Constitutional Law Commons^™

Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky

Cardozo Law Review

No abstract provided.

Carl Schmitt And The Constitution Of Europe, Jan Müller

Cardozo Law Review

No abstract provided.

Adalah Legal Center For Arab Minority Rights In Israel V. Minister Of Religious Affairs, Itzchak Zamir, Aharon Barak, Dorit Beinisch

Translated Opinions

Facts: The primary question raised in the petition: was whether the Ministry of Religious Affairs was violating the principle of equality in its allocation of funds for the maintenance of cemeteries. Among other claims, the petitioners claimed in their petition that the relative proportion of the Arab communities in the budget of the Ministry of Religious Affairs does not reflect their relative proportion in the population.

Held: The Court held that the Ministry of Religious Affairs is to operate in allocation of funds in the Ministry of Religious Affair’s budget for cemeteries on the basis of the principle of equality, …

Ka’Adan V. Israel Land Administration, Aharon Barak, Theodor Or, Itzchak Zamir, Mishael Cheshin, Yaakov Kedmi

Translated Opinions

Facts: The State of Israel, through the Israel Lands Administration, allocated land in the Eron valley region to the Jewish Agency for Israel.  The Jewish Agency, through a cooperative society, set up the settlement of Katzir on this land. The objectives of the Jewish Agency for Israel include the settlement of Jews throughout the land of Israel. For its part, the cooperative society will only grant membership to Jews. Petitioners, a couple with two daughters, are Arabs. They requested to live in the settlement of Katzir. According to petitioners, their request was immediately denied by reason of their being …

Foreword, Norman Dorsen

Cardozo Law Review

No abstract provided.

Changing Relationships Among European Constitutional Courts, Stephen Breyer

Cardozo Law Review

No abstract provided.

Comment: Remarks On Michelman And Breyer, Shlomo Avineri

Cardozo Law Review

No abstract provided.

W(H)Ither The Constitution?, Frank I. Michelman

Cardozo Law Review

No abstract provided.

Constitutionalism As A Site Of State Formative Practices, Upendra Baxi

Cardozo Law Review

No abstract provided.

A V. State Of Israel, Dorit Beinisch, Aharon Barak, Izhak Englard

Translated Opinions

Appeal on the judgment of the Tel-Aviv–Jaffa District Court (Justice S. Rotlevy) dated 3 June 1998 in CrimC 511/95.

Facts: The appellant was convicted of offences of assault and child abuse. The acts for which she was convicted included hitting a child on his mouth, which resulted in the child losing a milk tooth. The appellant was found to have hit her children regularly on various parts of their bodies, both with her hand and with a sandal, and to have been accustomed to throw shoes at them. The appellant argued, both in the trial court and in the Supreme …

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh

Cardozo Law Review

No abstract provided.

Omnibus Protections Of Religious Liberty And The Establishment Clause, Timothy L. Hall

Cardozo Law Review

No abstract provided.

Facing Facts: Only A Constitutional Amendment Can Guarantee Religious Freedom For All, Michael P. Farris

Cardozo Law Review

No abstract provided.

The Religious Liberty Protection Act: The National League Of Cities' Perspective, Susan M. Parnas

Cardozo Law Review

No abstract provided.

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Reclaiming Our Public Schools: A Proposal For School-Wide Drug Testing, Joanna Raby

Cardozo Law Review

No abstract provided.

The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg

Cardozo Law Review

No abstract provided.

Effect Of A Statutory Religious Freedom Strict Scrutiny Standard On The Enforcement Of State And Local Civil Rights Laws, Christopher E. Anders, Rose A. Saxe

Cardozo Law Review

No abstract provided.

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

Articles

No abstract provided.

Tzemach V. Minister Of Defense, Itzchak Zamir, Aharon Barak, Dov Levin, Theodor Or, Eliahu Mazza, Mishael Cheshin, Tova Strasberg-Cohen, Dalia Dorner, Jacob Turkel, Dorit Beinisch, Yaakov Kedmi

Translated Opinions

Facts: The petitioners, Members of Knesset, reserve military officers, and student organizations, challenged a practice in which the Minister of Defense routinely grants deferrals of and exemptions from required military service to ultra-Orthodox Jewish Yeshiva students who engage in full-time religious study. They claimed the exemptions, granted to an ever-growing percentage of enlistment candidates (8% in the year 1997), violate the principle of equality, exceed the zone of reasonableness, and are disproportionate. They further claimed that the Minister of Defense lacks the authority to regulate the matter and that it must be done so through legislation.

Held: The Knesset, not …

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.

Lam V. Dal, Dalia Dorner, Aharon Barak, Dorit Beinisch

Translated Opinions

Facts: Diagnosticians of children’s learning disabilities and a nonprofit organization representing them challenged a decision by the Ministry of Education to cease recognizing diagnoses of learning disabilities, generally conducted for students seeking eligibility for special governmental conditions and services, unless the diagnoses are conducted by educational psychologists. Petitioners alleged that the decision violated the Basic Law: Freedom of Occupation.

Held: The decision to cease recognizing diagnoses conducted by the petitioners violates the freedom of occupation and does so neither by force of a statute nor or in accordance with any statute, by virtue of express authorization therein, as required by …

Szenes V. Broadcasting Authority, Aharon Barak, Eliahu Mazza, Mishael Cheshin

Translated Opinions

Facts: Chana Szenes, born in Budapest, Hungary in 1921, emigrated to Mandatory Palestine alone at the age of 18. In 1943, during World War II, she enlisted in the British army. In June 1944, Chana Szenes parachuted in Yugoslavia, and crossed the border into Hungary with the aid of partisan groups. The German army captured her almost immediately. Chana Szenes was executed by a German firing squad on November 8, 1944. The current petition concerns the play “The Kastner Trial,” written by respondent no. four. The play, based on the true story of the Kastner affair, was intended to be …

Shavit V. Rishon Lezion Jewish Burial Society, Mishael Cheshin, Aharon Barak, Izhak Englard

Translated Opinions

Facts: Petitioner challenged the refusal of a Jewish burial society to allow an inscription on her mother's tombstone recording the dates of birth and death according to the Gregorian, as well as the Hebrew, calendar. The district court held that the recently-passed Alternative Burial Law permitted Jews to bury their loved ones in civilian cemeteries, not according to Jewish religious law, had the effect of overturning previous court rulings requiring Jewish burial societies to permit non-Hebrew characters and dates on tombstones. Sites have yet to be established for alternative burial.

Held:  Jewish burial societies have a public, as well as …

Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen

Cardozo Law Review

No abstract provided.

A Reply, Marci A. Hamilton

Articles

It is not often that one gets such immediate (and lengthy) written responses to one's work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize some of it, and will refine other aspects in this brief reply. My only regret is that I simply cannot in the space of a reply respond to many of the interesting and worthy points raised.

Cardozo And The Art Of Biography, Andrew L. Kaufman

Cardozo Law Review

No abstract provided.

Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

No abstract provided.

Supermajority Rules As A Constitutional Solution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.