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Articles 1 - 30 of 40
Full-Text Articles in Law
Adalah Legal Center For Arab Minority Rights In Israel V. Attorney General, Dorit Beinisch, Elyakim Rubinstein, Hanan Melcer
Adalah Legal Center For Arab Minority Rights In Israel V. Attorney General, Dorit Beinisch, Elyakim Rubinstein, Hanan Melcer
Translated Opinions
Facts: In 2004, following a series of murderous terrorist attacks on Israeli civilians in 2004, as well as continual rocket launches against Israeli civilian targets, the Israel Defense Forces conducted two military campaigns in the Gaza Strip – Operation Rainbow (May, 2004) and Operation Days of Repentance (September-October, 2004). More than a year after the end of the second campaign, Adalah – Legal Center for Arab Minority Rights (petitioner 1) requested of the Attorney General and the Military Advocate General (respondents 1 and 2) that criminal investigations be opened in the matter of Operation Rainbow, due to the civilian casualties …
Tnuva Central Cooperative V. Raabi Estate, Esther Hayut, Isaac Amit, Uzi Vogelman
Tnuva Central Cooperative V. Raabi Estate, Esther Hayut, Isaac Amit, Uzi Vogelman
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
An appeal and cross appeal challenging the decision of the Tel Aviv District Court (Partial Judgment and Supplementary Judgment,) where the court partially granted a consumer class action suit, which was granted leave to be submitted in CC 10085/080 (hereinafter: Tnuva). The class action suit revolved around the misleading of the consumer public and the production of a milk product in violation of binding …
Accessing Justice: The Available And Adequacy Of Counsel In Removal Proceedings, Peter Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash
Accessing Justice: The Available And Adequacy Of Counsel In Removal Proceedings, Peter Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash
Faculty Articles
The immigrant representation crisis is a crisis of both quality and quantity. It is the acute shortage of competent attorneys willing and able to competently represent individuals in immigration removal proceedings. Removal proceedings are the primary mechanism by which the federal government can seek to effect the removal, or deportation, of a noncitizen. The individuals who face removal proceedings might be: the long-term lawful permanent resident (green card holder) who entered the country lawfully as a child and has lived in the United States for decades; or the refugee who has come to the United States fleeing persecution; or the …
Ali V. State Of Israel, Miriam Naor, Edna Arbel, Yoram Danziger
Ali V. State Of Israel, Miriam Naor, Edna Arbel, Yoram Danziger
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
The appellant was convicted in the District Court of weapons offenses (trading in weapons) and conspiracy to commit a felony. The offenses attributed to the Appellant were committed in their entirety in the Gaza Strip, and none, nor any part of any of them, were committed within the territory of the State of Israel, nor were their outcomes intended to occur in the State …
Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu
Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu
Faculty Articles
The law often limits the liability of an intermediary for the speech it carries. And rightly so, because imposing liability on intermediaries can induce them to filter out questionable content and this “collateral censorship” risks suppressing much lawful, even highly beneficial, speech. The “collateral censorship” rationale has its limits, though, and correspondingly, so should the applicability of intermediary immunity. The worry with collateral censorship is not just that intermediaries censor, but that they censor more than an original speaker would in the face of potential liability. Increased censorship, in turn, is the product of applying liability targeted at original speakers …
Chair's Message, Michael Herz
Does Qualified Immunity Matter?, Alexander A. Reinert
Does Qualified Immunity Matter?, Alexander A. Reinert
Faculty Articles
In litigation brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), most commentators agree that qualified immunity plays a substantial role in limiting plaintiffs' ability to recover compensation. Many find this tradeoff acceptable, in part because of concerns of fairness to government official defendants and in part because courts may still play a central role in announcing the law without worrying over the retroactive effect their decision will have on the personal funds of the defendant official.
