Administrative Law Commons^™

The New Wall Of Separation: Permitting Diversity, Restricting Competition, Ran Hirschl, Ayelet Shachar

Cardozo Law Review

No abstract provided.

Assessment Officer - Dan Region V. Vered Peri, Eliezer Rivlin, Elyakim Rubinstein, Edna Arbel, Miriam Naor, Esther Hayut

Translated Opinions

Facts: The respondent (the counter-appellant) is the mother of two children, and a lawyer in private practice. The respondent requested to deduct from her taxable income expenditures for her children’s pre-school and day care, as well as payments for afternoon day care for her daughter after she began attending elementary school. The respondent did not request a tax deduction for clubs that the children participated in during the afternoon, nor for day camps during the vacation summer months when the day care center was closed. The respondent argued that had her two children not been looked after in these …

New Family V. Minister Of Labor And Welfare, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

Facts:     The institution of intercountry adoption of children in Israel, i.e. the adoption in Israel of children from abroad, is regulated by the Adoption of Children (Amendment no. 2) Law, 5756-1996.  By virtue of his authority under this Law, the Minister of Labor and Welfare has issued “Rules and Professional Guidelines for the Operation of a Recognized Non-Profit Organization”, rule 4(b)(1) of which states that a person wishing to adopt a child in the framework of an intercountry adoption will not be deemed eligible to do so if the age difference between himself and the child exceeds 48 years on …

Hamifkad Haleumi V. Attorney General, Miriam Naor, Edmond E. Levy, Dorit Beinisch, Esther Hayut, Ayala Procaccia, Asher Grunis, Salim Joubran

Translated Opinions

Facts: The petitioner is a private company working for the promotion of political program to solve the Israeli-Arab conflict. It applied to the respondents for permission to expose the public to the central principles of its political program by way of advertisements on television and radio. Due to the political contents of the advertisements the Authorities rejected the applications, relying on, respectively, Broadcasting Authority’s Rules - (Advertisements and Notifications on Radio) and the  Second Authority Rules (Ethics in Advertising in Radio Broadcast)  and (Ethics in Television Advertising) (hereinafter-the Rules).

The petitioner contested this refusal in the High Court of Justice, …

Louzon V. Government Of Israel, Dorit Beinisch, Asher Grunis, Miriam Naor

Translated Opinions

This Petition challenges the exclusion of the medication “Erbitux” among the state provided health services, which are publically funded. The medication Erbitux is a new drug for the treatment of colon cancer.

The Supreme Court, sitting as a High Court of Justice, held as following:

It is doubtful whether the demand for public funding of new medications may find a hold in the hard core of the constitutional rights detailed in the Basic Law. Even under a broad interpretive approach with expand the constitutional scope of the right to dignity beyond the necessary minimum in the context of welfare and …

Chim-Nir Flight Services V. Tel Aviv Stock Exchange, Edna Arbel, Eliezer Rivlin, David Cheshin

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 Petitioner is the holder of leasing rights on a real estate property, which is held in collateral by the Second and Third Respondent. According to the agreement between them, the payment for realizing the collateral will be divided in a portion of 75 per cent to the Second Respondent (HaPoalim Bank) and 25 per cent to the Third Respondent (Le’umi Bank). HaPoalim Bank …

A V. State Of Israel, Dorit Beinisch, Edmond E. Levy, 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.] 

Appeals challenging the decisions of the District Court who upheld the legality of the appellants’ arrests under the Internment of Unlawful Combatants Law 5762-2002 (hereinafter: the Act.) We are concerned with the private case of the appellants, residents of the Gaza Strip, who in 2002-2003 were arrested in an administrative arrest under the security legislation that applies in the strip, when as a result …

Haifa University V. Oz, Esther Hayut, Miriam Naor, Dorit Beinisch

Translated Opinions

Facts:  The petitioner employed respondents 1-3 (hereinafter – the respondents) as lecturers in the Theatre Department. Against the background of complaints concerning the management of the department, an Investigative Committee was established, which decided not to renew the employment of respondents 2-3 and to transfer respondent 1 to another department. The Regional Labour Court rejected the respondent's request to order the petitioner to provide them with all of the material relied upon by the Committee, including protocols and testimony, ruling that the material they had received sufficed to allow for an adequate response on the respondents' part to the claims. …

Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Cardozo Journal of International and Comparative Law

The article argues that the use of the Freedom of Information Act (FOIA) by illegal aliens to obtain necessary documents for their removal hearings is ineffective and unfair. The government withholds crucial information, such as asylum interview notes, under FOIA exemptions, particularly exemption (b)(5), which is intended for internal memos and attorney work product. This practice denies asylum seekers the ability to prepare their cases adequately, leading to unfair removal hearings and violating their due process rights. The author advocates for legislative reform to ensure fair access to information and a meaningful opportunity to be heard.

Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak

Cardozo Journal of International and Comparative Law

The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.

Promoting Equality After Genocide, Sheri P. Rosenberg

Articles

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …

Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield

Cardozo Journal of Equal Rights & Social Justice

The article examines the lessons learned from Hurricane Katrina, emphasizing that while natural disasters are inevitable, their impact can be significantly mitigated through improved planning, addressing social vulnerabilities, and learning from past failures. It argues that Katrina's devastating effects were exacerbated by existing social issues and inadequate preparedness, highlighting the need for comprehensive strategies to reduce future risks.

Mitigating Disaster: A Communitarian Response, Robert M. Ackerman

Cardozo Journal of Conflict Resolution

In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …

Introduction, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Agbar V. Idf Commander In Judaea And Samaria, Elyakim Rubinstein, Edmond E. Levy, Yoram Danziger

Translated Opinions

Facts: In 2007, an administrative detention order was made against the petitioner in HCJ 9441/07 on the ground that he was active in the Hamas organization and presented a threat to security in the territories. The order was made for six months and was subsequently renewed for an additional period of six months.

In 2006, an administrative detention order was made against the petitioner in HCJ 9454/07 on the ground that he was active in the Popular Front terrorist organization and presented a threat to security in the territories. The order was made for six months and was subsequently renewed …

Emunah V. Prime Minister, Ayala Procaccia, Asher Grunis, Edna Arbel

Translated Opinions

Facts: MK Ramon was convicted of committing an indecent act. According to statute, a person is barred from being a member of the Knesset or a cabinet minister only if he has been convicted of an offence involving moral turpitude and is given a custodial sentence. The court that sentenced MK Ramon did not give him a custodial sentence and it held that the offence did not involve moral turpitude.

Shortly after serving the sentence of community service, MK Ramon was appointed a member of the government with the position of Deputy Prime Minister. The appointment was approved by the …

Kav Laoved V. National Labour Court, Eliezer Rivlin, Dorit Beinisch, Edmond E. Levy, Asher Grunis, Miriam Naor, Edna Arbel, Esther Hayut, Salim Joubran, Ayala Procaccia

Translated Opinions

Facts: Palestinian workers filed claims in the Labour Courts against their Israeli employers with regard to their employment in the Israeli enclaves in Judaea and Samaria. These claims gave rise to the question whether these employment relationships were governed by Israeli law or by the local law of Judaea and Samaria, which is Jordanian law, the significance of this question being that Israeli law grants workers more rights and protection than Jordanian law.

The National Labour Court held on appeal that in the absence of any stipulation on this issue in the employment contracts, these employment relationships were governed by …

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

Yassin V. Government Of Israel, 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 under the Contempt of Court Ordinance, based on the argument that despite the long period of time that had elapsed since the hand down of the decision in HCJ 8414/05, Yassin v. The State of Israel (April 9, 2007), where the High Court of Justice ordered the Respondents to change the path of the security fence in the Bilin Area, in a …

Abu-Madigam V. Israel Land Administration, Salim Joubran, Edna Arbel, Miriam Naor

Translated Opinions

Facts: In response to large scale incursions onto state land in the Negev by Bedouins and their planting of agricultural crops on that land, the respondents decided to destroy the crops by spraying herbicide from the air. The petitioners challenged this policy on the grounds that the spraying of herbicide was done ultra vires and also endangered the health and dignity of Bedouins in the vicinity of the spraying. The respondents denied that the herbicide used presented any risks to health.

