Constitutional Law Commons^™

Barzilai V. Government Of Israel, Meir Shamgar, Aharon Barak

Translated Opinions

The petitions to the court related to the decision of the President of the State to pardon the Head of the General Security Service (G.S.S.) and three of his assistants in respect of all the offences attributed to them connected with the incident known as "bus no. 300". The pardons were granted by the President under sec. 11 (b) of the Basic Law: The President of the State, by which he is empowered "to pardon offenders and to lighten penalties by the reduction or commutation thereof." The principal issue raised in the petitions was whether the President had the power …

Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine

Articles

The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.

The Exclusionary Rule: A Disputation, Peter Lushing

Cardozo Law Review

Four-thirty p.m.: the lawyer's decompression hour. Court has just adjourned. The belligerents and (dare we say it) a judge or two recuperate in saloons close by the courthouse; their families can wait. In one tavern, a rear booth is about to be occupied by Mark earnest young county prosecutor. Mark is on the verge of that time when a criminal lawyer begins to doubt the sanity of the system and, perforce, his own integrity. He will be joined by Sam, a born defense counsel. Sam secretly worships America's criminal justice system for its holy commitment to procedural regularity. He has …

Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa

Cardozo Law Review

No abstract provided.

Searching For The Status Quo, Jeremy Paul

Cardozo Law Review

No abstract provided.

Neiman V. Chairman Of The Elections Committee, Meir Shamgar, Miriam Ben-Porat, Aharon Barak, Menachem Elon, Moshe Bejski

Translated Opinions

The Knesset Elections Law establishes a Central Elections Committee, to which are submitted the various proposed candidates lists that wish to participate in the Knesset elections. The Committee reviews the lists to ascertain that they conform to the requirements of the Law, approves such lists as comply and disqualifies any list that does not comply, supervises the conduct of the election campaign and the elections themselves, rules on various issues that arise during the campaign and during the elections and certifies the results of the voting. The Committee is comprised of representatives of the party lists that are represented in …

Cablespeech For Whom?, Mark S. Nadel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Jury Trial Right Under Title Vii: The Need For Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, Lisa S. Presser

Cardozo Law Review

No abstract provided.

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.

Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel

Cardozo Law Review

No abstract provided.

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Temple Mount Loyalists Society V. Police Commander Of The Jerusalem Region, Aharon Barak, Shlomo Levin, Hannah Evenor

Translated Opinions

The petition concerned the Respondent’s refusal to permit the Petitioners to pray beside the western entrance to the Temple Mount (the Mughrabi Gate) on Jerusalem Day, out of concern that conducting prayer at that particular site would lead to a breach of public order.

The High Court of Justice held:

A. (1) The right to assemble and demonstrate is a basic human right in Israel. It is not an absolute right, but rather a relative right, and when it comes into conflict with other rights or interests, it must, at times, retreat in accordance with an appropriate balancing formula.

(2) …

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 …

Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine

Cardozo Law Review

No abstract provided.

The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler

Cardozo Law Review

No abstract provided.

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

M.K. Rubinstein V. Chairman Of The Knesset, Shlomo Levin, Yitzhak Kahan, Aharon Barak, J. Sheinbaum, Meir Shamgar

Translated Opinions

The Elections Financing Law set limitations on the amounts which the various party groups were allowed to spend. as a condition of their obtaining public funding of their election expenses. A party that exceeded the established amounts, was denied part of such public funding. to an extent determined by the degree of such excess.

In the course of the elections for the tenth Knesset, in 1981, several party groups exceeded these limits, some by substantial amounts After the elections, the Knesset amended the above Law, retroactively, raising the allowable spending limits and reducing the sanctions applicable to those parties which …

Harold M. Hyman & William M. Wiecek: Equal Justice Under Law: Constitutional Development 1835-1875, Lawrence Fleischer

Cardozo Law Review

No abstract provided.

Institutional Injunctions, David Rudenstine

Cardozo Law Review

No abstract provided.

Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman

Cardozo Law Review

No abstract provided.

How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg

Articles

The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.

The Iranian Litigation: Implications For American Business Interests, Charles G. Labella

Cardozo Law Review

No abstract provided.

A Statutory Proposal For Case-By-Case Congressional Waiver Of The Speech Or Debate Privilege In Bribery Cases, David M. Lederkramer

Cardozo Law Review

No abstract provided.

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …

Agudat Derekh Eretz V. Broadcasting Authority, Moshe Landau, Aharon Barak, Meir Shamgar, Moshe Bejski, Miriam Ben-Porat

Translated Opinions

The Elections (Modes of Propaganda) Law, 1959, provides free radio and television broadcasting time for each of the party lists participating in the Knesset elections. Until 1981, that Law provided that each such party shall receive 25 minutes on the radio and 10 minutes on television, and that each party represented in the outgoing Knesset shall receive an additional four minutes radio time and four minutes television time in respect of each of its members in the outgoing Knesset. An amendment of that Law in 1981 reduced the time allotted to each party participating in the election to 23 minutes …