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Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.

Survey Of The Literature: Commercial Speech And Commercial Speakers, Michael Feldman

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

Finberg V. Sullivan: Protecting Exempt Funds From Postjudgment Seizure, Eric M. Schmidt

Cardozo Law Review

No abstract provided.

Katlan V. Prison Service, Aharon Barak, Haim Herman Cohn, Moshe Landau

Translated Opinions

Facts: The Prison Service was struggling with the phenomena of drugs smuggling into the Ramla Detention Centre by inmates who swallowed drugs packages while outside the Centre. Prison authorities decided to deal with the matter by performing enemas on detainees. On July 31, 1979 the Prison Authority issued a directive regulating a policy of administering enema’s to detainees, where the warden of the Detention Centre established probable cause to suspect that the detainee was smuggling drugs inside his body. The procedure was to be performed discreetly in a manner consistent with all hygiene rules and medical guidelines. The directive allowed …

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

Dweikat Et Al. V. State, Moshe Landau, Alfred Witkon, David Bechor, Shelomo Asher, Miriam Ben-Porat

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.]

For this petition, we must consider the legality of establishing a civilian town (settlement) in Elon Moreh, on the outskirts of the city of Nablus, on land privately owned by Arab residents. On the morning of June 7, 1979, Israeli citizens, assisted by the IDF, began to settle on a hill east of the Jerusalem-Nablus road. The hill is entirely on rocky and undeveloped …

Sa'ar V. Minister Of The Interior, Aharon Barak, Moshe Landau, Meir Shamgar

Translated Opinions

The Petitioners applied to Respondent 2 for a permit to hold a procession in Jerusalem that would culminate in a demonstration in front of the Knesset. Respondent 2 denied the request. The Petitioners therefore petitioned the High Court of Justice. Prior to the hearing, the Respondents informed the Court that the permit was denied due to the fear that the procession would result in a breach of public order, violence, breach of the peace and unlawful action, but that the Respondents were willing to allow the Petitioners to hold a public assembly, without a procession, and not in the Knesset …

"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen

Cardozo Law Review

No abstract provided.

Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund

Cardozo Law Review

No abstract provided.

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.

Israel Electric Corp. V. Ha'aretz, Moshe Landau, Moshe Etzioni, Yitzhak Kahan, Miriam Ben-Porat, Meir Shamgar

Translated Opinions

This is a petition for rehearing of a civil action for defamation. A majority of the panel of five Justices of the Supreme Court reinstated the District Court's judgment in favor of the Plaintiffs. The majority of the Court held -

1.      The constitutional right to free speech does not enjoy a status that is superior to the citizen's right to the protection of his good name, rejecting the contrary position taken by the United States Supreme Court in New York Times v. Sullivan. The task is to find the proper accomodation between these interests, when they conflict with …

Ha'aretz Daily Newspaper Ltd. V. Israel Electric Corporation, Meir Shamgar, Zvi Berinson, Miriam Ben-Porat

Translated Opinions

This is an appeal from a judgment for the Respondents, the Plaintiffs in the lower court, in a civil action for defamation, based on an article published in the Defendant newspaper. During a period of national recession, the Plaintiff company, a public government corporation, purchased an expensive luxurious car for the use of its Director General, the second Plaintiff-Respondent, who was close to retirement. After considerable public criticism of the purchase, the Plaintiffs announced that the Director General would continue to use the old car he had previously used and that they would put the new car up for sale. …

Bergman V. Minister Of Finance, Moshe Landau, Shimon Agranat, Yoel Sussman, Zvi Berinson, Eliyahu Manny

Translated Opinions

Section 4 of Basic Law: The Knesset, requires that elections to the Knesset shall be "general, nationwide, direct, equal, secret and proportional". Sections 4 and 46 of this Law require that any amendment to section 4 be approved by an absolute majority of the Knesset. In 1969, the Knesset passed a Law providing public financing of the election campaign for the seventh Knesset, scheduled to be held in 1970. According to the provisions of this Law, which was not passed by an absolute majority, such funding is granted solely to party factions which are represented in the outgoing Knesset.