Held: (Justice Joubran) The respondents have no power under the law to spray herbicide in order to prevent incursions …

The Group Dynamics Theory Of Executive Compensation, Michael B. Dorff

Cardozo Law Review

No abstract provided.

The Bioethics Of Prospective Parenthood: In Pursuit Of The Proper Standard For Gatekeeping In Infertility Clinics, Richard F. Storrow

Cardozo Law Review

No abstract provided.

Winning The Battle, But Perhaps Losing The War: Endorsing Deregulation Of Emergency Contraception At The Expense Of Derogating Abortion, Melissa Bond

Cardozo Journal of International and Comparative Law

No abstract provided.

The Safety Net Revisited? The Continuing Impact Of Welfare Reform In New York City And Nationwide, Laura R. Goldin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.

Mayor Of Ad-Dhahiriya V. Idf Commander In West Bank, Aharon Barak, Dorit Beinisch, Eliezer Rivlin

Translated Opinions

Facts: The petitioners challenged the construction of a concrete barricade, with a height of 81 centimetres, along a section of road in the south of Mount Hebron in the territory of Judaea and Samaria. The respondents argued that the barricade was required for security purposes. The petitioners argued that it impeded the movement of pedestrians and animals.

Held: The concrete barricade was disproportionate, since it was not the least harmful measure that was capable of achieving the security purpose. A metal barricade, which would allow livestock to pass underneath and would make it easier for people to climb over, would …

Majority Camp V. Israel Police, Aharon Barak, Miriam Naor, Elyakim Rubinstein

Translated Opinions

Facts: The petitioners applied to the first respondent to hold a demonstration in Tel-Aviv supporting the government’s disengagement plan. The first respondent imposed various conditions upon the holding of the demonstration, including demands that the petitioners should arrange to have security, first aid and fire extinguishing services present at the demonstration. The second and third respondents demanded payment from the petitioners for providing the first aid and fire extinguishing services. The petitioners challenged the legality of the demands made by the first, second and third respondents, arguing, inter, alia, that the fourth respondent should be liable to pay the …

State Of Israel V. Beer-Sheba District Court, Dorit Beinisch, Ayala Procaccia, Edmond E. Levy, Aharon Barak, Eliezer Rivlin, Asher Grunis, Miriam Naor

Translated Opinions

Facts: In 1976 the Supreme Court held in Kinsey v. State of Israel that when two accomplices are prosecuted in separate trials, one (the ‘witness-accomplice’) should not be called to testify against the other (the ‘defendant’) until the witness-accomplice’s own trial has ended. This became known as the Kinsey rule. Thirty years later, the court is being requested to reconsider the Kinsey rule.

Held: The Kinsey rule, which was originally intended as a rule of proper practice, became over the years a binding rule from which the courts rarely departed. The court recognizes that the rule in its all-encompassing scope …

Panel Report: Secret Evidence In The Investigative Stage: Fisa, Administrative Subpoenas, And Privacy, Jameel Jaffer

Cardozo Public Law, Policy & Ethics Journal

The article examines the increasing reliance on foreign intelligence surveillance tools, such as the Foreign Intelligence Surveillance Act (FISA) and National Security Letters (NSLs), highlighting the tension between national security and civil liberties. It argues that the expansion of these tools under the Patriot Act has raised significant privacy concerns and questions about the adequacy of judicial and public oversight.

Beilin V. Prime Minister, Dorit Beinisch, Edna Arbel, Ayala Procaccia

Translated Opinions

Facts: On 12 July 2006, the Hezbollah organization carried out an offensive operation inside the territory of Israel, as a result of which eight Israel Defence Forces (IDF) soldiers were killed and two other soldiers were kidnapped and taken over the border into Lebanon. In response, the IDF began military operations in Lebanon, and the State of Israel was attacked at the same time with thousands of missiles and Katyusha rockets, which caused death and injuries to dozens of Israeli citizens in the north of Israel, as well as substantial damage to property.

The petitioners argued that the government was …