Administrative Law Commons^™

Delegation And Democracy: Comments On David Schoenbrod, Peter H. Schuck

Cardozo Law Review

No abstract provided.

Representation And Nondelegation: Back To Basics, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil

Cardozo Law Review

No abstract provided.

Judicial Review, Michael Herz

Articles

No abstract provided.

Rubinstein V. The Minister Of Defense, Aharon Barak, Shlomo Levin, Theodor Or, Eliahu Mazza, Itzchak Zamir, Dalia Dorner, Jacob Turkel, Dorit Beinisch, Izhak Englard, Mishael Cheshin, Tova Strasberg-Cohen

Translated Opinions

Facts: The petitioners, Members of Knesset, reserve military officers, and student organizations, challenged a practice in which the Minister of Defense routinely grants deferrals of and exemptions from required military service to ultra-Orthodox Jewish Yeshiva students who engage in full-time religious study. They claim the exemptions, granted to an ever-growing percentage of enlistment candidates (8% in the year 1997), violate the principle of equality, exceed the zone of reasonableness, and are disproportionate.  They further claim that the Minister of Defense lacks the authority to regulate the matter, and that it must be done so via legislation.

Held:  The Knesset, not …

Speculating About The Next Administrative Conference: Connecting Public Management To The Legal Process, Paul R. Verkuil

Articles

The article advocates for the establishment of a new initiative inspired by the legacy of the Administrative Conference of the United States (ACUS) to address the need for improved public management in the federal system. It proposes a reimagined organization that would bridge the gap between legal processes and management issues, fostering a unified approach to public management. The new initiative would build on the strengths of the ACUS, such as its ability to facilitate dialogue between public and private sectors, while overcoming its limitations, including a narrow focus on legal procedures. The article emphasizes the importance of connecting legal …

Conterm Ltd. V. Finance Ministry, Itzchak Zamir, Aharon Barak, Mishael Cheshin

Translated Opinions

Facts: The petitioner acquired a license from the Customs Authority to operate a licensing warehouse on land in dispute between it and the Port and Train Authority. The Customs Authority asked for proof that the petitioner had a right in the land, as required by the regulations, and in return it received an agreement that did not appear to address such a right. The Customs Authority granted the license anyway. When it became aware of the dispute over the land, it refused to renew the license. The central question is whether the petitioner had a duty to disclose the existence …

Understanding The "Public Interest" Justification For Government Actions, Paul R. Verkuil

Articles

The article examines the concept of "public interest" as a justification for government actions, arguing that while the term has historically been a cornerstone of administrative law, its meaning has become increasingly ambiguous and subjective over time. The author traces the evolution of the public interest standard, from its origins in the New Deal era to its current use, and questions whether it can still serve as an objective standard for evaluating government behavior. The analysis highlights the tension between the public interest as a justification for government action and its susceptibility to political and bureaucratic influence.

Regulation Of Media Ownership And Pluralism In Europe: Can The European Union Take Us Forward?, Gillian Doyle

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Articles

No abstract provided.

Her Majesty The Queen In Right Of Canada V. Edelson, Aharon Barak, Eliahu Mazza, Tova Strasberg-Cohen

Translated Opinions

Facts: Respondents leased a house to the appellant, a foreign sovereign. The house was to serve as the residence of the Canadian ambassador to Israel. The parties disputed the right of the appellant to exercise his option to extend the lease. The magistrate court, in a declaratory judgment, rejected the appellant's claim of absolute immunity, held that the lease had ended, and ordered the appellant to vacate the property. The district court upheld the decision of the magistrate court. Appellant appealed to the Supreme Court.

Held: The Supreme Court held that a foreign sovereign enjoys only relative immunity, and not …

Horev V. Minister Of Transportation, Aharon Barak, Theodor Or, Mishael Cheshin, Shlomo Levin, Eliahu Mazza, Dalia Dorner, Tzevi Eliyahu Tal

Translated Opinions

Facts: The Minister of Transportation, assuming the powers of the Traffic Controller, ordered the closure of Bar-Ilan Street in Jerusalem to motor traffic on Sabbaths and Jewish holidays during hours of prayer. Petitioners are secular residents of the area and representatives of the secular population in Jerusalem, who claim that the decision of the Minister infringes their right to freedom of movement. One petitioner—the Association for the Rights of the Religious Community in Israel—counter-petitioned that Bar-Ilan should be closed to motor traffic for all hours on the Sabbath and Jewish holidays.

