Administrative Law Commons^™

Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster

Cardozo Law Review

No abstract provided.

The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons

Cardozo Law Review

This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.

John D. Appel, Leslie Berman

Cardozo Law Review

No abstract provided.

Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

Articles

No abstract provided.

Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz

Articles

No abstract provided.

Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz

Cardozo Law Review

No abstract provided.

Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos

Cardozo Law Review

No abstract provided.

The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Shalit V. Peres, Meir Shamgar, Aharon Barak, Eliezer Goldberg

Translated Opinions

The combined petitions in this case raise a single issue, i.e., whether agreements concluded between Knesset factions with a view to the establishment of a coalition government (referred to hereafter as "coalition agreements") are required to be brought to the attention of the public.

In view of Israel's electoral system, resulting invariably in the representation in the Knesset of a large number of factions and the consequent need to establish coalition governments, the question is of considerable practical importance, and coalition agreements are indeed a regular feature in the process of formation of governments.

Attorney for the Likud faction argued …

The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz

Articles

The Clean Air Act was the product of a spasm of extraordinary political unanimity. Its actual implementation, however, has been divisive and controversial from the start. For two decades now, politicians, members of the regulated community, environmental activists, and academics have been debating whether the Act represents a rational investment (current expenditures for air pollution control are generally estimated at something above thirty billion dollars), uses optimal or even sensible regulatory mechanisms, or has accomplished anything at all.

Universal City Studios V. Films And Plays Censorship Board, Meir Shamgar, Aharon Barak, Shlomo Levin, Eliezer Goldberg, Yaakov Malz

Translated Opinions

The Films and Plays Censorship Board decided to prohibit the screening in Israel of the film "The Last Temptation of Christ" on the ground that it was calculated to offend the religious susceptibilities and beliefs of the Christian communities in Israel, and to cause injury to the State of Israel.

The producers of the film and its distributors petitioned the High Court of Justice for an order nisi against the Board, which was granted. On allowing the petition and making the order nisi absolute, the High Court held as follows:

1. The point of departure for examining the legality of …

Schnitzer V. Chief Military Censor, Aharon Barak, Yaakov Malz, Shulamit Wallenstein

Translated Opinions

The Petitioners sought to publish a newspaper article that was critical of the outgoing head of the Mossad, the Agency for Intelligence and Special Duties, on the occasion of the forthcoming appointment of a new Mossad head. The article did not mention his name or otherwise identify him. After several versions of the article were submitted for approval to the first Respondent, the Chief Military Censor, and after the Petitioners agreed not to publish certain parts of the article, the Censor forbade the publication of two matters: criticism of the head of the Mossad's effectiveness, on the ground that such …

Shnitzer V. Chief Military Censor, Aharon Barak, Yaakov Melitz, Shulamit Wallenstein

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 the decision by the First Respondent to prohibit, under its authority according to Regulation 87(1) of the Defense Regulations (State of Emergency) 1945, the publication of a newspaper article criticizing the functioning of the Director of the Institute for Intelligence and Special Operations (the “Mossad”,) while noting the upcoming change in Mossad directors. After submitting to the First Respondent different versions …

Kach V. Central Election Committee For The Twelfth Knesset, Meir Shamgar, Menachem Elon, Moshe Bejski, Dov Levin, Shlomo Levin

Translated Opinions

The Appeal revolved around the decision of the Central Election Committee for the Twelfth Knesset, under its authority according to section 63 of the Knesset Elections Act [Consolidated Version] 1969, that the “Kach” List be barred from participating in elections to the Knesset, under section 7A of Basic Law: The Knesset. The Appellant’s argue that section 7A, which was added to Basic Law: The Knesset is invalid for the following reasons: it is inconsistent with the principle of equality as established by section 4 of Basic Law: The Knesset; it is an extreme divergence from the principles of democracy and …

Shakdiel V. Minister Of Religious Affairs, Menachem Elon, Aharon Barak, Miriam Ben-Porat

Translated Opinions

The Jewish Religious Services Law provides for the establishment of local religious councils throughout the country, charged with the duty to provide Jewish religious services and to allocate public funds in support of such religious services, as are needed in the area. By Law, the membership of such councils is to reflect the general public desire and need for the distribution of such religious services in the locality and the range of interest in such services. In determining the Council's make-up, attention must be given to the different groups represented in the Local or Municipal Council and to their respective …

Complex Tradeoffs In Patent Antitrust Law: A Comment On Millstein, F. M. Scherer

Cardozo Law Review

No abstract provided.

