Dr. Shmueli Benjamin

Dr.
Photo_Benjamin_Shmueli.JPG
Telephone: 
03-5317072
Office: 
Room 103. New wing
Reception hours: 
Meetings should be coordinated in advance

Research

Research interests: 
  1. Tort law
  2. Risks and chances and probabilities in tort law
  3. Parent-child relations
  4. Intersections between family law and tort law (domestic violence, domestic torts - tort law claims against a spouse or a parent)
  5. Comparative law
  6. Jewish law
  7. Libel and slander and right to privacy
  8. Governmental contracts

media

Media

Selected Publications

  1. Unavoidable Decision (On the ‘disputed baby’, Ma’ariv (NRG) 2005. with Rhona Schuz.
  2. Uncertain Causation – Too Uncertain, 62 67 THE ADVOCATE 44-5 (2006), with Ron Shapira and Camil Fuchs.
  3. Parents or Civilians? Ma’ariv website (NRG) 6.25.07.
  4. On Mandated Reporting of Child Abuse in Jewish Law, Ministry Of Justice Jewish L. Rev. (2007).
  5. The Need to Compensate the Victims, 67 THE ADVOCATE 52 (2007).
  6. A Father First? 69 THE ADVOCATE 46 (2007).
  7. CBS' Kid Nation is in Deep Trouble, 71 THE ADVOCATE 54 (2007).
  8. How Many Years in Jail is the Life of a Toddler Worth?, Y-NET (2007).
  9. Losing Granny's services, HA'ARETZ, 8.15.07 (Hebrew version) and 8.16.07 (English version).
  10. Red Back (On Domestic Violence), Y-NET, 2007.
  11. New Sanctions on behalf of the Agunot, GLOBES 2007.
  12. It is Better to be Injured next to a Red and White Curbstone, HA'ARETZ, 2007, on parking according to road accidents law.
  13. Doctors' and Nurses' Mandated Reporting of Child Abuse and Neglect, 76 BEN-GURION MEDICAL SCHOOL JOURNAL 24-25 (2008).
  14. Talking in their Language – On Child Abuse in Minorities, MA’ARIV (NRG), 2008.
  15. What is Medical Malpractice? , 77 BEN-GURION MEDICAL SCHOOL JOURNAL 22-23 (2008).
  16. Developments in Medical Malpractice Law, 78 BEN-GURION MEDICAL SCHOOL JOURNAL 22-23 (2008), also to be published in the Journal of Budapest Medical School, Hungary.
  17. Agunot – Women whose Husbands Refuse to Give them a Get) Third Generation, 22 The Attorneys 9 (2008).
  18. Mandated Reporting of Child Abuse according to Jewish Law, 4 THE ADVOCATE 99-100 (2009).
  19. Economic Violence against a Spouse: Enforcement via Tort Law or Maintenance Law, 18 The Advocate (2013).

Publications

PUBLICATIONS

Articles:

  1. Calabresi's and Maimonides's Tort Law Theories—A Comparative Analysis and A Preliminary Sketch of a Modern Model of Differential Pluralistic Tort Liability based on the Two Theories, 26 Yale J. L. & Humanities (forthcoming, 2014), with Yuval Sinai. The Honourable Judge Prof. Guido Calabresi's response will be published in the same volume: 'We Imagine the Past to Remember the Future'—Between Law, Economics, and Justice in Our Era and according to Maimonides.
  2. “I'm not Half the Man I Used to Be: Exposure to Risk without Bodily Harm in Anglo-American and Israeli Law, 27 Emory Int'l L. Rev. (forthcoming, 2014).
  3. Tort Actions for Acts that are Valid according to Religious Family Law but Harm Women's Rights: Legal Pluralism in Cases of Collision between Two Sets of Law, 46 Vanderbilt J. Transnat'l L. 823 (2013).
  4. Humiliating Separation in Ultra-Orthodox Education: Tort Aspects and Policy Considerations, Democratic Culture in Israel and in the World, forthcoming 2013.
  5. Between Tort Law, Contract Law, and Child Law: How to Compensate the Left-Behind Parent in International Child Abduction Cases, 23 Columbia J. Gender & L. 65-131 (2012), with Rhona Schuz.
  6. Liability under Uncertain Causation? Four Talmudic Answers to a Contemporary Tort Dilemma, 30 Boston Univ. Int'l L.J. 449-95 (2012), with Yuval Sinai.
  7. Privacy for Children, 42 Columbia Human Rights L. Rev. 759-95 (2011), with Ayelet Blecher-Prigat. The article has been cited in The State, Respondent, v. Whitner, Appellant, Opinion No. 27142, South Carolina Sup. Ct., 2012 S.C. LEXIS 138.
  8. Corporal Punishment in the Educational System versus Corporal Punishment by Parents: A Comparative Perspective, 73 L. & Contemp. Prob. 281-320 (2010) (Duke Univ.), solicited.  http://www.law.duke.edu/journals/lcp/lcptoc73spring2010.
  9. Tort Litigation between Spouses: Let's Meet Somewhere in the Middle, 15 Harv. Negot. L. Rev. 201-65 (2010).
  10. What have Calabresi & Melamed got to do with Family Affairs? Women Using Tort Law in order to Defeat Jewish and Shari’a Law, 25 Berkeley J. of Gender L. & Justice 125-71 (2010).
  11. Love and the Law: Or, What’s Love Got to Do With It? 17 Duke J. of Gender L. & Policy 131-88 (2010).
  12. Offsetting Risks in Tort Law: Theoretical and Practical Difficulties, 37 Florida State Univ. L. Rev. 137-88 (2010).
  13. Corporal Punishment of Children in Jewish Law: Traditional Approaches Meet Modern Trends – A Comparative Study, 18 Jewish L. Annual (Boston Univ.) 137-212 (2010).
  14. The Interplay between Tort Law and Religious Family Law: The Israeli Case, 26 Arizona J. of Int'l & Comp. L. 279-301 (2009), with Ayelet Blecher-Prigat, leading article.
  15. Changing the Current Policy towards Spouse Abuse: A Proposal Inspired by Jewish Law for a New Model, 32 Hastings Int'l & Comp. L.J. 155-236 (2009), with Yuval Sinai.
  16. The Influence of the UN Convention on the Rights of the Child on Corporal Punishment – A Comparative Study, 10 Oregon Rev. Int'l L. 189-242 (2008).
  17. What Has Feminism got to do with Children’s Rights? A Case Study of a Ban on Corporal Punishment, 22 Wisconsin Women's L.J. 177-233 (2007), leading article.
  18. Who’s Afraid of Banning Corporal Punishment? A Comparative View on Current and Desirable Models, 26 Penn State Int' l L. Rev. 57-137 (2007). The article has been cited in the following publication: Sara Dillon, International Children’s Rights 638-49 (Carolina Academic Press, 2010), a whole chapter on "The State and the Family: From Non-Intervention to Absolute Bans on Corporal Punishment."
  19.  How to Compensate the Left-Behind Parent in International Child Abduction Cases: Between Child Law, Tort Law, and Contract Law, COLUMBIA J. GENDER & L., forthcoming spring 2012, with Rhona Schuz.

