Constitutional Law Commons^™

Ragen V. Ministry Of Transport, Elyakim Rubinstein, Salim Joubran, Yoram Danziger

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 bus lines operated by the Second and Third Respondents, where segregation between men and women had become customary. It was argued that these arrangements violate the principle of equality, the constitutional right to dignity and to freedom of religion and conscience and that they have been put in place without lawful authorization. Against the First Respondent (hereinafter: the Respondent) it was …

"Male" Order Brides And International Marriage Brokers: The Costly Industry That Facilitates Sex Trafficking, Prostitution, And Involuntary Servitude, Carin M. Bowes

Cardozo Journal of Equal Rights & Social Justice

The article argues that the international marriage broker (IMB) industry, commonly associated with "mail-order brides," facilitates severe human rights violations, including sex trafficking, prostitution, and involuntary servitude. Despite legal efforts like the International Marriage Broker Regulation Act (IMBRA), the industry remains exploitative, with current regulations failing to adequately protect women from abuse and exploitation.

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Articles

The article critiques Professor Sanford Levinson's defense of compromise in constitutionalism, arguing that while compromise is ubiquitous, it is not inherently just or morally sound. The author, Richard Weisberg, contends that Levinson's flexible hermeneutic approach risks degrading textual integrity and ethical standards, particularly when compromise is elevated to a norm. Weisberg advocates for maintaining the integrity of sacred and legal texts, emphasizing the dangers of interpretive flexibility, especially in emergencies, and draws parallels to historical examples like Vichy France's complicity in Nazi policies.

"Tour De Farce!" Misblurb Marketing In Film And Publishing, Matthew Tynan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan

Cardozo Journal of Conflict Resolution

This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …

Where Are The Grounds For The Legality Of Abortion? A 13th Amendment Argument, Laura Sjoberg

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal framework supporting abortion rights, arguing that privacy-based jurisprudence, as established in *Roe v. Wade*, is inadequate due to its roots in a gendered public/private divide that perpetuates inequality. It proposes a new constitutional basis for abortion rights under the Thirteenth Amendment, framing forced pregnancy as a form of involuntary servitude and emphasizing gender subordination rather than privacy or equality.

The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the constitutionality and necessity of retroactive child sexual abuse laws, arguing that they provide victims with a pathway to justice despite statutes of limitations. It supports this stance with Supreme Court rulings and examples of successful implementations in states like California and Delaware, emphasizing the balance between victims' rights and defendants' rights.

Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis

Cardozo Journal of Equal Rights & Social Justice

The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.

The Black Poor, Black Elites, And America's Prisons, James Forman Jr.

Cardozo Law Review

No abstract provided.

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López

Cardozo Law Review

No abstract provided.

Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt

Cardozo Law Review

No abstract provided.

Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer

Cardozo Law Review

No abstract provided.

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Cardozo Law Review

No abstract provided.

Minister Of Justice V. Zohar, Dorit Beinisch, Eliezer Rivlin, Edna Arbel, Esther Hayut, Salim Joubran, Miriam Naor, Elyakim Rubinstein, Edmond E. Levy, Yoram Danziger

Translated Opinions

Facts: The respondent was convicted of various crimes and sentenced to life imprisonment in 1996, after which he was given additional sentences for crimes committed while on leave from jail. In 2004, he applied to the then-President of the State, Moshe Katzav, to reduce the duration of his sentence. Although the Minister of Justice at the time (Tzipi Livni) recommended that the application be denied, the President signed a letter limiting the respondent’s sentence to 32 years. The Minister of Justice refused to countersign the document approving the reduced sentence, as did other Ministers of Justice who served after …

"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain

Cardozo Law Review

No abstract provided.

Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner

Cardozo Law Review

No abstract provided.

No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman

Cardozo Law Review

No abstract provided.

Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis

Cardozo Law Review

No abstract provided.

The Faces Of Student Cell Phone Regulations And The Implications Of Three Clauses Of The Federal Constitution, Joseph O. Oluwole, William Visotsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the constitutionality of school district regulations on student cell phones, focusing on the Due Process Clause, the Free Speech Clause, and the Fourth Amendment. It argues that while schools have the authority to regulate cell phones to maintain an educational environment, such regulations must comply with legal standards to avoid infringing on students' rights. The analysis concludes that schools can enforce cell phone policies but must adhere to constitutional protections, particularly the Tinker test for speech and the T.L.O. test for searches.

