Constitutional Law Commons^™

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the establishment of a right to counsel for individuals facing eviction in New York City's Housing Court, arguing that such a right is essential for fair legal proceedings, aligns with constitutional principles of due process and equal protection, and is cost-effective in preventing homelessness and reducing societal costs. The author emphasizes that the current system disproportionately disadvantages low-income tenants, who often lack legal representation, and draws on international precedents where such rights are recognized.

Foreword To Conference Report: The New York City Housing Court In The 21st Century: Can It Better Address The Problems Before It?, Ellen Yaroshefsky, Marilyn J. Flood

Cardozo Public Law, Policy & Ethics Journal

The New York City Housing Court faces significant challenges in addressing housing disputes, particularly due to the high number of pro se litigants and the intersection of legal and social issues that contribute to homelessness. A 2004 conference brought together diverse stakeholders to examine these challenges and propose reforms, focusing on six key areas: pre-adjudication steps, the adjudicative process, the right to counsel, litigants of diminished capacity, preserving housing stock, and social services. The conference emphasized the need for systemic changes to improve access to justice and efficiency in the court.

The Slippery Slope: The Vitality Of Reynolds V. Us After Romer And Lawrence, James Askew

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal prohibition of polygamy, upheld by the landmark case Reynolds v. United States, is increasingly vulnerable in light of recent Supreme Court decisions, particularly *Romer v. Evans* and Lawrence v. Texas. These decisions have expanded individual rights and challenged the constitutionality of laws targeting specific groups, suggesting that the legal framework against polygamy may no longer hold. The author posits that just as same-sex marriage is gaining legal recognition, polygamous marriages should also be reconsidered under these evolving legal standards.

An Unfair Advantage: Comparing The International Court Of Justice To A Form Of Adr And Why It Was Inappropriate For The Court To Issue An Advisory Opinion In The Case Of Israel's Separation Fence, Mimi Trenk

Cardozo Journal of Conflict Resolution

This Note will begin with a concise background of the ArabIsraeli conflict. It will then explain the three arguments presented to the Court as to why it should have declined to exercise jurisdiction and the Court's response. It will explore the similarities of non-binding arbitration, as a form of alternative dispute resolution, and the Advisory Opinion. It will then examine whether, in the interests of justice, it was appropriate for the Court to issue the opinion, even though it is considered to be non-binding. This Note will examine the Israeli Supreme Court as the proper forum to enforce the rights …

Leakers, Bloggers, And Fourth Estate Inmates: The Misguided Pursuit Of A Reporter's Privilege, Randall D. Eliason

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Citizenship Theories, Immigration And Nationality Act Section 309 & Nguyen V. Ins: How The Supreme Court Got It Wrong, Rachel Baskin

Cardozo Public Law, Policy & Ethics Journal

The note critiques the Supreme Court's decision in *Tuan Anh Nguyen v. INS*, which upheld the constitutionality of Section 309 of the Immigration and Nationality Act (INA). This provision imposes additional requirements for U.S. citizen fathers, unlike mothers, to transmit citizenship to children born abroad. The author argues that the Court's ruling perpetuates gender discrimination and undermines the deeper meaning of citizenship, which should encompass membership, belonging, and substantive ties to the nation rather than mere legal formalities. The analysis draws on republican, communitarian, and liberal theories of citizenship to advocate for a more inclusive and gender-neutral approach to citizenship …

The Constitutional Validity Of Circuit Court Opinions Limiting The American Right To Sexual Privacy, Shelly Elimelekh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Duty To Protect The Rights Of Performers? Constitutional Foundations Of An Intellectual Property Right, Michael Gruenberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City's Housing Court, Paris R. Baldacci

Cardozo Public Law, Policy & Ethics Journal

The article advocates for a multi-faceted approach to address the challenges faced by pro se litigants in New York City's Housing Court, emphasizing judicial reforms to enhance accessibility and fairness. It proposes measures such as judicial training, relaxed evidentiary rules, and an inquisitorial model to ensure pro se litigants receive equitable treatment without compromising judicial impartiality. The analysis highlights the need for systemic changes to prevent the denial of equal access to justice and calls for legislative and administrative support to implement these reforms effectively.