This paper considers the different role that qualified immunity may play in …
Hotline For Migrant Workers V. Minister Of Defense, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia
Hotline For Migrant Workers V. Minister Of Defense, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
A petition submitted by a number of human rights organizations that seeks to examine Israel’s policy regarding deporting to Egypt groups of foreigners entering Israel unlawfully through the Sinai, and who remain in areas under Israeli jurisdiction or on its international border, and this soon after their entry into Israeli territory (hereinafter: the arranged deportation.) The petition wishes to test the above policy, particularly …
Dean Verkuil, Michael Herz
Prozansky V. Layla Tov Productions Ltd., Yoram Danziger, Edmond E. Levy, Salim Joubran
Prozansky V. Layla Tov Productions Ltd., Yoram Danziger, Edmond E. Levy, Salim Joubran
Translated Opinions
The respondent operates a clubhouse known as Truman Capote in Rehovot. As part of clubhouse policy, the respondent fixed the following minimal entry ages for visitors: for men – those born in 1982, and for women – those born in 1984. The applicant was born in 1984. On 25 April, 2008 the applicant came to the clubhouse operated by the respondent and by reason of his age was denied entry. On other occasions too the applicant was denied entry by reason of his age. Accordingly, the applicant filed a monetary claim in the Small Claims Court for the sum of …
Brief For Evidence And Criminal Law Scholars As Amici Curiae In Support Of Petitioner, Alexander A. Reinert
Brief For Evidence And Criminal Law Scholars As Amici Curiae In Support Of Petitioner, Alexander A. Reinert
Faculty Amicus Briefs
Amici are scholars who teach and write about criminal law, criminal procedure, and evidence. We file this brief to address the relationship between rules of admissibility for psychiatric testimony and Eighth Amendment standards for procedure in capital trials. The decision by the Texas Court of Criminal Appeals paid little attention to this relationship, but in so doing it ignored much of this Court’s important capital punishment jurisprudence. Amici write to emphasize that the Eighth Amendment’s emphasis on reliability and accuracy in capital trials has ramifications for the admissibility of expert testimony.
Our scholarly interest in this issue arises from teaching …
Brief Of Amici Curiae Public Justice, The Prisoners’ Rights Project Of The Legal Aid Society Of The City Of New York, And The Pennsylvania Institutional Law Project In Support Of Plaintiffs-Appellees, Alexander A. Reinert
Faculty Amicus Briefs
Public Justice is a national public interest law firm dedicated to preserving access to justice, remedying government and corporate wrongdoing, and holding the powerful accountable in courts. As part of its access-to-justice work, Public Justice created an Iqbal Project in 2009 to combat misuse of the Supreme Court’s decision in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). The Project tracks developments in the case law and provides assistance to counsel facing Iqbal-based motions. Public Justice is concerned that overbroad readings of Iqbal threaten to deny justice to many injured plaintiffs with meritorious claims.
In addition to Public …
2011 Commencement Exercises, Benjamin N. Cardozo School Of Law
2011 Commencement Exercises, Benjamin N. Cardozo School Of Law
Commencement
Order of Exercises
Processional:
Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald
Presiding:
Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal
Richard M. Joel, President, Yeshiva University
National Anthem:
Cantor Ira W. Heller, Class of 2008
Invocation:
Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law
Welcome:
Leslie E. Payson, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991
Remarks:
Matthew Diller, Dean, Benjamin N. Cardozo School of Law
Commencement Address:
Eric Schneiderman, Attorney General of the State of New York
Alumni Greeting:
Mark …
Doe V. Doe, Edna Arbel, Hanan Melcer, Uzi Vogelman
Doe V. Doe, Edna Arbel, Hanan Melcer, Uzi Vogelman
Translated Opinions
This is an application for leave to appeal the decision of the Nazareth District Court, which rejected by a majority the applicant’s appeal challenging the decision of the Nazareth Family Court. The Family Court ordered the return of the applicant’s and the respondent’s daughter to New Jersey, in the United States, under the Hague Convention Act (Returning Abducted Children), subject to amendments it set in the conditions to returning the daughter. The District Court’s majority held that there was no place to intervene in the factual findings made by the family court, both in regard to the abduction act and …
Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile, Edward A. Zelinsky
Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile, Edward A. Zelinsky
Faculty Articles
The United States' worldwide taxation of its citizens is less different from international, residence-based norms than is widely believed and is sensible as a matter of tax policy. An individual's citizenship is an administrable, if sometimes overly broad, proxy for his domicile, his permanent home. Both citizenship and domicile measure an individual's permanent allegiance rather than his immediate physical presence. Because citizenship and domicile resemble each other, and because other nations often define residence for tax purposes as domicile, the U.S. system of citizenship-based taxation typically reaches the same results as the residence-based systems of these other nations, but reaches …
Bar-Ilan University V. National Labor Court, Ayala Procaccia, Edmond E. Levy, Dorit Beinisch, Edna Arbel, Miriam Naor, Eliezer Rivlin, Asher Grunis
Bar-Ilan University V. National Labor Court, Ayala Procaccia, Edmond E. Levy, Dorit Beinisch, Edna Arbel, Miriam Naor, Eliezer Rivlin, Asher Grunis
Translated Opinions
The questions that arise for deliberation in this Petition are: Is a workers’ organization, some of whose members are pensioners of the workplace, entitled to declare a strike against the employer on the issue of the pensioners’ rights, although an employer-employee relationship no longer exists between the employer and the pensioners? Should such a strike be recognized as one that is protected by the labor laws?