  20.  Liability under Uncertain Causation? Four Talmudic Answers to a Contemporary Tort Dilemma, BOSTON UNIV. INT'L L.J., forthcoming 2012, with Yuval Sinai.

  21. Privacy for Children, 42 Columbia Human Rights L. Rev. (2011), forthcoming, with Ayelet Blecher-Prigat. The article has been cited in: Eliakim Rubinstein, The Minor and the Law, 3-4 The Family in L. Rev. (2009-2010).

  22. Corporal Punishment in the Educational System versus Corporal Punishment by Parents: A Comparative Perspective, 73 L. & Contemp. Prob. 281 (2010) (Duke Univ.), solicited.

  23. Tort Litigation between Spouses: Let's Meet Somewhere in the Middle, 15 Harvard Negotiation L. Rev. (2010), forthcoming.

  24. What have Calabresi & Melamed got to do with Family Affairs? Women Using Tort Law in order to Defeat Jewish and Shari'a Law, Berkeley J. of Gender L. & Justice (2010), forthcoming.

  25. Love and the Law: Or, What's Love Got to Do With It? 17 Duke J. of Gender L. & Policy (2010), forthcoming.

  26. Offsetting Risks in Tort Law: Theoretical and Practical Difficulties, 37 Florida State Univ. L. Rev. 137-188 (2009).

  27. Corporal Punishment of Children in Jewish Law: Traditional Approaches Meet Modern Trends – A Comparative Study, 18 JEWISH LAW ANNUAL (Boston University) 137-212 (2010).

  28. The Interplay between Tort Law and Religious Family Law: The Israeli Case, 26 Arizona J. of Int'l & Comp. L. 279-301 (2009), with Ayelet Blecher-Prigat, leading article, available at http://www.law.arizona.edu/Journals/AJICL/. The article has been cited in Ellen M. Bublick, Foreign Tort Law: Beyond Europe, 26 Ariz. J. Int'l & Comp. L. 271 (2009)..

  29. Tort Compensation for Women Refused a Get – The Next Generation, 41 Hebrew Univ. of Jerusalem Law Rev. (Mishpatim), 153-254 (2011).

  30. The Goals of Modern Tort Law: A Proposal for a New Mixed-Pluralistic Theory, 39 Hebrew Univ. of Jerusalem Law Rev. 233-345 (Mishpatim) (2009).
  31. The article has been cited in the following judgments and publications: Zipora Cohen, Shareholders in Companies (vol. 3, 2010), in a chapter that deals with liability of shareholders in negligence
  32. Tort Law Suits against a Spouse: Litigation or Immunity? Mechqarei Mishpat (Inquiries in Law – Bar Ilan L. Rev.), forthcoming 2010.
  33. The Influence of Basic Law: Human Dignity and Freedom on the Ban on Corporal Punishment in Israel, 8 KIRYAT ONO L. REV., a volume in honor of Prof. Aharon Barak, former President of Israel Supreme Court, forthcoming 2009.

Chapters in Books - Hebrew

  1. Corporal Punishment of Children by their Parents in Jewish law and Israeli Law, in Application of Jewish Law in Israeli Case Law 124-43 (Yuval Sinai ed., 2009).

