional competence. It highlights the gap between intellectual learning and real-world client interactions, advocating for a more holistic approach to legal education.

Foreword, Lester Brickman, Richard O. Lempert

Articles

The forword highlights the significant concern over unmet legal needs among low and middle-income populations, emphasizing the fragmented and inefficient state of research in this area. It argues that the lack of coordination among studies, inconsistent terminology, and duplication of efforts hinder progress. The authors propose a coordinated approach to identify research gaps, set priorities, and improve the delivery of legal services.

Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert

Articles

The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.

Bergman V. Minister Of Finance, Moshe Landau, Shimon Agranat, Yoel Sussman, Zvi Berinson, Eliyahu Manny

Translated Opinions

Section 4 of Basic Law: The Knesset, requires that elections to the Knesset shall be "general, nationwide, direct, equal, secret and proportional". Sections 4 and 46 of this Law require that any amendment to section 4 be approved by an absolute majority of the Knesset. In 1969, the Knesset passed a Law providing public financing of the election campaign for the seventh Knesset, scheduled to be held in 1970. According to the provisions of this Law, which was not passed by an absolute majority, such funding is granted solely to party factions which are represented in the outgoing Knesset.

The …

Association Of Engineers And Architects In Israel V. Minister Of Labor, Yoel Sussman, Yitzhak Kister, Eliyahu Manny

Translated Opinions

The Engineers and Architects Law, 1958, established a procedure for the registration of engineers and architects. It also provided that the Minister of Labour may frame regulations, after consulting with the Council of Engineering and Architecture, reserving certain activities to registered engineers and architects, which would have the effect of forbidding others with less training and experience from engaging in such activities. The Minister published such regulations, after due consultation, but postponed the date of their implementation several times. The Petitioners complain that such delay of the implementation of the regulations is unlawful.

The court issued an order nisi, directing …

Yeredor V. Chairman Of The Central Elections Committee For The Sixth Knesset, Haim Herman Cohn, Shimon Agranat, Yoel Sussman

Translated Opinions

The Central Elections Committee for the Sixth Knesset refused to confirm the “Socialists’ List” because “this list of candidates is unlawful as its initiators deny the territorial integrity of the State of Israel and its very existence.” The material that was before the Committee clearly reflected that most of the candidates on the relevant list were members of the “El Ard” movement whose purposes were described by the Israeli Supreme Court as completely and absolutely denying the existence of the State of Israel in general, and its existence within its borders in particular.

In denying the appeal, the Supreme Court …

Pardess Hana V. The Minister Of Agriculture, Zvi Berinson, Shimon Agranat, Eliyahu Manny, Moshe Silberg, Alfred Witkon

Translated Opinions

The petitioners (two of them suppliers of water and two consumers) complained that a scheme to mix the "sweet" water they were receiving at present with water from the National Water Carrier would increase the chlorine content, with deleterious effects on the plantations supplied with such water. More particularly they claimed inter alia that the demarcation by the Minister of water rationing areas was a distortion of his discretionary powers in that behalf, unnaturally combining regions wholly distinct hydrologically, and that the regulations made under the Law were too general and imprecise and left the final decision in important aspects …

Gharis V. Haifa District Commissioner, Alfred Witkon, Moshe Landau, Zvi Berinson

Translated Opinions

The Petitioner sent the Respondent (the Haifa District Commissioner) notice of the establishment of an association named “The El-Ard Movement”, as required under secs. 2 and 6 of the Ottoman Associations Law, 1909. In his reply, the Respondent noted that it was clear from the articles of association that the association was established with the intent to harm the State of Israel, and is therefore prohibited under sec. 3 of the aforesaid law. The Petitioner filed a petition with the High Court of Justice for an order nisi against the Respondent.

In denying the petition, the Supreme Court held:

A. …

Marbek Slaughter House V. Chief Rabbinical Council, Yitzhak Olshan, Alfred Witkon, Eliyahu Manny, Moshe Landau, Shimon Agranat

Translated Opinions

The kashrut of the petitioners' establishment was not disputed but the respondents imposed conditions on the grant of the license - in particular requiring the petitioners (l) not to market their kosher meat to butcher shops which did not hold a licence from the first respondent and (2) to market their non-kosher meat to non-Jewish butchers alone and on guarantee that the meat would not find its way into the Jewish market - which the petitioners claimed had nothing to do with the kashrut of their slaughterhouse and imposed a heavy financial burden on them, in addition to being discriminatory …

Beth Hananya V. Freidman, Zvi Berinson, Eliyahu Manny, Shimon Agranat

Translated Opinions

At a general meeting of the appellant society a resolution was adopted amending a certain provision of its constitution. The respondents, members of the society, sought a declaration that the resolution was void because wives of members had voted thereon although not formally members themselves. The appellant pleaded that the wives had been duly admitted to membership, that it was customary, as throughout the settlement movement, for wives to become members and that the respondents were estopped from denying such membership. The District Court granted the declaration claimed.

