International Law Commons^™

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 …

Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam

Articles

No abstract provided.

Retroactive Protection Of Visual Arts Published Without A Copyright Notice: A Proposal, Martin Bressler, Robert L. Seigel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

Articles

No abstract provided.

The Move To Institutions, David Kennedy

Cardozo Law Review

No abstract provided.

Some Unhurried Reflections On Copyright, Charles Mcc. Mathias Jr.

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cost-Benefit Analysis And The Determination Of Legal Entitlements: A Reply To Professor Carlson, Richard S. Markovits

Cardozo Law Review

No abstract provided.

Terrorism, Malvina Halberstam

Articles

No abstract provided.

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

Articles

No abstract provided.

Out Of Unesco And Into Berne: Has United States Participation In The Berne Convention For International Copyright Protection Become Essential?, Leonard D. Duboff, Harvey J. Winter, Lewis Flacks, Michael Keplinger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

Articles

No abstract provided.

Summary Judgment In Copyright: From Cole Porter To Superman, Alan J. Hartnick

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam

Articles

No abstract provided.

Aita V. Regional Commander Of Judea And Samaria, Meir Shamgar, Moshe Bejski, Yitzhak Shilo

Translated Opinions

The Petitioners carried on various businesses in their respective regions. They challenged the validity of enactments imposing excise duty on local manufacturers in Judea and Samaria and on goods and services in the Gaza Strip. along with maintaining accounting procedures. These had been levied following the introduction of Value Added Tax in Israel.

Their main submissions were (a) since the Regions where the Petitioners live and work were occupied territory. Article 43 of the Hague Regulations required the Regional Commander to respect existing law unless the circumstances rendered it absolutely impossible. Such circumstances did not obtain in the Regions; (b) …

Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam

Articles

No abstract provided.

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

Professor Nagel's Reflections On Cardozo, Anthony D'Amato

Cardozo Law Review

In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.

In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …

Dweikat Et Al. V. State, Moshe Landau, Alfred Witkon, David Bechor, Shelomo Asher, Miriam Ben-Porat

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

For this petition, we must consider the legality of establishing a civilian town (settlement) in Elon Moreh, on the outskirts of the city of Nablus, on land privately owned by Arab residents. On the morning of June 7, 1979, Israeli citizens, assisted by the IDF, began to settle on a hill east of the Jerusalem-Nablus road. The hill is entirely on rocky and undeveloped …

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

Israel Electric Corp. V. Ha'aretz, Moshe Landau, Moshe Etzioni, Yitzhak Kahan, Miriam Ben-Porat, Meir Shamgar

Translated Opinions

This is a petition for rehearing of a civil action for defamation. A majority of the panel of five Justices of the Supreme Court reinstated the District Court's judgment in favor of the Plaintiffs. The majority of the Court held -

1.      The constitutional right to free speech does not enjoy a status that is superior to the citizen's right to the protection of his good name, rejecting the contrary position taken by the United States Supreme Court in New York Times v. Sullivan. The task is to find the proper accomodation between these interests, when they conflict with …

Bergman V. Minister Of Finance, Moshe Landau, Shimon Agranat, Yoel Sussman, Zvi Berinson, Eliyahu Manny

Translated Opinions

Section 4 of Basic Law: The Knesset, requires that elections to the Knesset shall be "general, nationwide, direct, equal, secret and proportional". Sections 4 and 46 of this Law require that any amendment to section 4 be approved by an absolute majority of the Knesset. In 1969, the Knesset passed a Law providing public financing of the election campaign for the seventh Knesset, scheduled to be held in 1970. According to the provisions of this Law, which was not passed by an absolute majority, such funding is granted solely to party factions which are represented in the outgoing Knesset.

The …

Diab V. Attorney General, Moshe Silberg, Moshe Smoira, Alfred Witkon

Translated Opinions

The appellant was charged and convicted under section 53(a) of the Criminal Code Ordinance, 19361), with promoting civil war in that being a resident of Israel, he left the country, enlisted in an Arab "army" and served in it against Israel during the Arab-Israel War. The appellant contended that the acts with which he was charged did not constitute the offence described in the section which refers only to a civil war in the sense of a fight between residents within the State.

