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Yeshiva University, Cardozo School of Law

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Articles 301 - 330 of 546

Full-Text Articles in Courts

Galon V. Government Commission Of Investigation, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia Feb 2007

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 …

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Fuck, Christopher M. Fairman Feb 2007

Fuck, Christopher M. Fairman

Cardozo Law Review

No abstract provided.

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Primetime Crimes: Are Reality Television Programs "Illegal Contests" In Violation Of Federal Law, Kimberlianne Podlas Jan 2007

Primetime Crimes: Are Reality Television Programs "Illegal Contests" In Violation Of Federal Law, Kimberlianne Podlas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Using The Courts To Influence The Implementation Of No Child Left Behind, Benjamin Michael Superfine Nov 2006

Using The Courts To Influence The Implementation Of No Child Left Behind, Benjamin Michael Superfine

Cardozo Law Review

No abstract provided.

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Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen Oct 2006

Panel Report: National Security Secrecy In The Courts: A Comparative Perspective From Israel And Ireland, Peter Raven-Hansen

Cardozo Public Law, Policy & Ethics Journal

The article examines how democratic nations, including Israel, Ireland, and the United States, balance national security secrecy with the rule of law in terrorism prosecutions. It highlights the challenges of using secret evidence in criminal trials while maintaining fair procedures, comparing the legal frameworks and practices of these countries. The analysis reveals common issues, such as the tension between protecting sensitive information and ensuring defendants' rights, and underscores the need for transparency and procedural integrity in terrorism cases.

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Panel Report: Issues In Article Iii Courts, Debra A. Livingston Oct 2006

Panel Report: Issues In Article Iii Courts, Debra A. Livingston

Cardozo Public Law, Policy & Ethics Journal

The article explores the challenges Article III courts face in balancing national security interests with procedural due process when handling cases involving classified information, particularly in terrorism-related prosecutions. It examines the logistical, constitutional, and evidentiary issues arising from the use of secret evidence, raising questions about the adequacy of current legal frameworks and the potential need for alternative procedural mechanisms.

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Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney Oct 2006

Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney

Cardozo Public Law, Policy & Ethics Journal

The article explores the tension between national security interests and procedural fairness in the use of secret evidence across non-Article III contexts, including military tribunals, Combatant Status Review Tribunals (CSRTs), and immigration courts. It examines the challenges of balancing government secrecy with individual rights, emphasizing the need for procedural safeguards to navigate this complex issue.

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The War On Terrorism In The Courts, Gerald E. Rosen Oct 2006

The War On Terrorism In The Courts, Gerald E. Rosen

Cardozo Public Law, Policy & Ethics Journal

The article addresses the challenges posed by the war on terrorism to judicial independence and the protection of civil liberties. It argues that while the Executive and Legislative branches must act to safeguard national security, the Judiciary has a critical role in ensuring that constitutional rights and procedural safeguards are not eroded. The author emphasizes that courts must balance the need to defer to national security concerns with the obligation to protect fundamental rights, such as access to courts, right to counsel, and confrontation rights, even in terrorism cases.

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Sword Or Shield? The Government's Selective Use Of Its Declassification Authority For Tactical Advantage In Criminal Prosecutions, Joshua L. Dratel Oct 2006

Sword Or Shield? The Government's Selective Use Of Its Declassification Authority For Tactical Advantage In Criminal Prosecutions, Joshua L. Dratel

Cardozo Public Law, Policy & Ethics Journal

The article argues that the government's selective use of declassification authority under the Classified Information Procedures Act (CIPA) undermines the statute's intent to ensure fair trials. By declassifying inculpatory evidence while withholding exculpatory information, the government gains an unfair tactical advantage, particularly in terrorism cases where defendants often lack access to classified materials. The article advocates for reforms to CIPA, the Foreign Intelligence Surveillance Act (FISA), and Rule 16 of the Federal Rules of Criminal Procedure to restore balance and safeguard defendants' Fifth and Sixth Amendment rights.

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The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky Oct 2006

The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the increasing reliance on secret evidence in U.S. legal proceedings, particularly in post-9/11 national security and terrorism cases, facilitated by the Classified Information Procedures Act (CIPA) and the Foreign Intelligence Surveillance Act (FISA). This trend undermines the adversarial system by denying defendants access to relevant information, raising ethical concerns for defense attorneys, and potentially eroding constitutional rights. The author advocates for reforms to balance national security with civil liberties, emphasizing the need for judicial vigilance and legislative changes to address these issues.

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Rabbinic Contestations Of Authority, Christine Hayes Oct 2006

Rabbinic Contestations Of Authority, Christine Hayes

Cardozo Law Review

No abstract provided.

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Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz Apr 2006

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.

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Justice & Foreign Affairs: Taking The European Neighbourhood Partner Countries To The European Court Of Justice, Lior Zemer, Sharon Pardo Apr 2006

Justice & Foreign Affairs: Taking The European Neighbourhood Partner Countries To The European Court Of Justice, Lior Zemer, Sharon Pardo

Cardozo Journal of International and Comparative Law

The article argues that the European Union (EU) should extend the jurisdiction of the European Court of Justice (ECJ) to cover disputes arising from agreements with Neighborhood Partner Countries (NPC) under the European Neighbourhood Policy (ENP). This extension is essential for upholding the EU's constitutional principles, ensuring judicial review, and maintaining the coherence of EU external relations. The authors advocate for the ECJ as the most suitable judicial forum to address these disputes, emphasizing its role in reinforcing the EU's legal identity and capacity building.