Held, granting the appeal, that whilst normally a person did not become …

Kariti V. Attorney General, Zvi Berinson, Eliyahu Manny, Binyamin Halevy

Translated Opinions

The appellant was charged on five counts of incorrect capital and income returns over some three years. One count was struck out by mutual consent. He was convicted by the Magistrate's Court on two counts and acquitted of the remaining two. On appeal to the District Court he was acquitted of a further count. Affirmation of his conviction on the remaining count was vaguely attributed to one of two years or both of them and the charge was amended accordingly and in the result the struck out count was revived. The appellant pleaded on appeal that in convicting him the …

Stroul V. Attorney-General, Haim Herman Cohn, Yitzhak Olshan, Moshe Landau

Translated Opinions

The appellant, a qualified hospital laboratory technician, supplied blood for transfusion to a patient without making sure - by inspection of the label on the bottle containing the blood and carrying out certain prescribed tests - that the blood was compatible with that of the patient. The two were in fact not compatible and after being transfused with blood supplied the patient died. The appellant was convicted and sentenced in the Magistrate's Court and his appeal to the District Court failed. On appeal to the Supreme Court, two submissions in law were made: that the acts or omissions of the …

Shor V. State Of Israel, Moshe Silberg, Binyamin Halevi, Alfred Witkon

Translated Opinions

In April 1957, the appellant sued a police sergeant for damages for physical injuries he had caused her. That action was dismissed at first instance on the ground of lack of evidence, and the Court of Appeal refused to interfere with this decision. The appellant then began an action against the respondents as the employers of the sergeant, claiming vicarious liability, in respect of the same alleged injuries. An application by the respondents to dismiss the action in limine as res judicata was granted: hence this appeal.

Held. (1) The rule that a judgment as between A and B will …

Shmuel V. Attorney General, Moshe Landau, Alfred Witkon, Zvi Berinson, Shimon Agranat, Haim Herman Cohn

Translated Opinions

The Attorney-General applied for an order against the applicants to remove their children from a Christian missionary school where they had placed them and to arrange for the children's education in a Jewish school. In those proceedings in the Tel Aviv District Court, the applicants requested that the sitting judge should disqualify himself because he was an orthodox Jew and people might gain the impression that he would therefore not deal with the matter impartially. The judge refused to do so and the applicants moved the Supreme Court to have the hearings transferred to another judge of the Tel Aviv …

Berenblat V. Attorney General, Haim Herman Cohn, Moshe Landau, Yitzhak Olshan

Translated Opinions

The appellant was convicted on five counts under the Nazi and Nazi Collaborators (Punishment) Law. 1950. On two of these counts he was convicted on the strength of the evidence of a single witness, found to be credible by the lower court. He appealed against conviction.

Held, granting the appeal, that in criminal matters, a court can convict on the evidence of a single witness without corroboration, after duly "cautioning" itself as to its credibility per se and considering its weight and relevance in the whole complex of evidence tendered by the prosecution with regard to the circumstances of the …

Basset V. Hapol Compulsory Insurance Ltd., Shimon Agranat, Zvi Berinson, Yitzhak Olshan

Translated Opinions

The first appellant was involved in a traffic accident, for which he was partly responsible. as a result of which a number of persons were injured. The respondent, the insurer of the other vehicle, settled the claims of some of the injured in negotiations outside court, after having invited the appellants to join in the negotiations. The latter refused to do so nor did they make any contribution to the payments made by the respondent who sued for contribution. The appellant denied liability and applied for the action to be dismissed in limine for no cause of action.

Held. The …

Gazit V. Ports Authority, Yoel Sussman, Moshe Landau, Eliyahu Manny

Translated Opinions

Whilst the second respondent was building a wharf in Kishon harbour, the first respondent issued a tender for the erection of a warehouse in the same place. The second respondent competed in the tender but its bid was not the lowest. Because, however, of the desire to have the job finished for the coming citrus marketing season and because of the difficulties apprehended if two different contractors worked on the site at the same time, the work was awarded to the second respondent after negotiations for a reduction of the price. Only the second respondent of all those competing knew …

Attorney General V. Weigel, Zvi Berinson, Binyamin Halevy, Eliyahu Manny, Haim Herman Cohn, Yitzhak Olshan

Translated Opinions

The respondent was convicted at first instance of being a procurer under section 1(b) of the Penal Law Amendment (Prostitution Offences) Law, 1962, but owing to the special circumstances of the case he was not given a prison sentence but put on probation. An appeal to the Supreme Court having failed, the Attorney-General applied for a Further Hearing* regarding the construction of the said section 10 in the light of section 3 (2) of the Probation of Offenders Ordinance, 1944. The sole issue was whether a person convicted under the Law must be sentenced to imprisonment or may instead be …