Articles in Books - Hebrew

  1. Breach of Privacy and Humiliating Photographs in Prison Cell and in Public Domain, in Privacy in an Era of Changes 133-99 (The Israel Democracy Institution, Tehilla Schwartz-Altshuler ed., 2012).
  2. Between Assault, Abuse and Corporal Punishment, in Children's Rights and the Israeli Law 63-100 (Tamar Morag ed., Ramot Pub. – Tel Aviv University, Minerva Center at the Hebrew University of Jerusalem & and the College of Management, 2009).
  3. Legal Commandment Regarding Parental Love of a Child and Damages for Emotional Neglect: Will State Law Follow Natural Law, in Laws Regarding Love 272-349 (Hana Naveh and Orna Ben-Naftali eds., Tel-Aviv University, 2005).
  4. Breach of Privacy and Humiliating Photographs in Prison Cell and in Public Domain, in MEDIA AND PRIVACY IN ISRAEL (The Israel Democracy Institution, Tehilla Schwartz-Altshuler ed., forthcoming 2011).

  5. The Story of the Talmudic Act – Is it also an Independent Source of Halacha?, SEFER ELON [Elon Book] (Aharon Barak and Aviad Hacohen eds.) (Hebrew), published on the 80th Birthday of the Deputy President of the Supreme Court Justice Menachem Elon, forthcoming 2010.

Books

1. Family in Law Review vol. 1 (2007), founder and co-editing with Rhona Schuz and Ayelet Blecher-Prigat.

2. Family in Law Review vol. 2 (2009), co-editing with Rhona Schuz and Ayelet Blecher-Prigat.

3. Family in Law Review vol. 3 (forthcoming 2010), co-editing with Rhona Schuz and Ayelet Blecher-Prigat.

4. Family in Law Review vol. 4 (forthcoming 2011), co-editing with Rhona Schuz, Ayelet Blecher-Prigat, Shahar Lifshitz and Yael Ronen.

 

Chapters in Books - hebrew

1. Corporal Punishment of Children by their Parents in Jewish law and Israeli Law, in Application of Jewish Law in Israeli Case Law 124-143 (Yuval Sinai ed., 2009) (Hebrew).

Articles in Books - Hebrew

1. Breach of Privacy and Humiliating Photographs in Prison Cell and in Public Domain, in MEDIA AND PRIVACY IN ISRAEL (The Israel Democracy Institution, Tehilla Schwartz-Altshuler ed., forthcoming 2011).

2. Between Assault, Abuse and Corporal Punishment, in CHILDREN'S RIGHTS and the Israeli Law 63-100 (Tamar Morag ed., Ramot Pub. – Tel Aviv University, Minerva Center at the Hebrew University of Jerusalem & and the College of Management, 2009).

The article has been cited in the following publications: Drora Nachmani-Roth, Mandated Reporting on Child Abuse, 3 Family in L. Rev. (2010); Tamar Morag, Committee on the Rights of the Child – Conclusions, 3 Family in L. Rev. (2010).

The article has been cited in the following publication: Drora Nachmani-Roth, Mandated Reporting on Child Abuse, 3 Family in L. Rev. (2010).

3. The Story of the Talmudic Act – Is it also an Independent Source of Halacha?, SEFER ELON [Elon Book] (Aharon Barak and Aviad Hacohen eds.) (Hebrew), published on the 80th Birthday of the Deputy President of the Supreme Court Justice Menachem Elon, forthcoming 2010.

4. Legal Commandment Regarding Parental Love of a Child and Damages for Emotional Neglect: Will State Law Follow Natural Law, in LAWS REGARDING LOVE 272-349 (Hana Naveh and Orna Ben-Naftali eds., Tel-Aviv University, 2005) (Hebrew). The article discusses a variety of legal models which rely on Israeli, American and Jewish law concerning the above question and it draws a connection between torts law and family law on issues of parent-child relations.

The article has been cited in the following publications: ; Judge Bilha Cahana, PhD., Parents Tort Liability towards their Children 124, 141, 184, 185, 261, 304, 332, 334, 336, 341, 376, 377, 382, 385 (2008); Dalia Even-Lahav (2006); Roy Gilber (2007).

 LINK:

http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1390555

LEGAL OPINIONS FOR LEGISLATURE (PARLIAMENT) AND COURTS

1. On the Draft for Expanding Mandated Reporting on Child Abuse and Neglect, for the Knesset (Israel's Parliament), 2007.

2. On the Draft for Expanding Mandated Reporting on Child Abuse and Neglect - A Complementary Opinion, for the Knesset (Israel's Parliament), 2007.

3. Parental Surveillance of Children and the Right for Privacy (with Dr. Blecher-Prigat), for the Knesset (Israel's Parliament), 2006.

4. A Suggestion for the Chapter on Children's Rights in Israel's Constitution, for the Knesset (Israel's Parliament), 2005.

5. Corporal Punishment of Children by their Parents in Jewish law and Israeli Law, for Cr. File 1891/04, State of Israel v. Harnoi (2005) by the Deputy Head of the Kfar-Saba Magistrate Court, Hon. Judge Chanoch Fedder.

 

OTHER PUBLICATIONS

1.     On Children's Rights in Different Legal Aspects, 3-4 The Family in L. Rev., forthcoming 2010 (co-author).

2. The Family in Law: Creation, Dissolution and Preservation of the Family Unit: An Introduction, 1 THE FAMILY IN LAW REV. 1 -12 (2007), with Dr. Schuz & Dr. Blecher-Prigat.

3. Round (Family) Table - a Decade to the Family Court: Vision vs. Reality, 2 THE FAMILY IN LAW REV. (2008), with Michal Ben-Shabbat, Dr. Schuz & Dr. Blecher-Prigat, at the printers.

