Constitutional Law Commons^™

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes

Cardozo Law Review

No abstract provided.

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

Articles

The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …

Hotline For Migrant Workers V. Government Of Israel, Eliezer Rivlin, Edmond E. Levy, Esther Hayut

Translated Opinions

Facts: Within the framework of an agreement between the fifth respondent and the Turkish Ministry of Defence, the State of Israel undertook that the fourth respondent would be given permits by the Israeli authorities to employ Turkish workers in Israel in the construction industry. According to the terms of these permits, the Turkish workers are only permitted to be employed in Israel by the fourth respondent. Following the decision of the court in Kav LaOved Worker’s Hotline v. Government of Israel [1], which set aside arrangements that restricted foreign workers in Israel to a specific employer as a violation of …

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Articles

No abstract provided.

Wasser V. Minister Of Defense, Dorit Beinisch, Dvora Berliner, Salim Joubran

Translated Opinions

Facts: For many years ‘Qassam’ rockets have been fired from the Gaza Strip at the town of Sederot and settlements in Israel near the Gaza Strip. The government decided to equip the schools in the area with protection against the rockets. The method of protection decided upon by the respondents for the classrooms of students in grades 4-12 was the method of ‘protected areas.’ According to this, whenever the alarm is sounded that rockets have been fired from the Gaza Strip, the students are required to leave their classrooms and go to a protected area. The petitioners challenged this decision, …

The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan

Cardozo Law Review

No abstract provided.

Abu-Madigam V. Israel Land Administration, Salim Joubran, Edna Arbel, Miriam Naor

Translated Opinions

Facts: In response to large scale incursions onto state land in the Negev by Bedouins and their planting of agricultural crops on that land, the respondents decided to destroy the crops by spraying herbicide from the air. The petitioners challenged this policy on the grounds that the spraying of herbicide was done ultra vires and also endangered the health and dignity of Bedouins in the vicinity of the spraying. The respondents denied that the herbicide used presented any risks to health.

Held: (Justice Joubran) The respondents have no power under the law to spray herbicide in order to prevent incursions …

Strategic Planning For Combating Terrorism: A Critical Examination, Arsalan M. Suleman

Cardozo Public Law, Policy & Ethics Journal

The article critiques the U.S. National Strategy for Combating Terrorism and the National Military Strategic Plan for the War on Terrorism, arguing that while they emphasize the ideological dimensions of terrorism, they fail to adequately address the political grievances and root causes that fuel extremist movements. It posits that a comprehensive counterterrorism strategy must integrate military, political, and social measures to effectively combat transnational terrorism.

Means To Legitimate Ends: Same-Sex Marriage Through The Lens Of Illegitimacy-Based Discrimination, Benjamin G. Ledsham

Cardozo Law Review

No abstract provided.

Sensors And Sensibilities, Kevin Werbach

Cardozo Law Review

No abstract provided.

A Response To Professor Laycock, Marci A. Hamilton

Articles

No abstract provided.

Galon V. Government Commission Of Investigation, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

Facts: The government set up a commission of investigation to examine what happened in the war in Lebanon in 2006. The commission decided to hold all of its proceedings in camera and not to publish any transcripts of the proceedings, on the ground that they were privileged for the reason of state security. This decision was challenged by the petitioner, who argued that the proceedings should only be held in camera if holding them in public would give rise to a near certainty of serious harm to state security, and that transcripts of those parts of the proceedings that did …

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Cardozo Law Review

No abstract provided.

Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter

Cardozo Law Review

No abstract provided.

First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee

Cardozo Public Law, Policy & Ethics Journal

The Ninth Circuit Court ruled that California Penal Code section 148.6, which criminalized knowingly filing false allegations of misconduct against peace officers, violated the First Amendment. The court determined that the law impermissibly targeted criticism of police officers, constituting a content-based restriction on speech, and thus was unconstitutional.

Disappearing Safeguards: Fisa Nonresident Alien "Loophole" Is Unconstitutional, Brenton Hund

Cardozo Journal of International and Comparative Law

The note argues that the Foreign Intelligence Surveillance Act (FISA) contains a "nonresident alien loophole" that undermines constitutional protections, particularly for U.S. persons. This loophole, expanded by amendments such as the Patriot Act and the Lone Wolf Amendment, allows the government to conduct surveillance on nonresident aliens under relaxed standards, which can incidentally target U.S. citizens without meeting FISA's stricter requirements. The analysis contends that this loophole violates the Fourth Amendment by enabling surveillance on U.S. persons without probable cause or proper warrants, eroding privacy rights in the name of national security. The note advocates for legislative reforms to close …

Winning The Battle, But Perhaps Losing The War: Endorsing Deregulation Of Emergency Contraception At The Expense Of Derogating Abortion, Melissa Bond

Cardozo Journal of International and Comparative Law

No abstract provided.

Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Market-Participant Exception And The Dormant Foreign Commerce Clause, J. T. Hutchens

Cardozo Public Law, Policy & Ethics Journal

The note argues against extending the Market-Participant Exception to the Dormant Foreign Commerce Clause, asserting that such an extension would undermine the federal government's exclusive authority over foreign affairs and potentially disrupt national foreign policy. While the exception is well-established in interstate commerce, its application to foreign commerce raises unique concerns, including the risk of international retaliation and the erosion of the "one voice" principle in international relations. The author emphasizes that the constitutional separation of powers and the Supremacy Clause further support the necessity of federal primacy in foreign trade matters.

Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sex Required: The Impact Of Massachusetts' Same-Sex Marriage Cases On Marriages With Intersex And Transsexual Partners, Aleks Kajstura

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Census Bureau's practice of counting incarcerated individuals as residents of their prison locations, rather than their home communities, distorts political representation by inflating the voting power of districts with prisons and diluting that of others, undermining the principle of "one person, one vote."

The Incoherence Of Dormant Commerce Clause Nondiscrimination: A Rejoinder To Professor Denning, Edward A. Zelinsky

Articles

A sound intuition animates Professor Denning's defense of the doctrinal status quo under the dormant commerce clause: the courts should not lightly abandon well-established constitutional canons. I nevertheless remain unconvinced by Professor Denning's effort to justify the long-standing interpretation of the dormant commerce clause as forbidding taxes which discriminate against interstate commerce. Whatever the historical justification for this constitutional precept, its past utility, or its visceral appeal, dormant commerce clause nondiscrimination is today doctrinally incoherent in tax contexts. The problem is not one of borderlines and close cases. Rather, at its core, the notion of dormant commerce clause tax nondiscrimination …

Adalah Legal Center For Arab Minority Rights In Israel V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Ayala Procaccia, Edmond E. Levy, Miriam Naor, Salim Joubran, Esther Hayut, David Cheshin, Asher Grunis

Translated Opinions

Facts: In 2005, an amendment was made to the law of torts with regard to the liability of the State of Israel arising from the activities of its security forces in the territories of Judaea, Samaria and the Gaza Strip. Section 5C of the Torts (State Liability) Law, 5712-1952, which was introduced by the amendment, increased the scope of the state’s exemption from liability, which was previously limited to combatant activities, to any activity (subject to some exceptions) taking place in a ‘conflict zone,’ and the Minister of Defence was authorized to determine which areas would constitute ‘conflict zones.’ He …

Majority Camp V. Israel Police, Aharon Barak, Miriam Naor, Elyakim Rubinstein

Translated Opinions

Facts: The petitioners applied to the first respondent to hold a demonstration in Tel-Aviv supporting the government’s disengagement plan. The first respondent imposed various conditions upon the holding of the demonstration, including demands that the petitioners should arrange to have security, first aid and fire extinguishing services present at the demonstration. The second and third respondents demanded payment from the petitioners for providing the first aid and fire extinguishing services. The petitioners challenged the legality of the demands made by the first, second and third respondents, arguing, inter, alia, that the fourth respondent should be liable to pay the …

Rosenbaum V. Israel Prison Service Commissioner, Aharon Barak, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia, Edmond E. Levy, Asher Grunis, Esther Hayut

Translated Opinions

Facts: The respondents introduced a compulsory retirement age of 55 for all of their employees. The petitioners challenged this policy on the grounds that it discriminated between them and civil servants in other parts of the civil service, where the customary retirement age was 65.

Held: Although the law gave the respondents the possibility of retiring its employees at the age of 55, the introduction of a compulsory retirement policy at the lowest age allowed by the law resulted in discrimination in relation to the other parts of the civil service. This consideration had not been taken into account by …

Which Constitution? Who Decides?: The Problem Of Judicial Supremacy And The Interbranch Solution, Robert Justin Lipkin

Cardozo Law Review

No abstract provided.

States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.

Cardozo Law Review

No abstract provided.