Constitutional Law Commons^™

The Ties That Bind, Melissa F. Savage

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Art, Distribution & The State: Perspectives On The National Endowment For The Arts, Amy Schwartzman, John Tuskey, Robert W. Peters, Hope O'Keeffe, Roberto Bedoya, David Cole, Marci Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Commentaries, Thomas Christiano

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Art And The Marketplace Of Expression, Marcie A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton

Articles

No abstract provided.

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

Representation And Nondelegation: Back To Basics, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

Delegation As A Danger To Liberty, Nadine Strossen

Cardozo Law Review

No abstract provided.

Accountability And Restraint: The Federal Budget Process And The Line Item Veto Act, Elizabeth Garrett

Cardozo Law Review

No abstract provided.

The Nondelegation Doctrine And The Separation Of Powers: A Political Science Approach, David Epstein, Sharyn O'Halloran

Cardozo Law Review

No abstract provided.

Buried Voices, Dominant Themes: Justice Hans Linde And The Move To Structural Constitutional Interpretation, Marci A. Hamilton

Articles

No abstract provided.

Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil

Cardozo Law Review

No abstract provided.

In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis

Articles

No abstract provided.

Rubinstein V. The Minister Of Defense, Aharon Barak, Shlomo Levin, Theodor Or, Eliahu Mazza, Itzchak Zamir, Dalia Dorner, Jacob Turkel, Dorit Beinisch, Izhak Englard, Mishael Cheshin, Tova Strasberg-Cohen

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 claim 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 claim that the Minister of Defense lacks the authority to regulate the matter, and that it must be done so via legislation.

Held:  The Knesset, not …

Legal And Moral Dimensions Of Churchill's Failure To Warn, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky

Articles

In this Article, Professor Zelinsky discusses whether tax "benefits" are constitutionally equivalent to direct expenditures. He argues that, in constitutional contexts, the generic categories "tax" and "direct expenditure" are unhelpful and often misleading, in light of the diverse and overlapping nature of different tax laws and direct spending programs, the disparate perspectives from which equivalence can be assessed, and the variety of constitutional contexts in which the equivalence issue must be addressed. Professor Zelinsky thus calls for case-by-case determinations of equivalence considering particular constitutional contexts, the appropriate perspective in each of those contexts, and the specific tax and direct spending …

Against Free-Form Formalism, David M. Golove

Articles

Article II, Section 2 of the Constitution provides that the President shall have the power to make treaties by and with the consent of two-thirds of tie Senate. Yet, most of the international agreements into which the United States has entered over the last fifty years, including NAFTA and the WTO Agreement, have been concluded as congressional-executive agreements-a procedure by which the President submits an agreement to both houses of Congress for simple majority approvaL In an article in the Harvard Law Review entitled "Is NAFTA Constitutional?," Professors Bruce Ackerman and David Golove attempted to provide this practice with constitutionalfoundations. …

Notes On Constitutionalism For A 21st-Century Russian President, Dana Dallas Atchison

Cardozo Journal of International and Comparative Law

Are short-term political interests compromising prospects for a constitutional society in Russia? In Part I, this paper first considers the elements that contribute to constitutionalism. These include a constitution, democracy, public participation, the rule of law, an open society, a history of constitutionalism, public support for a constitutional order, importance of the individual, and an independent judiciary. Part II analyzes these themes against provisions in Russia's new Constitution and concludes that many articles have been compromised by Boris Yeltsin's personal political interests.

Part III appraises practical considerations that impact constitutional elements such as the public's expectations and concerns. Part III …

Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Peaceful Transitions To Constitutional Democracy: Transcript Of The Proceedings

Cardozo Law Review

No abstract provided.

On The Difference In Importance Between Supreme Court Doctrine And Actual Consequences: A Review Of The Supreme Court's 1996-1997 Term, Jesse H. Choper

Cardozo Law Review

No abstract provided.

Autopoiesis And The "Relative Autonomy" Of Law, Hugh Baxter

Cardozo Law Review

Recent accounts of the relation between law and other social spheres have emphasized law's "relative autonomy." The intuition behind the "relative autonomy" formula is that law is neither wholly independent of, nor entirely reducible to, political, economic and other social processes. Sensible as this intuition is, however, the idea of "relative autonomy" by itself remains purely negative. It excludes two unpalatable extremes-pure formalism and pure instrumentalism-but it does not by itself characterize, in positive theoretical terms, the relation between law and other social discourses or practices.

This Article examines an attempt in recent German social thought to specify theoretically the …

Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel

Cardozo Law Review

No abstract provided.

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence

Cardozo Law Review

No abstract provided.

The Pentagon Papers - Victory For A Free Press, William R. Glendon

Cardozo Law Review

No abstract provided.

The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora

Cardozo Law Review

No abstract provided.

Conterm Ltd. V. Finance Ministry, Itzchak Zamir, Aharon Barak, Mishael Cheshin

Translated Opinions

Facts: The petitioner acquired a license from the Customs Authority to operate a licensing warehouse on land in dispute between it and the Port and Train Authority. The Customs Authority asked for proof that the petitioner had a right in the land, as required by the regulations, and in return it received an agreement that did not appear to address such a right. The Customs Authority granted the license anyway. When it became aware of the dispute over the land, it refused to renew the license. The central question is whether the petitioner had a duty to disclose the existence …