4. Strict Punishment of Violent Teachers, NEWS FIRST CLASS, 12.23.04.

5. Conflicts between Children's Rights and the Best Interest of the Family, 1 SHE'ARIM LAMISHPAT (GATES FOR LAW) (2005).

6. A Parent's Love of his Child and Damages for Emotional Neglect, 1 SHE'ARIM LAMISHPAT (GATES FOR LAW) (2005).

7. Unavoidable Decision (On the ‘disputed baby', in collaboration with Dr. Rhona Schuz), MA'ARIV website (NRG) 4.21.05.

8. Compensation for the Children of a Murder Victim, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, 6.17.05.

9. On Violence and Bullying Children by their Friends, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, 6.17.05.

10. Unnecessary Use of a Super Gun" (On the possibility of declaring minors who block roads and refuse to identify themselves as "youths in need" under the Youth Law) MAKOR RISHON, 6.10.05.

11. Slapping a Pupil - Is it Contrary to Law? NEWS FIRST CLASS, 6.12.05.

12. Abuse of Dependent Patients in Psychiatric Hospitals - What Does the Law Say?, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, 2.21.06.

13. The Pressure of the Wedding Ring, NEWS FIRST CLASS, 5.15.06.

14. Uncertain Causation - Too Uncertain, 62 67 THE ADVOCATE 44-5 (2006), with Prof. Ron Shapira and Prof. Camil Fuchs.

15. How much does it Cost to call on someone "You Nazi", NEWS FIRST CLASS, 11.26.06.

16. The reporting on a Minor who Hits his Sibling, NEWS FIRST CLASS, 11.27.06.

17. Good News for the Children in Greece - No longer Corporally Punished, NEWS FIRST CLASS, 11.30.06.

18. Negotiations and Trade-In between Judges, NEWS FIRST CLASS, 12.21.06.

19. Parents or Civilians? MA'ARIV website (NRG) 6.25.07.

20. What is the Right Punishment for a Savage who Abuses his Children? NEWS FIRST CLASS, 2.11.07.

21. On Mandated Reporting on Child Abuse in Jewish Law, MINISTRY OF JUSTICE JEWISH LAW REVIEW (2007).

22. The Need to Compensate the Victims, 67 THE ADVOCATE 52 (2007).

23. A Father First? 69 THE ADVOCATE 46 (2007).

24. CBS' Kid Nation is in Deep Trouble, 71 THE ADVOCATE 54 (2007).

25. How Many Years in Jail is the Life of a Toddler Worth?, Y-NET, 8.3.07.

26. Losing Granny's services, HA'ARETZ, 8.15.07 (Hebrew version) and 8.16.07 (English version), see http://www.haaretz.com/hasen/spages/894046.html

27. Red Back (On Domestic Violence), Y-NET, 8.15.07.

28. New Sanctions on behalf of the Agunot, GLOBES 8.20.07.

29. It is Better to be Injured next to a Red and White Curbstone, HA'ARETZ, 10.2.07, on parking according to road accidents law.

30. Doctors' and Nurses' Mandated Reporting on Child Abuse and Neglect, 76 BEN-GURION MEDICAL SCHOOL JOURNAL 24-25 (2008).

31. Talking in their Language - On Child Abuse in Minorities, MA'ARIV website (NRG), 3.31.08.

32. What is Medical Malpractice? , 77 BEN-GURION MEDICAL SCHOOL JOURNAL 22-23 (2008).

33. Tort Compensation for Abandoned Wives (Agunot - Women whose Husbands Refuse to Give them a Get) - Next Generation, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, 6.22.08.

34. Developments in Medical Malpractice Law, 78 BEN-GURION MEDICAL SCHOOL JOURNAL 22-23 (2008), also to be published in the Journal of Budapest Medical School, Hungary.

35. Compensation for Abandoned Wives (Agunot - Women whose Husbands Refuse to Give them a Get) for Emotional Abuse, Makor Rishon, 8.22.08.

36. Corporal Punishment in Jewish Law, HaTzofe Newspaper, 7.4.08.

37. Agunot - Women whose Husbands Refuse to Give them a Get) -Third Generation, 22 The Attorneys 9 (2008).

38. Mandated Reporting on Child Abuse according to Jewish Law, 4 THE ADVOCATE 99-100 (July 2009).

39. Where was the Family?, on mandated reporting on child neglect, Makor Rishon, 7.20.09.

40. Unlike in New Zealand: On Corporal Punishment for Schoolchildren, Israel Today, 8.25.09.

Work in progress

 

Work in Progress

Books

  1. Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality – with Yuval Sinai
  2. Tort and Contract Law vs. Jewish, Shari’a and Christian Law: Legitimate Religious Practices Actionable under Civil Law

Resume

 Resume

 

PROFESSIONAL EXPERIENCE

2013-2014:      Senior Research Scholar, Yale Law School.

2013:               Senior Research Scholar, Yale Law School (January – February 2013).

2010 - :            Faculty, Bar Ilan University Law School, Associate Professor; Director of the Commercial Law Center (2010-2013). I teach the following courses and seminars: Tort law, Domestic Torts, Domestic Violence, The Intersection between Tort Law and Other Fields of Law, Governmental Contracts. I directed the Civil Legal Aid Clinic (2012/13).

2006 – 2008:   Visiting Professor, Duke University School of Law.

2008 - :            Lecturer at workshops for Judges and Judges' assistants and for the Israeli Bar Association (torts, family law, tenders law (governmental contracts law).

