International Law Commons^™

Federalism, Secession, And The Limits Of Ethnic Accommodation: A Canadian Perspective, Robert Howse, Karen Knop

Cardozo Journal of International and Comparative Law

The article examines the limitations of federalism in addressing ethnic nationalism, focusing on case studies from Quebec and Lithuania. It argues that federalism alone is insufficient without robust protections for individual and minority rights, as increased regional power can exacerbate nationalist sentiments. The analysis critiques various justificatory models for secession, emphasizing the importance of balancing universal rights with national aspirations to achieve long-term stability and cohesion.

Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza

Translated Opinions

Following a number of brutal acts of kidnapping and murder committed by the Hamas and Islamic Jihad terrorist organisations is December, 1992, it was decided by the Government of Israel to empower the military commanders of Judea and Samaria and of the Gaza Strip to issue orders for the temporary deportation of the leaders of these two terrorist organisations who had taken part in organising and supporting acts of terror, for a period not exceeding two years. The two commanders thereupon issued (general) temporary provisions under the Defence (Emergency) Regulations, 1945 (from the time of the British Mandate but still …

The Corporate State And Broadcasting In Ireland: A National-Popular Program, Desmond Bell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

European Law: A Case Study Of Changes In National Broadcasting, Willem F. Korthals Altes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.

The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam

Articles

No abstract provided.

Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West

Cardozo Law Review

No abstract provided.

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

Articles

No abstract provided.

Subject: Object, Jeanne L. Schroeder

Articles

The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

Law As Discourse, George P. Fletcher

Cardozo Law Review

No abstract provided.

Hegel And The Problem Of Slavery, Steven B. Smith

Cardozo Law Review

No abstract provided.

Charles Dickens, International Copyright, And The Discretionary Silence Of Martin Chuzzlewit, Gerhard Joseph

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib

Cardozo Law Review

Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Cardozo Law Review

No abstract provided.

Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine

Cardozo Law Review

No abstract provided.

Islam And The State, Ann Elizabeth Mayer

Cardozo Law Review

No abstract provided.

The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Abuse Of The Diplomatic Bag: A Proposed Solution, Amy Zeidman

Cardozo Law Review

No abstract provided.

Association For Civil Rights V. Central District Commander, Meir Shamgar, Menachem Elon, Shulamit Wallenstein

Translated Opinions

Regulation 119 of the Defence (Emergency) Regulations 1945 authorizes a Military Commander to order the forfeiture and destruction or sealing of any house from which gun fire has issued or explosive or incendiary material was thrown unlawfully, and of any house in an area or village residents of which violated the Emergency Regulations involving violence or intimidation. These regulations, including the said Regulation 119, were promulgated by the British Mandate during the period of its rule in Palestine.

Regulation 119 continues to be in force in Israel by virtue of section 11 of the Law and Administration Ordinance enacted by …

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Articles

No abstract provided.

Law Thinking Itself: The Idealism Of International Law, Harry Brod

Cardozo Law Review

No abstract provided.

Autonomy And Community, Ardis B. Collins

Cardozo Law Review

No abstract provided.

Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam

Articles

No abstract provided.

The Impact Of Berne On United States Copyright Law, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

No abstract provided.

Fundamentals Of International Copyright: The Impact Of Berne The Framework Of International Copyright, Lionel S. Sobel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Al-Aziz V. Commander Of Idf Forces In The West Bank, Meir Shamgar, Shlomo Levin, Eliezer Goldberg, Miriam Ben-Porat, Gavriel Bach

Translated Opinions

The military commanders of the various occupied territories, acting pursuant to the Defence (Emergency) Regulations, 1945, ordered the deportation of the Petitioners from the territories, on the ground that they are involved in hostile activities against the State of Israel, such as to endanger the security of the state and the public peace. The Petitioners contend that the deportation orders violate Article 49 of the Fourth Hague Convention of 1949. Sitting in a panel of five Justices, the court denied the petitions, holding:

1. Article 49 of the Fourth Geneva Convention must be interpreted against the background of the outrages …