The …

Association Of Engineers And Architects In Israel V. Minister Of Labor, Yoel Sussman, Yitzhak Kister, Eliyahu Manny

Translated Opinions

The Engineers and Architects Law, 1958, established a procedure for the registration of engineers and architects. It also provided that the Minister of Labour may frame regulations, after consulting with the Council of Engineering and Architecture, reserving certain activities to registered engineers and architects, which would have the effect of forbidding others with less training and experience from engaging in such activities. The Minister published such regulations, after due consultation, but postponed the date of their implementation several times. The Petitioners complain that such delay of the implementation of the regulations is unlawful.

The court issued an order nisi, directing …

Yeredor V. Chairman Of The Central Elections Committee For The Sixth Knesset, Haim Herman Cohn, Shimon Agranat, Yoel Sussman

Translated Opinions

The Central Elections Committee for the Sixth Knesset refused to confirm the “Socialists’ List” because “this list of candidates is unlawful as its initiators deny the territorial integrity of the State of Israel and its very existence.” The material that was before the Committee clearly reflected that most of the candidates on the relevant list were members of the “El Ard” movement whose purposes were described by the Israeli Supreme Court as completely and absolutely denying the existence of the State of Israel in general, and its existence within its borders in particular.

In denying the appeal, the Supreme Court …

Gharis V. Haifa District Commissioner, Alfred Witkon, Moshe Landau, Zvi Berinson

Translated Opinions

The Petitioner sent the Respondent (the Haifa District Commissioner) notice of the establishment of an association named “The El-Ard Movement”, as required under secs. 2 and 6 of the Ottoman Associations Law, 1909. In his reply, the Respondent noted that it was clear from the articles of association that the association was established with the intent to harm the State of Israel, and is therefore prohibited under sec. 3 of the aforesaid law. The Petitioner filed a petition with the High Court of Justice for an order nisi against the Respondent.

In denying the petition, the Supreme Court held:

A. …

Beth Hananya V. Freidman, Zvi Berinson, Eliyahu Manny, Shimon Agranat

Translated Opinions

At a general meeting of the appellant society a resolution was adopted amending a certain provision of its constitution. The respondents, members of the society, sought a declaration that the resolution was void because wives of members had voted thereon although not formally members themselves. The appellant pleaded that the wives had been duly admitted to membership, that it was customary, as throughout the settlement movement, for wives to become members and that the respondents were estopped from denying such membership. The District Court granted the declaration claimed.

Held, granting the appeal, that whilst normally a person did not become …

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 …

Attorney General V. Weigel, Zvi Berinson, Binyamin Halevy, Eliyahu Manny, Haim Herman Cohn, Yitzhak Olshan

Translated Opinions

The respondent was convicted at first instance of being a procurer under section 1(b) of the Penal Law Amendment (Prostitution Offences) Law, 1962, but owing to the special circumstances of the case he was not given a prison sentence but put on probation. An appeal to the Supreme Court having failed, the Attorney-General applied for a Further Hearing* regarding the construction of the said section 10 in the light of section 3 (2) of the Probation of Offenders Ordinance, 1944. The sole issue was whether a person convicted under the Law must be sentenced to imprisonment or may instead be …

Attorney General V. Oestreicher, Shimon Agranat, Binyamin Halevy, Yoel Sussman

Translated Opinions

Facts: The respondent was charged with an offence against the Commodities and Services (Control) (Transport of Bread) Order, 1960, for transporting bread in open dirty boxes on the roof of an automobile. He admitted the facts but denied liability on the ground that the Order was ultra vires the Minister of Health who had issued it, according to the terms of the enabling Law, which confined the power to make Orders regarding specified essential matters and in a period only during which a state of emergency prevailed. At first instance this plea was rejected and he was convicted and sentenced, …

El-Zafdi V. Benjamin And Attorney General, Haim Herman Cohn, Moshe Silberg, Eliyahu Manny, Alfred Witkon, Yitzhak Olshan

Translated Opinions

The child in this case was born to a Jewish mother and a Moslem father. According to Jewish law, the child was Jewish, following the mother, and according to Moslem law it was Moslem, following the father. On the death of the mother, the child was placed with its Moslem aunt, but when the father learned that German reparations were payable to the mother he applied to the District Court for the appointment of a maternal uncle as guardian. The Court appointed an uncle as sole guardian and at the instance of the Attorney-General ordered him to place the child …