2005 - :            Co-editor (with Dr. Rhona Schuz and Dr. Ayelet Blecher-Prigat) and founder of the Israeli law review, The Family in Law Rev.

2004 - 2010:

  • Faculty, Sha’arei Mishpat Law College, Israel. Associate Professor (since June 2008).
  • Co-Director and founder of the Center for the Rights of the Child and the Family at Sha’arei Mishpat Law College. Along with the National Council for the Child, the Center also operates a legal clinic for children's rights.
  • Academic director of the legal clinics in the College (2008-2010).
  • Academic advisor to the pre-academic preparatory courses offered by the College (2004-2006).
  • Member of curriculum committee.
  • Adjunct Prof. at Tel Aviv University Law School, Bar Ilan University Law School and Netanya Academic College.
  • Lecturer on study days held by the Teachers Association (formerly the Teachers Union) on domestic violence and defamation.

2001 - :

  • Lecturer at workshops on tenders law (governmental contracts law) for civil servants at the Center for Commercial Law, Bar-Ilan University, and at the Israel Bar Association.
  • Training development advisor in the IDF Intelligence School (2001-2005).
  • Moderator in workshops conducted by “The Tradition of Law in Israel”.

1998-2003:

  • Teaching Assistant - tort law in Bar Ilan University (Prof. Ziporah Cohen and Dr. Arie Reich) and in the Academic College, Netanya (Prof. Ziporah Cohen). Jewish law in Tel Aviv University (1999-2001, Prof. Elimelech Westreich and Dr. Arieh Edrei), in Bar Ilan University (2002-2003, Dr. Yaakov Haba) and in the Kiryat Ono Academic College (2003, Dr. Itzhak Brand).

1998-1999:

  • Legal internship and pre-legal internship in Slephoy - Maoz and Co. Law Firm in Ramat Gan.

1996-1998:

  • Secretary of the Tenders Committee of the Transportation Ministry.

MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS AND COMMITTEES

2011                Member of a committee for the examination of the legal clinics at Bar-Ilan University.

2011                Member of the organizing committee of the Israeli Annual Conference of Law and Society (ILSA) at Bar-Ilan University.

2009-2010:      Member of the organizing committee for the Annual Conference of the Israeli Bar, Eilat.

2008-               Member of ALEA (American Law and Economics Association), ELEA (European Law and Economics Association), and LSA (Law and Society Association).

2007 - :                        Member of the Israeli executive committee of ILSA (International Law & Society Association).

1999 - :            Member of the Israel Bar Association.

HONORS AND AWARDS

2002-2005:      Grant of the President of Bar-Ilan University for Ph.D. students – awarded with distinction, $40,000.

2003:               Riklis Foundation Prize for Research on Jewish Studies – $8,000.

2002:               Seuss Foundation Grant for PhD students with distinction – $2,000.

1994:               Distinction grant for first year studies, LLB degree, Faculty of Law, Bar Ilan `      University.

EDUCATION

2000-2005:      PhD studies in the Faculty of Law, Bar Ilan University. Subject of the PhD thesis: Legal Intervention in Relationships between Parents and Children: Corporal Punishment, False Imprisonment and Neglect. Tutors: Prof. Yaffa Zilbershats (Dean) and Dr. Shimon Ettinger. The PhD was confirmed in May, 2005. The dissertation has been cited in the book of judge Bilha Cahana, PhD., Parents Tort Liability towards their Children 29, 124, 268, 273, 276, 336, 383 (2008).

1994-1998:      LLB (cum laude) and LLM (magna cum laude) in the direct studies course for cum laude students in the Bar-Ilan University, Faculty of Law.

EDITING LAW JOURNALS

  • Founder and the editor-in-chief of the peer-reviewed journal THE FAMILY IN LAW REV., vol. 1 (2007), vol. 2 (2008), volumes 3-4 (the rights of the child) (2009-10), vol. 5 (international volume on family law), now editing volume 6 (2013).
  • Co-editor of a volume of 29:1 Bar-Ilan Law Review (peer-reviewed journal) on tort law in honor of Israeli Supreme Court Vice President for his retirement (with Prof. Ariel Porat and Prof. Shahar Lifshitz), 2013.
  • Since 2012, founder and editor of Mischari, the online journal of the Center for Commercial Law Studies at Bar-Ilan University. This is a monthly newsletter dealing with legal innovations in various fields, which is distributed to all jurists and academics. The material of the newsletter is organized into sections according to different legal areas. Among the authors are law students in all the programs, writing under the guidance of leading lawyer, alumni of the faculty, and partners in large law offices.

 

LEGAL OPINIONS FOR LEGISLATURE (PARLIAMENT) AND COURTS

  1. On the Draft for Expanding Mandated Reporting of Child Abuse and Neglect, for the Knesset (Israel’s Parliament), 2007.
  2. On the Draft for Expanding Mandated Reporting of Child Abuse and Neglect – A Complementary Opinion, for the Knesset (Israel’s Parliament), 2007.
  3. Parental Surveillance of Children and the Right for Privacy (with Dr. Blecher-Prigat), for the Knesset (Israel’s Parliament), 2006.
  4. A Suggestion for the Chapter on Children’s Rights in Israel’s Constitution, for the Knesset (Israel’s Parliament), 2005.
  5. Corporal Punishment of Children by their Parents in Jewish law and Israeli Law, for Cr. File 1891/04, State of Israel v. Harnoi (2005) by the Deputy Head of the Kfar-Saba Magistrate Court, Hon. Judge Chanoch Fedder.

