Suchergebnisse

Jerusalem in our time : past, present, and future / Maya Choshen -- Jerusalem : some legal aspects / Ruth Lapidoth -- The future settlement of the dispute over Jerusalem : strategical and institutional aspects / Moshe Hirsch -- Jerusalem and the U.S. Congress / Geoffrey Watson -- Rule and role in Jerusalem : Israel, Jordan, and the PLO in a peace-building process / Menachem Klein -- The Role of the Hashemite Kingdom of Jordan in a future permanent-status settlement in Jerusalem : legal, political, and practical aspects / Reuven Merhav and Rotem Giladi -- The Religious significance of Jerusalem in the Middle East peace process : some legal implications / Silvio Ferrari -- Haredim and Palestinians in Jerusalem / Menachem Friedman -- A New status for Jerusalem? An Eastern Orthodox viewpoint / Charalambos K. Papastathis -- Jewish-Muslim modus vivendi at the Temple Mount: al-Haram al-Sharif Since 1967 / Yitzhak Reiter -- Delicate balances at the Temple Mount, 1967-1999 / Amnon Ramon -- The municipal organization of the Jerusalem Metropolitan Area : conceptual alternatives / Shlomo Hasson -- Jerusalem economy and the peace process / Abraham (Rami) Friedman -- Environmental issues in the Jerusalem Metropolitan Area / Qasem Abdul-Jaber and Deborah F. Mir -- Living together and apart in Jerusalem : lessons learned / Bill Hutman and Amir Cheshin

In the United States, administrative law suffers from a perceived lack of legitimacy largely due to a lack of democratic accountability or what some have called a democratic deficit. These misgivings stem, in part, from a deep-seated American distrust of bureaucracy. This Article examines how the quest for legitimacy has led practitioners (and theorists) of administrative law to undertake our interrelated projects: the Accountability Project, the Rationality Project, the Transparency Project, and the Participatory Project, all designed to create a substitute or shadow form of democratic legitimacy. Through an examination of these projects, I clarify how they try to address the democratic deficit, and whether they effectively do so. Specifically, this article investigates the impact of judicial review, informal rule-making, increased access to information, and public participation as efforts to meet the legitimacy challenge. Moreover it disputes the contention that the pursuit of democratic legitimacy is less consequential for administrative law than the need for bureaucratic rationality, by illustrating that bureaucratic rationality is but one component of a larger scheme intended to serve as a functional substitute for legitimacy. At bottom, because Americans do not share the fondness for the technocratic model displayed by many other legal systems, legitimacy projects have an enduring place in American administrative law.

When The Fundamental Agreement between the Holy See and the State of Israel was signed on December 30, 1993, it established diplomatic ties between the Vatican and Israel for the first time. Published during the tenth anniversary year of this historic document, The Vatican-Israel Accords brings together essays that analyze the legal, historical, theological, and political meaning of the Accords. The compelling essays in this collection explore not only the document and events surrounding its signing, but also the past, present, and future of Catholic-Jewish relations. Contributors, who include scholars from Israel, Italy, France, Spain, and the United States, contend that the history and structure of the Accords offer lessons that may be instructive for others involved in seeking peaceful resolutions to conflict, particularly those who work for peace between Palestine and Israel. This book is for anyone interested in law, political science, ecumenism, diplomacy, or peace studies. ; https://scholarship.law.edu/fac_books/1025/thumbnail.jpg

Jewish scholars and commentators address various social issues and public policies from a Jewish perspective. Designing public policies to meet the needs of a diverse society is challenging, and the variety of necessary perspectives are often clouded by competing ideas about social responsibility, personal freedom, religious beliefs, and governmental intervention. Here, prominent Jewish scholars and commentators address various social issues and public policies from a Jewish perspective, using Jewish sources and documents to elucidate responses and propose solutions that are in keeping with Jewish law as set out by the major documents of the Jewish faith. ; https://scholarship.law.edu/fac_books/1034/thumbnail.jpg

One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found in a transparent 'rule of law' society are still lacking in the WBG. This article provides an examination of one such issue-the commercial arbitration laws applicable to foreign investment in WBG. It first briefly examines the operative arbitration laws applicable in the WBG. The paper addresses the Law on the Encouragement of Investment adopted by the Palestinian National Authority in 1995 and revised in 1998. It then reviews existing standards in international conventions and in neighboring countries. Next, it addresses relevant PA legislation, the legal personality of the PA, and what the PA can do to respond to the international community's need for certainty in dispute resolution procedures. Next, it examines how a PA arbitration law fits into the Interim Agreement. It then reviews the PA's current draft arbitration law, and finally, it suggests a draft Palestinian international commercial arbitration law. It considers, as well, the relationship between the PA and Israel in terms of the PA's ability to make legal agreements prior to any final resolution of the Arab-Israeli conflict.

In this short paper I hope to point out two aspects of twenty-first century political life that relate to the challenge of ensuring government accountability. The first point relates to how advances in computer and media technology increase the potential of government accountability and how these technological developments will increase implementation of the principle of subsidiarity, or, in the American context, devolution of political power to state and local governments. Second, I will address the impact of these developments on administrative law in the next century.

This essay attempts to examine some evolving notions of regulatory flexibility and show how, if at all, they fit in with the existing framework of the administrative state. It is a preliminary effort to suggest the kinds of flexibility that should be encouraged and discouraged. It will highlight as well, the effect of increased administrative flexibility on the structure of administrative law and the APA thereby raising the question whether the APA - a document written to structure both adjudication and rulemaking - is, in fact, well suited to regulate cooperation between industry and government.

Examines the Israeli, Palestinian, and American positions on the city's status. Some focus on theological issues.

The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."

An Administrative Conference perspective on the APA begins with the history of failed attempts to reform the APA. This does not mean that the APA's basic structure has not proved sound. For it has. Its weaknesses, if any, have been glossed over by judicial interpretation. Indeed, some of the reform bills may have attempted to do too much. Nevertheless, with the growth in the number of agencies, and the more adversarial atmosphere that attends today's regulated state, it is important that the APA remain a relevant document that permits application of innovation and fair and efficient procedure while serving as a unifying force in government operations. This article traces five potential areas of revision to the APA that Congress should consider in order to preserve the guiding role of the APA in administrative procedure. This focus on statutory change highlights and accomodates the significant changes that have occurred over the past four decades.

This article will first analyze different approaches to compensation rates in light of various theories of attorney fees. Second, it will review the case law developing the compensation formulas for court awarded fees and will consider the legislative history of statutory fee shifting. Finally, it will explore the meaning of the prevailing market rate formula and will show that courts using such a formula commonly misapply market rate analysis and fail to appreciate the need for a determination of reasonableness. While encouragement of litigation through fee shifting is a policy articulated in present statutes, awards based on the conventional (yet, in the view of this author, erroneous) theory of "prevailing" market rates may well lead to excessive fees, thus creating incentives for excessive litigation.