What remains of a concrete labor dispute, which was resolved during the deliberations before the National Labor Court, are these conceptual-fundamental questions, which, in light of their importance, have constituted a subject of rulings …
Gil V. Minister Of Education, Asher Grunis, Edna Arbel, Hanan Melcer
Gil V. Minister Of Education, Asher Grunis, Edna Arbel, Hanan Melcer
Translated Opinions
Facts: On 9 March 2011, the Minister of Education announced that Advocate Shimon Mizrahi would be awarded the 2011 Israel Prize in the field of sports, upon the recommendation of the Israel Prize Judging Committee. The members of the Judging Committee were Tal Brody, an renowned basketball player who had played for the Maccabee Tel-Aviv basketball team, and who was awarded the Israel Prize in 1979, Gili Lustig, the head of the competitive sports section of the Israel Olympic Committee and a coach of the Israel All-Star volleyball team, and Esther Roth-Shachamorov, a celebrated athlete who had represented Israel …
Bar-On V. Knesset, Dorit Beinisch, Elyakim Rubinstein, Miriam Naor, Uzi Vogelman, Edna Arbel, Eliezer Rivlin, Asher Grunis
Bar-On V. Knesset, Dorit Beinisch, Elyakim Rubinstein, Miriam Naor, Uzi Vogelman, Edna Arbel, Eliezer Rivlin, Asher Grunis
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
Is it possible to circumvent a constitutional principle enshrined in a temporary provision set to remain in effect only for the duration of the current government’s administration term?
Background: on June 22, 2010 Basic Law: The State Budget (Special Provisions) (Temporary Provisions) (Amendment) (hereinafter: “Basic Law Temporary Provision” or “the Law”) was passed to set the budget for years 2011 and 2012, as a …
Legal Positivism As An Idea About Morality, Martin J. Stone
Legal Positivism As An Idea About Morality, Martin J. Stone
Faculty Articles
I ask what a proper critical target for 'legal positivism' might be. I argue that utilitarian moral theory, and more generally fully directive moral theories, are unacknowledged motivations for legal positivism. Contemporary debate about 'the nature of law' is, historically speaking, much more of a footnote to utilitarianism than has been recognized.
The Impact Of Ashcroft V. Iqbal On Pleading, Alexander A. Reinert
The Impact Of Ashcroft V. Iqbal On Pleading, Alexander A. Reinert
Faculty Articles
No abstract provided.