 

CONFERENCES AND WORKSHOPS – Selected Talks

  1. “Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality,” with Yuval Sinai, forthcoming (2014) in the Yale Law School Legal History Forum.
  2. “Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality,” with Yuval Sinai, forthcoming (2014) in the NYU Tikvah Center.
  3.  “Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality,” with Yuval Sinai, forthcoming (2014) in the Fordham Law School Annual Woolf Lecture
  4. “It's all about Timing: Ex Ante or Ex Post Liability Rule for the Damaging Party and the Collective Action Problem,” with Yuval Sinai, forthcoming (2014) in the University of Connecticut Law School.
  5.  “Ex Ante or Ex Post Liability Rule for the Damaging Party: A New Look at Calabresi and Melamed's Fourth Rule and the Collective Action Problem,” with Yuval Sinai. 1st consortium on private law, sponsored by Harvard, Pennsylvania, McGill, Oslo, Tranto, and Bar-Ilan Law Schools, Bar-Ilan University, 2013.
  6.  “'I'm Not Half the Man I Used to be': Exposure to Risk Without Bodily Harm,” Fifth Annual Meeting of the Society for Environmental Law and Economics (SELE), Bar Ilan Univ., 2013.
  7. “Assumption of Risk: Comment, International Conference on New Approaches for a Safer and Healthier Society,” Tel-Aviv Univ., 2013.
  8. Chair, Criminal Law Session, A conference for the retirement of the President of the Israeli Supreme Court, Dorit Beinish, Bar-Ilan University and Hebrew University, 2013.
  9. “Intrafamilial Tort Actions,” Rackman Center 10th Annual Conference, Bar-Ilan University, 2013.
  10. “Law & Economics and Maimonides's Tort Law Theories— A Comparative Analysis and a Preliminary Sketch of a Modern Model of Differential Pluralistic Tort Liability Based on the Two Theories,” ILEA – Israeli Law and Economics Annual Conference, IDC, 2012.
  11. “Mediation in Intra-Spousal Tort Disputes,” A conference on Therapist and Alternative Practices in Law, Bar-Ilan University, 2012.
  12. “Cheapest Cost-Avoider 800 Years before Calabresi? Analysis of Maimonides’s Law of Torts from the Perspective of Law and Economics,” The 2012 Annual Conference of the European Association of Law and Economics (EALE), Stockholm, 2012, with Yuval Sinai.
  13. “A Modern Model of Differential Pluralistic Tort Liability based on the Theories of Maimonides and Calabresi,” The Jewish Law Association 17th International Conference, Yale Law School, 2012. Commentator: Honorable Prof. Guido Calabersi
  14. “Tort Actions for Acts that are Valid according to Religious-Family Law but Harm Women's Rights: Legal Pluralism in Cases of Collision between Two State-Law Agents,” Joint Symposium on Critical Reflections on Legal Pluralism in the State and Beyond, Osgoode Hall Law School, York University & The Faculty of Law, Bar Ilan University, Bar Ilan University, Israel, 2012.
  15. “The Gates to the Road Accidents Law,” A conference for the retirement of the Deputy President of the Israeli Supreme Court, Eliezer Rivlin, Bar-Ilan University, 2012.
  16. “A New Approach to Balancing the Goals of Tort Law,” Annual conference of the Private Law Association, Bar-Ilan University, 2012.
  17. “Compensation for Victims in the Criminal Law,” A conference on felonies' victims, Bar-Ilan University, 2012.
  18.  “Exposure to Risk with no Harm,” The 2011 Annual Conference of the European Association of Law and Economics (EALE), the University of Hamburg, 2011.
  19.  “Instrumental Theories Vs Corrective Justice: A New Approach to Balancing the Goals of Contemporary Law,” The 2011 Annual Conference of the European Association of Law and Economics (EALE), at the University of Hamburg, 2011.
  20.  “Mandatory Reporting on Child Abuse and Neglect – A New Proposal,” International Conference on Kaleidoscope of Child Maltreatment and Abuse, Haifa Univ., 2011.
  21. “The New Weapon of Women Refused a Get: Tort Action,” A conference for the Bar-Ilan Law School Alumni, Haifa, 2011.
  22. “Corporal Punishment – A Comparative View,” Global Summit on Ending Corporal Punishment and Promoting Positive Discipline, SMU University, Dallas, Texas , 2011.
  23.  “Civil Actions against a Spouse/Partner for Child Abduction,” A conference on child abduction and immigration in the aspect of family law, international law and tort law, Bar-Ilan University, 2011.
  24. “Corporal Punishment for Children in Songs and in the Law,” Israeli Song Conference, Bar-Ilan University, 2011.
  25.  “Probabilistic Causation and Damages for Healthy Plaintiffs,” A conference on probabilistic causation, Bar-Ilan University, 2011.
  26.  “Tort Litigation against Family Members,” A conference in honor of Prof. Zipora Cohen for her retirement, Bar-Ilan University, 2010.
  27. “Tort Actions for Breach of Visitation Rights and Child Abduction,” A conference on women, family and the law, Bar-Ilan Univ., 2010.
  28.  “Civil Actions against a Spouse/Partner for Child Abduction,” with Rhona Schuz, Israeli ILSA Annual Conference 2010, IDC Hertzliya, 2010.
  29. “Privacy for Children vis-à-vis their Parents,” with Ayelet-Blecher-Prigat, Israeli ILSA Annual Conference 2010, IDC Hertzliya, 2010.
  30. “The Emanuel Case – Tort Aspects,” A conference on the Emanuel Case of Students' Discrimination, Bar-Ilan University, 2010.
  31. “Women Using Tort Law in order to Defeat Jewish Law and Sharia'a Law: What have Calabresi and Melamed got to do with Family Affairs,” ALEA (American Law and Economics Association) Annual Conference, Princeton University, 2010.
  32. “Tort Litigation between Family Members,” Conference on the Intersection between family law, torts and contracts, Haifa University, 2010. http://actv.haifa.ac.il/programs/Item.aspx?it=1845
  33. Coerced Get (Get Me'use), Financial Coercion (Ones Mamon) and the Jurisdiction Struggle: Tort Compensation for Women Refused a Get, The International Society of Jewish Law Annual Conference, Israel, 2010.
  34.  “Tort Compensation for Women Refused a Get – The Next Generation,” Israeli ILSA Annual Conference 2009, Tel Aviv University, 2009.
  35. “What have Calabresi and Melamed got to do with Family Affairs,” ISFL (International Society for Family Law) Annual Conference, Sha'arei Mishpat Law College and Bar-Ilan University, Israel, 2009.
  36. "A New Model for Clinical Education: Making Uneconomical ADR Procedures in the Community more Accessible," Israeli ILSA Annual Conference 2009, Tel Aviv University, 2009.
  37. “Mandated Reporting of Child Abuse and Neglect - An International Children's Right vs. Liberty, Privacy & and Family Autonomy,”A Conference on Family – an International Affair, The Concord Research Center for the Integration of International Law in Israel, College of Management, 2009.

