Constitutional Law Commons^™

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

Articles

No abstract provided.

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

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

Articles

No abstract provided.

Alamarin V. Idf Commander In Gaza Strip, Gavriel Bach, Shlomo Levin, Mishael Cheshin

Translated Opinions

Facts: The son of the petitioner was arrested by the police after the murder of fifteen-year-old Helena Rapp. He confessed to the murder, and in his statement to the police he said that he decided to kill the girl because he did not have work.

Following the murder, the respondent decided to exercise his authority under the Defence (Emergency) Regulations, 1945, under which he is authorized to destroy a building inhabited by a person who committed an offence involving violence, and he ordered the destruction of the house where the murderer lived, namely the house of the petitioner.

In the …

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Open Justice In A Closed Legal System?, Bernhard Schlink

Cardozo Law Review

No abstract provided.

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.

Sanctioning Voice: Quotation Marks, The Abolition Of Torture, And The Fifth Amendment, Margreta De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland

Cardozo Journal of International and Comparative Law

The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …

Refocusing The New Evidence Scholarship, Terence J. Anderson

Cardozo Law Review

No abstract provided.

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.

Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein

Cardozo Law Review

No abstract provided.

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Cardozo Law Review

No abstract provided.

Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner

Cardozo Law Review

No abstract provided.

Scalia And The Dormant Commerce Clause: A Foolish Formalism?, Mark V. Tushnet

Cardozo Law Review

No abstract provided.

Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld

Articles

The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.

A Proposal To Curb Congressional Interference With The National Endowment-For The Arts, Nancy Ravitz

Cardozo Arts & Entertainment Law Journal

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.

The Doctrine Of Elections: Has The Need To Choose Been Lost?, Douglas R. Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman

Articles

In this article, Professor Sterk and Ms. Goldman examine the efficacy of constitutional debt limitations as a method of controlling the incurrence of public debt. In examining the historical development of such limitations, the authors conclude that they are responses to perceived deficiencies in the legislative process rather than reactions to specific instances of legislative abuse. The authors determine, however, that courts have transformed absolute constraints on legislative power to incur debt into more flexible limitations that leave the judiciary with a substantial role in determining the fate of proposed borrowing schemes. Moreover, the authors found that few states revised …

Nevo V. National Labour Court, Gavriel Bach, Shoshana Netanyahu, Ariel Hanoch

Translated Opinions

Petitioner, Dr. Naomi Nevo, was employed for many years by the Jewish Agency for Israel as a sociologist. On reaching the age of 60, she received a notice from her employers that she was to retire on pension, in accordance with the provision in the Pension Rules relating to Jewish Agency employees. This stated that the retirement age for men was 65 and for women 60.

Petitioner brought an action in the Regional Labour Court asking for a declaration that the above provision was void as being discriminatory. Her action was dismissed and so was her appeal to the National …

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.

A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler

Cardozo Law Review

No abstract provided.

Speaking And Writing Against Hate, Martha Minow

Cardozo Law Review

No abstract provided.

On The Critical Tribunal, Stephen Watson

Cardozo Law Review

No abstract provided.

The Ideality Of Difference: Toward Objectivity In Legal Interpretation, Alan Brudner

Cardozo Law Review

No abstract provided.