Dissenchick V. Attorney General, Yoel Sussman, Moshe Landau, Zvi Berinson

Translated Opinions

The trial of one Rafael Blitz for murder stretched over a number of days. On the second day. a newspaper (of which the first appellant was the editor and the second appellant the responsible journalist) published a report which indicated that in answer to the charge defence counsel had pleaded not guilty before the accused could say anything. In the body of the article it was reported that before trial the accused had in fact admitted his guilt to a journalist, although it was noted that such admission not having been made in court was not binding. The appellants were …

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 …

Ben Kosta V. Minister Of Interior, Yitzhak Olshan, Zvi Berinson, David Goitein

Translated Opinions

In 1955, the petitioner, a Christian, obtained a licence for the sale of pork under the then current bye-law. Consequent upon the enactment of a law enabling local authorities to prohibit or limit the sale of pork in the whole or part of their area as long as such prohibition or limitation were binding upoh the whole population of such area or part, a new bye-law was passed in 1957, containing penal provisions for offences thereunder committed within 42 days from its date, unless immediately prior thereto the sale of the pork was lawful under the law then in force. …

Barriya V. Kadi Of The Sharia Moslem Court, Yitzhak Olshan, David Goitein, Zvi Berinson

Translated Opinions

An application was made to a Moslem Religious Court by the aunt of three minor children to be appointed their guardian. The applicant's deceased brother, the father of the children, had directed before his death that the mother of the children should be their guardian. After his death the mother had remarried and the aunt, relying upon Moslem law, had taken the children into her care and had prevented them from remaining with their mother.

In the course of the proceedings before the Moslem Religious Court the mother submitted (inter alia) that she was entitled to the guardianship by virtue …

Asslan V. Commander And Military Governor Of The Galilee, Moshe Landau, Yitzhak Olshan, Moshe Silberg

Translated Opinions

HCJ 288/51 addressed an opposition to an order nisi ordering the Respondent to show cause why he should not refrain from removing the Petitioners from a closed area. The order was made absolute in regard to Petitioner 35, and cancelled in regard to the others. HCJ 33/52 addressed an opposition to an order nisi ordering the Respondent to show cause why the Petitioners and their families not be granted entry and exit permits under an area closure order. The order was made absolute in regard to Petitioners 29 and 30, and cancelled in regard to the others.

An order declaring …

Burka'an V. Minister Of Finance, Haim Herman Cohn, David Bechor, Meir Shamgar

Translated Opinions

An order nisi required that Respondent 2 (The Company for the Reconstruction and Development of the Jewish Quarter) show cause as to why it should refrain from granting a lease to the Petitioner for one of the apartments regarding which the Respondent published an “offer of apartments to the public”, and why the provision under which the offering is limited to Israeli citizens and new olim [immigrants under the Law of Return] should not be revoked.

The High Court of Justice held:

A. The Respondent’s demand that the lessees of apartments in the Jewish Quarter of Jerusalem’s Old City be …

Kiwaan V. Minister Of Defense, Shneor Zalman Cheshin, David Goitein, Zvi Berinson

Translated Opinions

An order of deportation was issued against the petitioner who had lived in Palestine and who in the year 1948 had been registered in the Register of Inhabitants. He had been compelled in 1949 to leave the country as a result of army action and had lived for a while in a neighbouring Arab country. He returned to Israel without permission and as a result of subsequent court proceedings was held to be entitled to receive and did receive an identity card. The petitioner now contended that as he was the holder of an identity card and had become an …

Kol Ha'am Co., Ltd. V. Minister Of The Interior, Shimon Agranat, Yoel Sussman, Moshe Landau

Translated Opinions

Two communist newspapers, respectively owned by the petitioners, published articles containing material which, in the opinion of the Minister of the Interior, was likely to endanger the public peace, and acting under s. 19(2) (a) of the Press Ordinance the Minister suspended both the newspapers for periods of ten and fifteen days respectively. On the return to orders nisi calling upon the Minister to show cause why the orders of suspension should not be set aside,

Held: In exercising his power of suspension under s. 19(2) (a) of the Press Ordinance, the guiding principle is that the Minister must consider …