  38.  “The Interplay between Tort Law and Religious Family Law: The Israeli Case” AALS' (The Association of American Law Schools) Annual Conference, Tort law session, San Diego, California, 2009, with Ayelet Blecher-Prigat.
  39. “Law and TV – Between Children's Rights and Reality TV,” Israeli ILSA Annual Conference 2008.
  40. “Children's Privacy in a Technological World,” Israeli ILSA Annual Conference 2008, with Ayelet Blecher-Prigat.
  41. “Intrafamilial Tort Litigation,” Israeli ILSA Annual Conference 2008.
  42.  “The Value of Life in Law and Economics: Comment,” EALE - European Association of Law and Economics 25th Annual Conference, Haifa University,2008.
  43.  “Private Regulation in Medical Malpractice – Is it an Appropriate Idea?,” International conference on “Medical Accidents and Patient Safety in Israel: Legal and Interdisciplinary perspectives,” Tel-Aviv University Law School, 2008.
  44.  “Corporal Punishment in Multicultural Society,”Israeli ILSA Annual Conference 2008, Haifa University, 2008.
  45.  “The Use of Tort Law in Courts for Family Affairs,” conference on family and law, Sha’arei Mishpat Law College, 2008.
  46.  “The Scope of Tort Liability and the Borders of Omission in Negligent Treatment of Children in High Risk,” conference on Tort Law Suits against Welfare Authorities and Agents, Sha’arei Mishpat Law College, 2007.
  47. The “Golden Rule” vs. “Love thy Neighbor” as a Basis for The Law of Torts - A Comparative Look at the Jewish and American Legal Systems, Duke Law School, 2007.
  48. Corporal Punishment of Children: Comparative View of Current and Desirable Models,” The International Conference of Law and Society in the 21st Century- ILSA, Humboldt University, Berlin, 2007.
  49. Co-chair of the session “Who's Watching, Who's Listening? Parent-Child Relationships and the Law,“ The International Conference of Law and Society in the 21st Century- ILSA, Humboldt University, Berlin, 2007.
  50. In the Eye of the Camera and the Law: Parental Surveillance of Children,” The International Conference of Law and Society in the 21st Century- ILSA, Humboldt University, Berlin, 2007.
  51.  “The influence of the UN Convention on the rights of the child and Basic Law: Human Dignity and freedom on Banning Corporal Punishment in Israel,” Ono Academic College, 2007.
  52. Delivery of a workshop on “Who’s Afraid of Banning Corporal Punishment? A Comparative View on Current and Desirable Models,” Duke Law School, 2007.
  53. “Corporal Punishment – A Comparative View” for Visiting Scholars, Duke Law School, 2006.
  54. “Family Law in Israel” for Judges of Court for Family Affairs from Jordan, Duke Law School, 2006.
  55.  “Between Tort Law and Family Law – on Compensation for Abandoned Wives (Agunot) ,” a conference on Compensation for Abandoned Wives (Agunot), Sha’arei Mishpat Law College, 2006.
  56.  “'Love does not Dominate; it Cultivates' - Modes of Contending with  Spouse Abuse  in Tort Law, Criminal Law and Family Law – A Proposal for a New-Old Model” during a conference on spouse abuse, Netanya Academic College, 2005.
  57.  “Corporal Punishment in Jewish Law, ” a conference on “5 Years since the courts abolished Corporal Punishment, ” Sha’arei Mishpat Law College, 2005.
  58.  “Law, Morality and Love of One’s Neighbor: the Substance of the Rule ‘and Ye shall Love thy Neighbor as Thyself’ in Jewish and General Law,” the World Congress of Jewish Studies, Hebrew University Jerusalem, 2005.
  59. “Recent changes in the law of torts,” a conference held by the Israeli Association of Insurance Law (AIDA), Sheraton Hotel, Tel Aviv, 2005.
  60. “Uncertain Causation – Too Uncertain: On its Assessment, Compensation on the Basis of Probability and Preponderance of Evidence in the Law of Torts, ” a conference on “Uncertain Causation and Compensation on the Basis of Probability – Is this a Revolution in Tort Law?”, Sha'arei Mishpat Law College, 2005.
  61. Moderation of a conference inaugurating the Center for the Rights of the Child and the Family in Sha’arei Mishpat Law College as Co-Director of the Center together with Rhona Schuz, Sha’arei Mishpat Law College, 2005.
  62. “Degree of Influence of Feminist Theories Concerning the Promotion of Children’s Rights in Relation to Corporal Punishment,” within the framework of the 13th Annual Conference on Women and Gender Studies and Feminist Theories of the Forum for Women’s Studies together with NCJW and the Program for Women and Gender Studies: Feminism, Law and Social Change, Tel Aviv University, 2005.
  63.  “Mandated Reporting of Child Abuse and Neglect”, a conference on the 15th Anniversary of the Duty to Report Offences of Cruelty against Children,” Sha’arei Mishpat Law College, 2005.
  64. “Conflicts between the Rights of the Child and the Good of the Family”, a conference on “Conclusions of the Committee Examining the Rights of the Child” (Rotlevy Committee), Sha’arei Mishpat Law College, 2004.
  65. “Governmental Contracts”, a workshop for Ministry of Transportation staff on the law of tenders (governmental contracts), Ma’aleh Hahamisha, 1998.