The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg

Articles

The article critiques the Supreme Court's decision in Milkovich v. Alabama, arguing that it undermines First Amendment protections by narrowing the distinction between fact and opinion in defamation cases. The Court's ruling, led by Chief Justice Rehnquist, held that statements implying false facts are actionable, even if framed as opinions. This decision, the article contends, reverses the constitutional logic of earlier precedents like New York Times Co. v. Sullivan, which trusted audiences to discern fact from opinion. The article warns that Milkovich erodes the First Amendment's faith in audience discernment, fostering a paternalistic judicial approach that stifles public debate.

A Theoretical Justification For Special Solicitude: States And The Administrative State, Matthew S. Melamed

Cardozo Public Law, Policy & Ethics Journal

The article examines the Supreme Court's decision in Massachusetts v. EPA, focusing on the doctrine of special solicitude in standing analysis for states. It argues that the Court's recognition of Massachusetts' quasisovereign interest to challenge the EPA's denial of a rulemaking petition reflects a federalist concern, ensuring states can hold federal administrative agencies accountable. The analysis critiques the Court's reliance on special solicitude, highlighting tensions between traditional standing requirements and the unique role of states in constitutional adjudication. The article posits that the special function model of standing, which emphasizes states' roles as protectors of citizens' interests, provides a …

Regulating The Airwaves In Israel's Burgeoning Democracy: Why The Israeli High Court Of Justice Should Have Acknowledged Free Speech In The Case Of Arutz Seven, Maya Tarr

Cardozo Journal of International and Comparative Law

The note examines the role of the Supreme Court of Israel in promoting democracy and freedom of speech, highlighting its interpretation of Basic Laws to include these rights. It critiques the Court's analysis in the Hok Habezek amendment case for not adequately addressing freedom of speech, despite its significant rulings in cases like Kol Haam v. Minister of Interior Affairs.

Yekutieli V. Minister Of Religious Affairs, Dorit Beinisch, Ayala Procaccia, Esther Hayut, Asher Grunis, Miriam Naor, Salim Joubran, Edmond E. Levy

Translated Opinions

Facts: Section 3(4) The Income Support Law, 5752-1982 provides that students in institutions of higher education or in other post-secondary institutions, including students in religious institutions, are not entitled to the income support benefits that are paid in accordance with that law. Nevertheless, each annual budget law since 1982 has included a budget item pursuant to which kollel students are paid minimum income support benefits. The petitioners challenged the support benefits paid pursuant to the budget item, arguing that the payment of these benefits constitutes 2 Israel Law Reports [2010] IsrLR 1 discrimination against all other students who are excluded …

Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam

Cardozo Law Review

No abstract provided.

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.

The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton

Articles

No abstract provided.

Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine, Cristina D. Lockwood

Cardozo Public Law, Policy & Ethics Journal

The void for vagueness doctrine is itself indefinite. The current void for vagueness analysis provides that the law is void for vagueness if it fails to provide fair notice of the prohibited conduct or is so standardless that it allows for discriminatory enforcement. Uncertainty within the doctrine exists because the United States Supreme Court has not articulated a definitive position as to when facial review is appropriate in the void for vagueness analysis. Further, the Court's decision that a law can be void for vagueness based solely on a finding that there is a potential for discriminatory enforcement creates uncertainty …

Fair Measure Of The Right To Vote: A Comparative Perspective On Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson

Cardozo Journal of International and Comparative Law

The article examines the underenforcement of the right to vote in Ghana, focusing on the exclusion of incarcerated citizens (GICs) despite the 1992 Constitution granting universal adult suffrage. It argues that underenforcement stems from legislative, administrative, and judicial failures, undermining democratic principles. The Ghanaian Supreme Court's decision in OcanseyCHURCIL ruled that denying GICs the right to vote was unconstitutional, aligning with a broader interpretation of voting rights as fundamental. The article emphasizes the importance of explicit constitutional provisions and active enforcement by all government branches to sustain democracy, particularly in emerging democracies.

Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha

Cardozo Journal of International and Comparative Law

The note examines the tension between protecting U.S. military personnel's rights and respecting host nations' sovereignty through Status of Forces Agreements (SOFAs), focusing on cases from Korea, Japan, and Iraq. It argues that while SOFAs are designed to protect U.S. soldiers, they often infringe on host countries' sovereignty, leading to diplomatic tensions. The analysis highlights the imbalance in SOFAs, favoring the U.S. and undermining host nations' sovereignty, as perceived by citizens and governments. The author suggests that the U.S. needs to adjust its SOFA approach to avoid diplomatic tensions, recommending a more balanced jurisdictional framework.