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Dr. Yotam Kaplan

Building 305 Room 131
Short Biography

For a pdf file click here


Academic Positions

Bar-Ilan Law School

  • Assistant Professor (Lecturer), 2017-present

    Hebrew University Law School

  • Golda Meir Post-Doctoral Fellow, Lady Davis Fellowship Trust, 2016-2017



    Harvard Law School

  • S.J.D. (Doctorate in Law), 2016
  • LL.M. (Master of Laws) Studies, Dean Scholar Award, 2011

    Hebrew University Law School

  • LL.B. Summa Cum Laude, 2008

    Faculty of Humanities, Hebrew University of Jerusalem

  • “Amirim” Interdisciplinary Honors Program, 2008



  • Over-Reliance under Contractual Disgorgement (with Yehonatan Givati), forthcoming American Law and Economics Review 2017
  • Tort Reform Through the Backdoor: A Critique of Law and Apologies (with Yonathan Arbel), forthcoming Southern California Law Review 2017
  • Institutional Gardening: The Supreme Court in Economic Liberalization (with Noam Gidron) forthcoming, Lewis & Clark Law Review 2017
  • Expectation Damages under Uncertainty (in Hebrew, with Kobi Kastiel) forthcoming, Mishpatim Law Review 2017


    Work in Progress

  • Mistakes about Mistakes (with Maytal Gilboa)
  • Harm-Shifting and the Law of Compensation
  • Mandatory Rules
  • The Social Net-Road
  • Contract Frustration and Related Doctrines


    Invited Presentations

  • European Law and Economics Association Annual Meeting, 9/2017
  • Israeli Private Law Association Annual Meeting, 6/2017
  • Hebrew University Law School, Private Law Workshop, 5/2017
  • Tel Aviv University Law School, Law and Economics Seminar, 4/2017
  • Hebrew University Law School, Law and Economics Seminar, 2017
  • IDC Law School, Faculty workshop, 2017
  • Bar Ilan Law School, Faculty workshop, 2017
  • Hebrew University Law School, Faculty workshop, 1/2017
  • American Law and Economics Association Annual Meeting, Columbia Law School 5/2015
  • American Political Economy Conference, MIT 2015
  • Canadian Law and Economics Association Annual Meeting, University of Toronto Faculty of Law, 2015
  • The Private Law Consortium, University of Pennsylvania Law School, 5/2014
  • American Law and Economics Association Annual Meeting, University of Chicago Law School, 5/2014
  • Israeli Law and Economics Association Annual Meeting, Tel Aviv University Law School, 2014
  • Harvard-Oxford-Edinburgh Legal Theory Colloquium, Oxford University, 2014
  • Yale Law School Doctoral Conference, Yale Law School ,2013


    Honors, Awards & Fellowships

  • Addison-Brown Writing Prize, Harvard Law School, 2015
  • Fellow, The Project on the foundations of Private Law, Harvard Law School, 2011-2015
  • Summer Academic Fellow Harvard Law School, 2011-2012
  • Dean Scholar award for LL.M. paper, Harvard Law School, 2011
  • Fellow Harold Perlman Foundation Scholarship, 2010
  • Tabbi Miller Award for Excelling Students in Joint Programs, Hebrew University Law School, 2007
  • Rector award for outstanding student, Hebrew University, 2005-2006
  • Top Student, Hebrew University Law School, 2004-2005-2006
  • Full scholarship award, LL.B. and the Amirim Interdisciplinary Honors Program, Hebrew University, 2004-2008


    Teaching Experience

    Bar-Ilan Law School

  • Contracts, 2017-present
  • Private Law Theory, 2017-present

    Harvard Law School

  • Teaching Assistant, Legal Writing Workshop, 2013-2014
  • Teaching Assistant, LL.M Adviser Graduate Program Fellowship, 2012-2013

    Hebrew University Law School

  • Teaching Assistant, Contract Law, 2008-2010
  • Teaching Assistant, Legal Systems, 2007-2008
  • Teaching Assistant, Jurisprudence, 2006-2007
  • Teaching Assistant, Legal Writing Program, 2006-2007


    Work Experience

    Harvard Law School

  • Research Assistant to Professor Henry E. Smith, 2010-2011

    Agmon and Co. Law Offices

  • Associate, 2009-2010

    The Supreme Court of Israel

  • Law Clerk for Chief Justice Dorit Beinisch, 2008-2009

    Hebrew University Law School

  • Research Assistant, contract law,  2006-2007
  • Editorial board member, Mishpatim Law Review, 2005-2007

    IDF, Intelligence Corps

  • Translator, 2001-2004



  • Referee: Jerusalem Review of Legal Studies  
  • Member: Israeli Bar, American Law and Economics Association, Israeli Private Law Association, European Association of Law and Economics 

Advisor: Partnerships Act Draft Memorandum (2016), Isreali Ministry of Justice


Private law theory, contracts, torts, remedies

  1. Yonathan Arbel and Yotam Kaplan. 2017. “Tort Reform Through the Backdoor: A Critique of Law and Apologies.” Southern California Law Review, 90, 6, Pp. 1199-1246.
  2. Yehonatan Givati and Yotam Kaplan. Forthcoming. “Over-Reliance under Contractual Disgorgement.” American Law and Economics Review.
  3. Noam Gidron and Yotam Kaplan. 2017. “Institutional Gardening: the Supreme Court in Economic Liberalization.” Lewis & Clark Law Review, 21, 3, Pp. 685-734.
  4. Kobi Kastiel and Yotam Kaplan. Forthcoming. “Expectation Damages in High Risk Ventures.” Mishpatim, Hebrew University Law Review (in Hebrew).

Last Updated Date : 03/02/2021