District Committee Of The Tel Aviv-Jaffa District Bar Association V. Halberstadt, Hanan Melcer, Ayala Procaccia, Uzi Vogelman
District Committee Of The Tel Aviv-Jaffa District Bar Association V. Halberstadt, Hanan Melcer, Ayala Procaccia, Uzi Vogelman
Translated Opinions
Facts: The Respondent, a lawyer, was convicted of drug possession in a criminal proceeding after pleading guilty to offences of possession of dangerous drugs for personal use, and the growing of a dangerous drug, in violation of sections 7(a), the end of 7(c), and 6 of the Dangerous Drugs Ordinance [New Version], 1973. The Respondent possessed a net weight of 25.68 grams of the drug cannabis, for personal use, and also unlawfully cultivated a cannabis plant weighing 5,480, and another weighing 3,420. The Respondent also admitted that he had been using cannabis for three years. As a result of the …
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
Faculty Articles
How much deference should courts afford executive branch interpretations of statutes and treaties? The question that has long engaged foreign relations scholars has found new salience as it has become apparent in recent years that the Supreme Court will neither abstain nor reliably defer to presidential judgment even in cases implicating national security. As the courts grapple with the scope of detention authority granted by Congress’ 2001 Authorization for the Use of Military Force, or the limits on that authority under the Geneva Conventions, a number of scholars have embraced administrative law deference doctrines such as that in Chevron v. …
Ragen V. Ministry Of Transport, Elyakim Rubinstein, Salim Joubran, Yoram Danziger
Ragen V. Ministry Of Transport, Elyakim Rubinstein, Salim Joubran, Yoram Danziger
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
This Petition concerns bus lines operated by the Second and Third Respondents, where segregation between men and women had become customary. It was argued that these arrangements violate the principle of equality, the constitutional right to dignity and to freedom of religion and conscience and that they have been put in place without lawful authorization. Against the First Respondent (hereinafter: the Respondent) it was …
Anatomy Of An Aggregate Settlement: The Triumph Of Temptation Over Ethics, Lester Brickman
Anatomy Of An Aggregate Settlement: The Triumph Of Temptation Over Ethics, Lester Brickman
Faculty Articles
In an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dollar amount to be divided up by the lawyer among her multiple clients which may number in the hundreds and even thousands. Each client, therefore, is in competition with all of the lawyer’s other clients suing the same defendant for a share of the fixed sum. Rule 1.8(g) of the ABA Rules of Professional Conduct requires that each client give their informed consent to their allocation. To facilitate the settlement and the often quite substantial contingency fees to be earned, lawyers may mislead …
2011-2012, Benjamin N. Cardozo School Of Law
2011 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law
2011 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law
Cardozo Life Magazine
Table of Contents:
Around Campus, page 2
Questions for Prof. Max Minzner, page 16
Faculty Briefs, page 18
An Interview with Stanley Fish, page 22
Same-Sex Marriage in the US, page 28
Standing Up to the Vatican, page 32
A Summer of Public Service, page 36
Intellectual Property: Fast Forward, page 42
Alumni News & Notes, page 49
Cardozo Advancement, page 57
Endnote, page 60
2011 Cardozo Life (Issue 2), Benjamin N. Cardozo School Of Law
2011 Cardozo Life (Issue 2), Benjamin N. Cardozo School Of Law
Cardozo Life Magazine
Table of Contents:
The Innocence Project at 20, page 4
Are You a Gladiator or a Peacemaker?, page 8
Top News & Events, Class Notes, page 12
News from Programs, Centers & Journals, page 16
Faculty Briefs, page 23
And… Action! The Indie Film Clinic’s First Scene, page 26
Immigration Justice: From Both Sides, page 28
Filling the Justice Gap, page 30
Alumni News & Advancement, page 34
Endnote, page 42
Looking Back, page 44
Alternative Elements, Jessica A. Roth
Alternative Elements, Jessica A. Roth
Faculty Articles
The U.S. Constitution provides a criminal defendant with a right to trial by jury, and most states and the federal government require criminal juries to agree unanimously before a defendant may be convicted. But what exactly must a jury agree upon unanimously? Well-established doctrine, pursuant to In re Winship, provides that the jury must agree that the prosecution has proven every element of the offense beyond a reasonable doubt. Yet what the elements of any given offense are is not as clear as one might expect. Frequently, criminal statutes—especially federal statutes—describe an array of prohibited conduct, leaving ambiguous whether …
Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash
Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash
Faculty Articles
Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This paper examines the hitherto-unstudied correlation between ordinances explicitly related to immigrants and legislation regarding nuisance–as illuminated through primary research into municipal legislation across the nation. Evaluating these laws and the context of their enactment, this research shows when and how nuisance laws target certain populations. Ultimately, this inquiry reveals troubling parallels to previous community responses to disfavored subgroups and the harm resulting from proxy legislation.
The Inauthentic Claim, Anthony J. Sebok
The Inauthentic Claim, Anthony J. Sebok
Faculty Articles
This Article takes a critical look at the persistence of legal doctrines that prohibit or limit property rights in litigation. The Article focuses on prohibitions on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the United States, while the assignment of other claims, such as fraud and professional malpractice, is prohibited in a large number of states. Maintenance, in which a stranger provides something of value to a litigant in order to support or promote the litigation, is prohibited in varying degrees in the United States.
These doctrines might seem quite independent of each other at …