The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat

Cardozo Law Review

No abstract provided.

Cuno: The Property Tax Issue, Edward A. Zelinsky

Articles

The author criticizes the decision of the U.S. Court of Appeals for the Sixth Circuit in Cuno v. Daimler Chrysler Inc., in which the court ruled that Ohio's investment tax credit violated the U.S. Constitution's Commerce Clause. Zelinsky says the dormant Commerce Clause concept of nondiscrimination is overbroad and undefinable and should be abandoned. He hopes this decision will give the U.S. Supreme Court an opportunity to reassess the concept.

The Future Of The Dormant Commerce Clause: Abolishing The Prohibition On Discriminatory Taxation, Edward A. Zelinsky, Brannon P. Denning

Articles

Professor Edward A. Zelinsky, of the Cardozo School of Law, argues that "[i] t is time to abolish the dormant Commence Clause prohibition on discriminatory taxation." This is so, he writes, because "the prohibition is today doctrinally incoherent and politically unnecessary." The incoherence, Zelinsky maintains, stems from the disparate treatment by the United States Supreme Court of economically identical activities: "discriminatory taxation favoring local industries," which the doctrine prohibits, and "direct expenditures subsidizing those same industries," which it permits. It is unnecessary, Zelinsky argues, because Congress is able, and better suited, to police any state abuses. In short, "[l]ike a …

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

Articles

Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …

Commitment To Peace And Social Justice Society V. Minister Of Finance, Aharon Barak, Eliezer Rivlin, Ayala Procaccia, Dorit Beinisch, Asher Grunis, Edmond E. Levy, Mishael Cheshin

Translated Opinions

Facts: The government decided to reduce the amount of income supplement benefit paid to individuals and families, and to cancel several subsidies given to persons receiving income supplement benefit. The reduction in the amount of income supplement benefit and the cancellation of the subsidies were incorporated into the Income Supplement Law by means of the State Economy Arrangements (Legislative Amendments for Achieving the Budget Goals and the Economic Policy for the 2003 Fiscal Year) Law, 5763-2002.

The petitioners attacked the reduction in the benefit and the cancellation of the subsidies, on the ground that they violated the human right to …

Azbarga V. State Of Israel, Elyakim Rubinstein

Translated Opinions

This is an appeal to a single Justice of a decision of the Tel-Aviv-Jaffa District Court, in which the appellant’s application to be allowed out of house arrest, on a daily basis at fixed times, in order to participate in daily prayers at the mosque of the town of Qalansuwa, was denied. Justice Rubenstein allowed the appeal in part, allowing the appellant to go to the nearest mosque to pray once a week and, after three months without incident, to go to the mosque once a day.

Privatizing Due Process, Paul R. Verkuil

Articles

The article explores the concept of "private due process," arguing that while traditional due process protections under the Constitution require state action, privatization of government functions creates gaps in procedural safeguards. It examines how state laws, federal regulations, and alternative dispute resolution (ADR) mechanisms can fill these gaps and proposes a "Private Administrative Procedure Act" (PAPA) to ensure procedural fairness when government functions are delegated to private entities.

Terrorist Speech And The Future Of Free Expression, Laura K. Donohue

Cardozo Law Review

No abstract provided.

Najar V. State Of Israel, Elyakim Rubinstein, Miriam Naor, Yonatan Adiel

Translated Opinions

Facts: The appellant, a Bedouin, stabbed his sister to death. Initially, he said that the reason why he did this was that his sister, who was unmarried, intended to travel alone to Egypt, and this would dishonour the family. At his trial, the appellant testified that in addition his sister had made a statement questioning his paternity of his children. The appellant claimed that the killing of his sister was the result of provocation, and therefore he should be convicted of manslaughter rather than murder. Inter alia he argued that the court should take into account the fact that in …

Tais Rodriguez-Tushbeim V. Minister Of Interior, Aharon Barak, Dorit Beinisch, Eliezer Rivlin, Miriam Naor, Ayala Procaccia, Mishael Cheshin, Esther Hayut, Edmond E. Levy, Asher Grunis, Jacob Turkel

Translated Opinions

Facts: The petitioners were lawful non-Jewish residents in Israel. They studied Judaism in various frameworks in Israel, and went abroad for a short time to undergo the ceremony of converting to Judaism in various Jewish communities outside Israel. Upon their return to Israel, they applied to the Ministry of the Interior (the first respondent) to be recognized as Jews for the purposes of the right of immigrate to Israel under the Law of Return, 5710-1950. The first respondent refused to recognize the conversions of the petitioners, on the ground that the petitioners did not join the communities that converted them, …

The Lawless Adjudicator, Robin West

Cardozo Law Review

No abstract provided.