Held: That although the war in which the appellant had participated was not a civil war, and …

Lahisse V. Minister Of Defense, Shneor Zalman Cheshin, Moshe Silberg, Yitzhak Olshan

Translated Opinions

An officer in the Israel Army was charged before a military court in Israel with murder, an offence under S. 214(b) of the Criminal Code Ordinance 1936 and section 97 of the Army Code 1948. The officer submitted that the military court had no jurisdiction inasmuch as the acts with which he was charged were alleged to have been committed in Hula, a village in Lebanon, and outside the borders of either Israel, or Palestine as constituted under the Mandate. This submission was rejected, but the case was stood over to allow him to petition the High Court on the …

Wolff-Bloch V. Jerusalem District Assessing Officer, Alfred Witkon, Yoel Sussman, Shneor Zalman Cheshin

Translated Opinions

The appellant, a dentist who had travelled to the U.S.A., and had spent 10 weeks there studying the latest developments in her profession, claimed the expenses so incurred by her as a deduction for purposes of income tax on the ground that they were incurred "in the production of income." The Assessing Officer refused to allow the deduction and this decision was upheld by the District Court.

Held, allowing an appeal (Cheshin D.P. dissenting), that the expenditure incurred by the appellant was incurred for the purpose of preserving "an existing asset" and could properly be deducted.

Jiday V. Chief Execution Officer And Sweidan, David Goitein, Shimon Agranat, Zvi Berinson

Translated Opinions

The second respondent, the wife of the petitioner, claimed maintenance against her husband in the religious court of her community, the Greek Catholic Melkite Community. The religious court gave judgment in her favour and the petitioner, her husband, appealed to the Court of Appeal of the Community. The Appellate Court confirmed the judgment and ordered the petitioner to pay his wife the sum of IL. 90.- per month as follows: IL. 60.- monthly, commencing April, 1953, and the balance from his share in his father's estate, due after the father's death. The second respondent duly applied to the first respondent …

Kiwaan V. Minister Of Defense, Shneor Zalman Cheshin, David Goitein, Zvi Berinson

Translated Opinions

An order of deportation was issued against the petitioner who had lived in Palestine and who in the year 1948 had been registered in the Register of Inhabitants. He had been compelled in 1949 to leave the country as a result of army action and had lived for a while in a neighbouring Arab country. He returned to Israel without permission and as a result of subsequent court proceedings was held to be entitled to receive and did receive an identity card. The petitioner now contended that as he was the holder of an identity card and had become an …

New Zealand Insurance Company V. Yuval, Moshe Silberg, Simha Assaf, Moshe Landau

Translated Opinions

The plaintiff, a Haifa merchant, insured with the defendant, a company having its head office apparently in New Zealand and a branch in London, a consignment of 100 watches despatched to him from Paris. The policy, made in Haifa and mentioning the London branch, was in English and contained a "lost-or-not-lost" clause. In fact the watches had been sent from Paris twenty days before the issue of the policy, but this fact was not disclosed to the underwriters. The consignment was stolen while in transit in France, and only seven watches were recovered. It was impossible to determine whether the …

Amado V. Director Of The Immigrants' Camp, Pardes Hanna, Moshe Smoira, Menachem Dunkelblum, Shimon Agranat, Shneor Zalman Cheshin, Simha Assaf

Translated Opinions

A Civil Court in Paris granted a decree of divorce to the petitioner and second respondent (being respectively the wife and the husband), who were French nationals domiciled in France, and declared that the petitioner was entitled to the custody of the children, a girl aged seven years and a boy aged four and a half years at the time of the application, but ordered that the second respondent have access to them at stated times. On one of these occasions the second respondent smuggled the children out of France and brought them to Israel, where they were living with …