CONFERENCES AND WORKSHOPS  – ORGANIZATION

  1. Co-organizing (with Prof. Ariel Porat and Prof. Shahr Lifshitz) a conference for the retirement of the Deputy President of the Israeli Supreme Court, Eliezer Rivlin, Bar-Ilan University, 2012.
  2. Co-organizing the ILSA (Israeli Law & Society Association) Annual Conference 2011, (Bar-Ilan Univ., Israel), 2011.
  3. Co-organizing a conference on Child Abduction and Immigration, Bar-Ilan University, 2011.
  4. Co-organizing a conference for Bar-Ilan Faculty of Law's alumni, Neve-Ilan (Jerusalem), 2011.
  5. Co-organizing a conference on probabilistic causation, Bar-Ilan Univ., 2011.
  6. Co-organizing a conference on torts and corporation law, for the retirement of Prof. Zippora Cohen, Bar-Ilan University, 2010.
  7. Co-organizing the ILSA Annual Conference 2010, IDC (Inter-disciplinary Center, Hertzliya, Israel), 2010.
  8. Co-organizing the ISFL (International Society for Family Law) Annual Conference, Sha'arei Mishpat Law College and Bar-Ilan University, Israel, 2009.
  9. Co-organizing the ILSA Annual Conference 2008, The Hebrew University of Jerusalem, 2008.
  10. Co-organizing a conference on family and law, Sha’arei Mishpat Law College, 1.1.08.
  11. Co-organizing a conference on Tort Law Suits against Welfare Authorities and Agents, Sha’arei Mishpat Law College, 2007.
  12. Organizing a conference on 10 Years since the establishment of Family Courts in Israel, Sha’arei Mishpat Law College, 2006.
  13. Organizing a conference with Ayelet Blecher-prigat on Compensation for Abandoned Wives (Agunot),” Sha’arei Mishpat Law College, 2006.
  14. Organizing (with Rhona Schuz) and moderating a conference on paternity tests with the participation of Retired Deputy President of the Supreme Court Justice Menachem Elon. Sha’arei Mishpat Law College, 2005.
  15. Organizing a conference on “5 Years since the courts abolished Corporal Punishment,” Sha’arei Mishpat Law College, 2005.
  16. Organization with Rhona Schuz and moderation of a conference on “The Adoption of Children in the Age of Human Rights,” dealing with the ‘disputed baby’ affair and the adoption by the lesbian couple affair, Sha’arei Mishpat Law College, 2005.
  17. Organization of a conference on “Uncertain Causation and Compensation on the Basis of Probability – Is this a Revolution in Tort Law?”, Sha'arei Mishpat Law College, 2005.
  18. Organization and moderation of a conference inaugurating the Center for the Rights of the Child and the Family in Sha’arei Mishpat Law College as Co-Director of the Center together with Rhona Schuz, Sha’arei Mishpat Law College, 2005.
  19. Organization of a conference on “The 15th Anniversary of the Duty to Report Offences of Cruelty against Children,” Sha’arei Mishpat Law College, 2005.
  20. Co-organizing a conference on “Conclusions of the Committee Examining the Rights of the Child” (Rotlevy Committee), Sha’arei Mishpat Law College, 2004.
  21. Organization of a workshop for Ministry of Transportation staff on the law of tenders (governmental contracts), Ma’aleh Hahamisha, 1998.

Courses

99-110-01/02 דיני נזיקין
99-269-01 יחסים במשפחה בדין הפלילי והנזיקי (סמינריון)

99-904-01 דיני מכרזים

99-432-02 המפגש בין דיני הנזיקין למערכות דינים אחרות - סמינר לתואר שני