The Appropriate Enforcement Role Of The Government Antitrust Agency, Sanford M. Litvack

Cardozo Law Review

No abstract provided.

Communications Policy-Making At The Fcc: Past Practices, Future Direction, Stuart N. Brotman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cost-Benefit Analysis And The Determination Of Legal Entitlements: A Reply To Professor Carlson, Richard S. Markovits

Cardozo Law Review

No abstract provided.

Amit V. Southern District Police Commander, Aharon Barak, Dov Levin, Shoshana Netanyahu

Translated Opinions

The Petition centred on the Respondent's refusal to permit the Petitioners - who petitioned the Court on behalf of the "Committee Against the War in Lebanon" - to hold a demonstration and procession to mark the thirtieth day of the death of the late Emil Greenzweig, who had been killed in the course of a demonstration held by the "Peace Now" movement. The Police Commissioner's reasons for his refusal were his apprehension, that what had happened before in the demonstration held by "Peace Now" was likely to happen again, and that if it did, the police would be unable to …

Levi V. Commander Of The Southern District Of The Israeli Police, Aharon Barak, Dov Levin, Shoshana Netanyahu

Translated Opinions

The Petition centred on the Respondent's refusal to permit the Petitioners - who petitioned the Court on behalf of the "Committee Against the War in Lebanon" - to hold a demonstration and procession to mark the thirtieth day of the death of the late Emil Greenzweig, who had been killed in the course of a demonstration held by the "Peace Now" movement. The Police Commissioner's reasons for his refusal were his apprehension, that what had happened before in the demonstration held by "Peace Now" was likely to happen again, and that if it did, the police would be unable to …

M.K. Sarid V. Chairman Of The Knesset, Aharon Barak, Dov Levin, Miriam Ben-Porat

Translated Opinions

On December 1, 1981, the Alignment group in the Knesset submitted a motion of no confidence in the government. The Knesset Chairman (Speaker) set the following day, December 2, as the time for the debate and vote on the motion, and fixed the time for the opening of the session at 5 p.m. The Petitioner seeks an order nisi against the Chairman to show cause why he should not convene the Knesset session at its regular hour, 11 a.m. He contends that this is the hour at which Knesset sessions have always begun and that the Chairman fixed the time …

Generic Copies: Are They "New Drugs"?, Cheryl Spector

Cardozo Law Review

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

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 …

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 …

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 …

Bohakov V. The Mayor, Council, & Inhabitants Of Herzlia, Eliyahu Manny, Binyamin Halevy, Yitzhak Olshan

Translated Opinions

Under a road construction scheme. the local authority planned to construct a road across the appellant's land. Notice was sent to the latter, asking him to vacate the land affected and move the fences and that in default the local authority would do so at his expense. The appellant refused to comply and informed the respondent that he would deny it and its agents access to the land. Some days afterwards, local authority employees tore down the fences involved, uprooted trees and began to lay a road close to the appellant's dwelling. The appellant called the police who did not …

El-Saruji V. Minister Of Religious Affairs And The Moslem Council, Moshe Landau, Moshe Silberg, Zvi Berinson

Translated Opinions

The petitioners complained generally of the alleged interference of the Minister of Religious Affairs in matters affecting the Moslem Community of Acre and more particularly of the activities and powers of the local Moslem council appointed by the Ministry.

Held. The departure from the country of Moslem leaders and officials as a result of the events of 1948 had led to a complete collapse of all Moslem institutions and their ceasing to function. In order to remedy the situation and recreate these institutions the Ministry had not proceeded under any express statutory provision but by virtue of general power vested …

Abudi V. Minister Of Religion, Moshe Silberg, Alfred Witkon, Haim Herman Cohn

Translated Opinions

Upon the death of Chief Rabbi Herzog, an Election Committee of eight members was nominated under the Regulations to appoint and convene an Electoral Assembly. Half of the Committee was nominated by the Rabbinical Council in January 1960 and half by the Minister of Religions in June 1960. The first meeting of the Committee was convened by the Minister in July 1960, notwithstanding the claim of the Rabbinical Council that the invitation should be a joint one. In consequence, the four Council members refused to attend but subsequently one of them, Rabbi Abu Revia, relented. Thereupon the other three tendered …