Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1201 - 1230 of 1297

Full-Text Articles in Constitutional Law

Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner Oct 1988

Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner

Cardozo Law Review

No abstract provided.


Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr. Oct 1988

Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.

Cardozo Law Review

No abstract provided.


Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


Ressler V. Minister Of Defence, Aharon Barak, Meir Shamgar, Miriam Ben-Porat Jun 1988

Ressler V. Minister Of Defence, Aharon Barak, Meir Shamgar, Miriam Ben-Porat

Translated Opinions

The question raised by this petition to the High Court of Justice involves the legality of the long-standing arrangement whereby students of Yeshivot (Talmudical colleges) are granted deferment of their military service for so long as they continue their full-time studies. This arrangement was instituted as long ago as 1948, and has been reconfirmed by successive Ministers of Defence and governments of Israel ever since. It has been tile subject of a number of earlier petitions to the High Court questioning its legality, all of which were dismissed.

 

The petitioners submitted that they were entitled to bring the question before …


Shakdiel V. Minister Of Religious Affairs, Menachem Elon, Aharon Barak, Miriam Ben-Porat May 1988

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 …


The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk May 1988

The Continuity Of Legislatures: Of Contracts And The Contracts Clause, Stewart E. Sterk

Articles

Legislatures change constantly. Each election brings new legislators and removes old ones. Those who remain are nevertheless affected by the changes in composition, and by other changes wrought by the passage of time. These changes in composition and changes in external stimuli inevitably produce pressure for changes in policy. And in a democratic system, legislatures are generally free to reverse or modify the policies of their predecessors.


The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross Apr 1988

The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross

Cardozo Law Review

No abstract provided.


Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver Mar 1988

Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver

Cardozo Law Review

No abstract provided.


Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson Mar 1988

Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson

Cardozo Law Review

No abstract provided.


The Politics Of The First Amendment, Steve Bachmann Jan 1988

The Politics Of The First Amendment, Steve Bachmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Pope V. Illinois: The Reasonable Person As The Supreme Court's Latest Arbiter Of Obscenity, Penny E. Paul Jan 1988

Pope V. Illinois: The Reasonable Person As The Supreme Court's Latest Arbiter Of Obscenity, Penny E. Paul

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Compelling Case Against Robert H. Bork, Stephen Gillers Oct 1987

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.


Robert H. Bork's Civil Rights Record, Gary B. Born Oct 1987

Robert H. Bork's Civil Rights Record, Gary B. Born

Cardozo Law Review

No abstract provided.


Preface, Monroe E. Price Oct 1987

Preface, Monroe E. Price

Cardozo Law Review

No abstract provided.


Foreword, David Rudenstine Oct 1987

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.


Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer Oct 1987

Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer

Cardozo Law Review

No abstract provided.


The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell Oct 1987

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Cardozo Law Review

No abstract provided.


The Bork Nomination, Ronald M. Dworkin Oct 1987

The Bork Nomination, Ronald M. Dworkin

Cardozo Law Review

No abstract provided.


The Paradox In Bork's Antitrust Paradox, Leonard Orland Oct 1987

The Paradox In Bork's Antitrust Paradox, Leonard Orland

Cardozo Law Review

No abstract provided.


Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony Oct 1987

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.


Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland Oct 1987

Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland

Cardozo Law Review

No abstract provided.


Nafsu V. Chief Military Advocate, Meir Shamgar, Eliezer Goldberg, Moshe Bejski May 1987

Nafsu V. Chief Military Advocate, Meir Shamgar, Eliezer Goldberg, Moshe Bejski

Translated Opinions

The appellant, an IDF officer holding the rank of lieutenant, was convicted by a special military court of treason under Section 43(7) of the Military Jurisdiction Law, 1955, and of aggravated espionage under Section 113(b) of the Penal Code, 1977. These accusations referred to the conveying of information on the IDF to the enemy, namely, to a Lebanese resident whose name is specified in the charge sheet and proved in court, and who on the relevant date, that is in 1979, was a senior commander in the Al-Fatah organization. The appellant was further convicted on two charges relating to the …


Citrin V. Disciplinary Court Of The Bar Association In The District Of Tel Aviv, Meir Shamgar Apr 1987

Citrin V. Disciplinary Court Of The Bar Association In The District Of Tel Aviv, Meir Shamgar

Translated Opinions

Facts: The two consolidated appeals requested the cancellation of fines imposed upon reporters who refused to reveal their sources of information upon being subpoenaed to testify before the District Disciplinary Court of the Israeli Bar Association. The main issue was whether the two reporters had an obligation to answer questions regarding their sources, or whether they enjoyed a privilege allowing them to refuse.

Held: The Court noted that there is no Israeli statute explicitly granting immunity to reporters and that such an immunity is not included in the 5731/1971 Evidence Ordinance, which does acknowledge other privileges. After considering the development …


The State Competition Debate In Corporate Law, Roberta Romano Mar 1987

The State Competition Debate In Corporate Law, Roberta Romano

Cardozo Law Review

No abstract provided.


Freedom Of Speech And Holocaust Denial, Gerald Tishler Feb 1987

Freedom Of Speech And Holocaust Denial, Gerald Tishler

Cardozo Law Review

No abstract provided.


Freedom Of Speech And Racism, David Kretzmer Feb 1987

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.


Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich Feb 1987

Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich

Cardozo Law Review

No abstract provided.


Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman Dec 1986

Orderlies In The Court? A Proposal For The Proper Designation Of Medical Malpractice Claims, Russell S. Schwartzman

Cardozo Law Review

No abstract provided.


Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky Dec 1986

Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky

Cardozo Law Review

No abstract provided.


On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks Oct 1986

On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks

Cardozo Law Review

No abstract provided.