Held: The Court held that the Traffic Controller was …

Minority Protection In Residential Private Governments, Stewart E. Sterk

Articles

The article explores the balance between majority rule and minority protections in community associations, drawing parallels with corporate governance to address conflicts and self-dealing issues. It argues that while market forces and self-interest often mitigate harmful majority actions, legal safeguards are necessary to protect minority interests, particularly when idiosyncratic value is at stake. The article advocates for express protections in governing documents and the use of supermajorities to limit association power, emphasizing that courts should invalidate redistributive actions without compensation.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Station Film Co. V. The Film Review Board, Aharon Barak, Eliahu Mazza, Mishael Cheshin

Translated Opinions

Facts: Respondent no. 1 decided to allow the screening of the film "L'Empire Des Sens," on the condition that several scenes be omitted from the film, and that the film only be shown to adults. According to respondent no. 1, these scenes were of a pornographic nature, and there was a near certainty that screening these parts of the film would cause serious, grave and severe harm to societal sensibilities and public morality. Petitioner accepted that the film could only be shown to adults. In this petition, it contests the deletion of the omitted scenes, except for scenes …

The Red Lion Of Cable, And Beyond?-Turner Broadcasting V. Fcc, Laurence H. Winer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan

Cardozo Journal of Equal Rights & Social Justice

The note argues that the current regulatory distinctions between broadcast and cable television in the United States are outdated and should be unified to better protect children from indecent content while respecting adult First Amendment rights. It proposes adopting a consistent "safe harbor" provision for both broadcast and basic cable television, combined with the use of the V-chip technology, as a constitutionally sound and less restrictive means of achieving the government's dual objectives of supporting parental authority and safeguarding children's well-being.

A Public Choice Model Of International Economic Cooperation And The Decline Of The Nation State, Enrico Colombatto, Jonathan R. Macey

Cardozo Law Review

The idea of the state lies at the core of international relations and international law. The concept of sovereignty is also central to the notion of the state. Indeed, inherent in the existing system of states are the principles of political independence and sovereign equality that form the underpinnings of sovereignty.

Miller V. Minister Of Defence, Eliahu Mazza, Dalia Dorner, Tova Strasberg-Cohen, Yaakov Kedmi, Tzevi Eliyahu Tal

Translated Opinions

Facts: The petitioner asked the army to assign her to the air force for training as a pilot. The army refused, since it was established policy not to train women as pilots. The army’s reasoning was based on the length of service: by law, men are obliged to serve until the age of 54, whereas women are only obliged to serve until the age of 38, and they are exempt if they are pregnant or have children. Consequently, the army argued, the huge investment involved in training a pilot could not be justified for women, and planning for the deployment …

Attorney General V. National Labour Court, Dov Levin, Mishael Cheshin, Tzevi Eliyahu Tal

Translated Opinions

Facts: The second petitioner, the Bezeq Corporation, had a monopoly in the field of providing telephone services in Israel. When the Government decided to allow competition in this field, the General Federation of Labour feared that the restriction of the monopoly would affect the jobs and rights of Bezeq’s employees, and it therefore gave notice of a strike. The petitioners applied to the Regional Labour Court for an injunction against the strike. The injunction was given, but the National Labour Court overturned it on appeal. The petitioners then petitioned the High Court of Justice to set aside the judgment of …

Broadcast Self-Regulation: The Nab Codes, Family Viewing Hour, And Television Violence, Mark M. Maccarthy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, Jason A. Lief

Cardozo Law Review

Is there a place upon this globe where one may escape the drone of our industrial beehive and bask in calm tranquility? Thoreau observed that the "mass of men lead lives of quiet desperation." Paradoxically, the source of that quiet desperation often is uncontrollable environmental noise. Even within the ,home, the one supposed sanctuary from the world's evils, unwanted noise invades lives and disrupts serenity. Although noise is not a new problem for mankind, its magnitude has changed over time. Today's "speaking trumpets" do indeed "have a power unknown to a simpler age." Amplified sound can be a weapon, as …

Israel Women’S Network V. Government Of Israel, Eliahu Mazza, Itzchak Zamir, Yaakov Kedmi

Translated Opinions

Facts: In 1993, the Government Corporations Law was amended, and s. 18A was added. This section provides that the boards of directors of Government corporations shall have equal representation of men and women, and until such time as this goal is achieved, members of the underrepresented sex should be appointed, ‘to the extent that circumstances allow’ (affirmative action).

After the new section came into effect, and despite the new section, men were appointed in two cases by Government ministers to boards of directors of Government corporations, on which there were no women directors.

The petitioner argued that the appointments were …

Apple Of Gold: Constitutionalism In Israel And The United States, Michel Rosenfeld

Articles

No abstract provided.

Dayan V. Wilk, Aharon Barak, Shlomo Levin, Eliezer Goldberg

Translated Opinions

Facts: The petitioner applied for a permit to hold an assembly directly outside the home of Rabbi Ovadya Yosef, spiritual leader of the Shas political party. The District Commissioner of Police refused the permit, because it would violate the rights of privacy of the rabbi, his family and his neighbours.

Held: It is necessary to balance the petitioner’s right to freedom of assembly against the right of privacy of the public figure, his family and his neighbours. According to Vice-President Barak, these rights are of equal importance: in principle there is a right to hold an assembly outside the private …

In Search Of Artistic Excellence: Structural Reform Of The National Endowment For The Arts, Elizabeth E. Degrazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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

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.

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 …

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 …