The Failure And Beginnings Again, Milner S. Ball

Cardozo Law Review

No abstract provided.

Is There Anything Outside The Class? Law, Literature, And Pedagogy, Penelope Pether

Cardozo Law Review

No abstract provided.

Robert Dahl's How Democratic Is The American Constitution?: An Introduction, With Notes On The Electoral College, Michael Herz

Cardozo Law Review

No abstract provided.

Remarks On Robert Dahl's How Democratic Is The American Constitution?, John P. Mccormick

Cardozo Law Review

No abstract provided.

Design 22 Shark Deluxe Furniture Ltd. V. Rosenzweig, Aharon Barak, Ayala Procaccia, Miriam Naor

Translated Opinions

Facts: The petitioner, a company that owns a chain of furniture shops, was fined for employing Jews on the Sabbath, contrary to the Hours of Work and Rest Law, 5711-1951. Subsequently, the petitioner applied under the law for a permit to employ Jews on the Sabbath, but this application was rejected by the first respondent. The petitioner therefore filed a petition in the Supreme Court, arguing that the first respondent’s refusal to grant a permit was unreasonable in the extreme, in view of the economic loss that the petitioner was caused by not being able to employ Jews on the …

Opening Remarks: Advocating For Change, Kurt Mundorff

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Child Abuse Prevention and Treatment Act (CAPTA) for focusing narrowly on parental responsibility while neglecting broader societal factors like poverty and racism. It highlights the challenges in predicting child abuse and the negative outcomes of foster care, arguing that the system's approach is flawed and in need of reform.

Under-Intervention Versus Over-Intervention, David Lansner

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

After El-Shifa: The Extraterritorial Availability Of The Takings Clause, Nathaniel Segal

Cardozo Journal of International and Comparative Law

The note examines the extraterritorial application of the Fifth Amendment's Takings Clause to foreign nationals, focusing on the case of El-Shifa Pharmaceutical Industries Co. v. U.S.. It argues that the Takings Clause should apply to alien-owned property abroad, emphasizing natural rights theory and the influence of John Locke on U.S. constitutional law. The analysis critiques the U.S. Court of Federal Claims' dismissal of Salah Idris's claim, which denied compensation for the destruction of his pharmaceutical plant in Sudan during a U.S. military strike. The author advocates for extending the clause's protections to foreign property owners, aligning U.S. law with …

Comparing Human Rights In Two Ethiopian Constitutions: The Emperor's And The "Republic's"-Cucullus Non Facit Monachum, Minasse Haile

Cardozo Journal of International and Comparative Law

The article compares Ethiopia's Constitutions from 1931, 1955, and 1995, arguing that the earlier constitutions under Emperor Haile Selassie provided a stronger foundation for human rights and democracy compared to the 1995 Constitution under the TPLF. It suggests that traditional autocracies may evolve into democracies, whereas modern elected autocracies often perpetuate power. The TPLF's Constitution, despite its progressive rhetoric, fails to ensure free elections, enforce human rights, and uphold international law, leading to a totalitarian state with unchecked executive power.

The Right To Marry, Cass R. Sunstein

Cardozo Law Review

The Supreme Court has said that there is a constitutional "right to marry"; but what can this possibly mean? People do not have a right to marry their dog, their aunt, June 29, a rose petal, or a sunny day. This essay attempts to make some progress in understanding both the content and the scope of the right to marry. With respect to content, it concludes that people have no more and no less than this: a right of access to whatever expressive and material benefits the state now provides for the institution of marriage. It follows that the right …