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Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld Mar 2006

Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

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Solel Boneh Building And Infrastructure Ltd 2. Aryeh Insurance Company Ltd V. Estate Of The Late Ahmed Abed Alhamid Deceased, Aharon Barak, Yonatan Adiel, Mishael Cheshin, Eliezer Rivlin, Asher Grunis, Dorit Beinisch, Miriam Naor Feb 2006

Solel Boneh Building And Infrastructure Ltd 2. Aryeh Insurance Company Ltd V. Estate Of The Late Ahmed Abed Alhamid Deceased, Aharon Barak, Yonatan Adiel, Mishael Cheshin, Eliezer Rivlin, Asher Grunis, Dorit Beinisch, Miriam Naor

Translated Opinions

Facts: Ahmed Alhamid died in a work accident. His estate and dependents (the respondents) filed a claim against the appellants for compensation. During the proceedings, the respondents reached a settlement with the appellants, according to which the appellants would pay a sum of NIS 100,000 to the respondents. This settlement was given the force of a court judgment on 22 February 2004. Three weeks later, the Supreme Court gave its judgment in Estate of Ettinger v. Company for the Reconstruction and Development of the Jewish Quarter ([2004] IsrLR 101). In that judgment the Supreme Court held that if a person …

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Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver Feb 2006

Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver

Cardozo Law Review

No abstract provided.

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Remarks, Eli M. Rosenbaum Feb 2006

Remarks, Eli M. Rosenbaum

Cardozo Law Review

No abstract provided.

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From Nuremberg To Tokyo: Some Reflections On The Tokyo Trial (On The Sixtieth Anniversary Of The Nuremberg Trials), Zhang Wanhong Feb 2006

From Nuremberg To Tokyo: Some Reflections On The Tokyo Trial (On The Sixtieth Anniversary Of The Nuremberg Trials), Zhang Wanhong

Cardozo Law Review

No abstract provided.

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The Nuremberg Trials: A Reappraisal And Their Legacy: An Introduction, Sheri P. Rosenberg Feb 2006

The Nuremberg Trials: A Reappraisal And Their Legacy: An Introduction, Sheri P. Rosenberg

Cardozo Law Review

No abstract provided.

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Transitional Justice: Postwar Legacies, Ruti Teitel Feb 2006

Transitional Justice: Postwar Legacies, Ruti Teitel

Cardozo Law Review

No abstract provided.

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Toward A New Public Access Doctrine, Raleigh Hannah Levine Feb 2006

Toward A New Public Access Doctrine, Raleigh Hannah Levine

Cardozo Law Review

No abstract provided.

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Protecting The Rights Of Litigants With Diminished Capacity In The New York City Housing Courts, Jeanette Zelhof, Andrew Goldberg, Hina Shamsi Jan 2006

Protecting The Rights Of Litigants With Diminished Capacity In The New York City Housing Courts, Jeanette Zelhof, Andrew Goldberg, Hina Shamsi

Cardozo Public Law, Policy & Ethics Journal

The article addresses the challenges faced by individuals with mental illnesses or age-related infirmities in navigating the New York Housing Court system. It highlights the need for improved protections, including ADA accommodations and the right to counsel, to ensure equal access and fair proceedings for these vulnerable litigants.

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Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard Jan 2006

Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Cardozo Journal of Conflict Resolution

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …

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Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone Jan 2006

Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone

Cardozo Journal of Conflict Resolution

This Note will discuss the serious legal, ethical, and scientific questions raised by the dispute resolution process for anti-doping violations during the Olympic Games. Throughout the Note, I will highlight both procedural and substantive aspects of the process which raise sufficiently serious legal issues to merit an American court's agreement to review an Olympic arbitration award. Part I will discuss the rise of doping in sports, and the manner in which the problem has been, and is currently being addressed within the Olympic Movement. Part II will explain the hierarchy of sports governing bodies beneath the IOC and also discuss …

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Mediating Cases Involving Domestic Violence: Solution Or Setback?, Aimee Davis Jan 2006

Mediating Cases Involving Domestic Violence: Solution Or Setback?, Aimee Davis

Cardozo Journal of Conflict Resolution

This Note will first explore the psychological and social aspects of domestic violence. It will then examine the appropriateness of mediation for such cases, exploring viewpoints on the topic. Lastly, the Note will propose a standard to guide cases involving domestic violence. Although the victim should always have the final word on whether to mediate, a judge, psychologist, and mediator should collaborate and make a united recommendation as to how they suggest the victim should proceed. This will allow the victim to make a thoughtful and individualized assessment of her situation.

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Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis Jan 2006

Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis

Cardozo Journal of Conflict Resolution

Due to its success during the last thirteen years, New York's Commercial Division in the state's Supreme Court has become the model for other states and countries seeking to establish a commercial division for their court systems. Before 1993, New York's state court system had its dockets clogged with commercial cases. Judges who heard commercial litigation cases often did not have the expertise or resources to handle them well or give them proper attention. As a result, New York businesses turned to Delaware's Chancery Court, federal courts, and private dispute resolution to resolve their disputes and avoid the New York …

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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 Jan 2006

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 …

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The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo Jan 2006

The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo

Cardozo Journal of Equal Rights & Social Justice

The symposium report examines the impact of women in leadership roles on state courts, focusing on a panel discussion with four prominent female chief justices. It explores how their presence has influenced judicial decision-making and the potential for state courts to become champions of civil rights. While the panelists acknowledge the transformative potential of women on the judiciary, they also highlight challenges such as politicization and the need for greater emphasis on state constitutional law.

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Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson Jan 2006

Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.

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The Constitutional Validity Of Circuit Court Opinions Limiting The American Right To Sexual Privacy, Shelly Elimelekh Jan 2006

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

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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