Constitutional Law Commons^™

Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida

Cardozo Law Review

No abstract provided.

Resisting Theory, Jonathan Culler

Cardozo Law Review

No abstract provided.

Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin

Cardozo Law Review

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 …

From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder

Cardozo Law Review

No abstract provided.

Imprisoned For Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, David Rudenstine

Cardozo Law Review

No abstract provided.

Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner

Cardozo Law Review

No abstract provided.

Whose Womb Is It Anyway: Are Paternal Rights Alive And Well Despite Danforth?, Ruth H. Axelrod

Cardozo Law Review

No abstract provided.

This Is The Picture-If You Don't Like It, Turn It Off: The Futility Of Setting Cable Specific Obscenity Standards, Michael Bauman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is This The End Of American Indian Site Specific Free Exercise Claims?: Lyng V. Northwest Indian Cemetery Protection Association, Joseph Tomkiewicz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When Sovereigns Collide: Why America's Figure Skating Competitors Are The Ultimate Losers Under The Amateur Sports Act Of 1978, Jonathan S. Fishbein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies

Cardozo Law Review

No abstract provided.

Association For Civil Rights V. Central District Commander, Meir Shamgar, Menachem Elon, Shulamit Wallenstein

Translated Opinions

Regulation 119 of the Defence (Emergency) Regulations 1945 authorizes a Military Commander to order the forfeiture and destruction or sealing of any house from which gun fire has issued or explosive or incendiary material was thrown unlawfully, and of any house in an area or village residents of which violated the Emergency Regulations involving violence or intimidation. These regulations, including the said Regulation 119, were promulgated by the British Mandate during the period of its rule in Palestine.

Regulation 119 continues to be in force in Israel by virtue of section 11 of the Law and Administration Ordinance enacted by …

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 …

Inventing Judicial Review: Israel And America, Robert A. Burt

Cardozo Law Review

No abstract provided.

Decoding Richmond: Affirmative Action And The Elusive Meaning Of Constitutional Equality, Michel Rosenfeld

Articles

The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the …

Abstract Right And The Possibility Of A Nondistributive Conception Of Contract: Hegel And Contemporary Contract Theory, Peter Benson

Cardozo Law Review

No abstract provided.

The Obscenity Exception: Abusing The First Amendment, Simon Roberts

Cardozo Law Review

No abstract provided.

Judge Richard Posner's Wealth Maximization Principle: Another Form Of Utilitarianism?, Robin F. Grant

Cardozo Law Review

No abstract provided.

Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl

Cardozo Law Review

No abstract provided.

Section 1983 And The Due Process Clause: Crossing The Constitutional Line, Linda G. Gay

Cardozo Law Review

No abstract provided.

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 …

More Than A Mouthful: Libel And The Restaurant Review, Amy G. Borress

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Child Porn Myth, Lawrence A. Stanley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Nollan, Henry George, And Exactions, Stewart E. Sterk

Articles

The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …

Prior Representation And The Duty To Inquire: Breaching New York's "Once-An-Attorney" Rule, Rick B. Antonoff

Cardozo Law Review

No abstract provided.

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 …

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.