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Prof. Benjamin Shmueli

Telephone
Email
Benjamin.Shmueli@biu.ac.il
Office
Building 306, Room 103
Reception Hours
Meetings should be coordinated in advance
Short Biography

Prof. Benjamin Shmueli is an Associate Professor at Bar-Ilan University law school, Israel, formerly a Senior Research Scholar at Yale Law School (2013-15) and a Visiting Professor at Duke Law School (2006-08). He is the President of ILSA – Israeli Law & Society Association. He is the founder, and formerly the Editor-in-Chief, of an Israeli peer-reviewed law review and also directed the Center for Commercial Law at Bar-Ilan University. His research interests are tort law, intrafamilial tort and contract actions, law and religion, domestic violence, parent-child relations, comparative law, and Jewish Law. His book, Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality (2020), co-authored with Prof. Yuval Sinai, has been published recently in Cambridge University Press. See https://www.cambridge.org/il/academic/subjects/law/tort-law/maimonides-and-contemporary-tort-theory-law-religion-economics-and-morality?format=HB. Prof. Shmueli has published over 50 articles in the US, Canada, UK, and Israel. He won a few grants and prizes, among them: ISF—Israel Science Foundation, The Memorial Foundation for Jewish Culture, Israel Institute Research Grant, Schusterman Foundation, and Riklis Prize for studies in Jewish law.

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Research

tort law, the intersection between tort law and family law, domestic violence, parent-child relations, libel and slander, privacy, comparative law, law and religion, and Jewish Law.

Publications

Books

Maimonides and Contemporary Tort Theory: Law, Religion, Economics, and Morality, with Yuval Sinai (Cambridge University Press, 2020).

Articles in Law Journals – English

  1. Sticks, Carrots, or Hybrid Mechanism: The Test Case of Refusal to Divorce, I-CON – The International Journal of Constitutional Law (2021).
  2. Small Data, not (Only) Big Data: Personalized Law and Using Information from Previous Proceedings, Ohio State J. Disp. Resol., forthcoming, with Moshe Phux.
  3. Tax, don’t Ban: A Comparative Look at Harmful but Legitimate Islamic Family Practices Actionable under Tort Law, Vand. J. Transnat’l L. 989-1043 (2016).
  4. Victim Pays Damages to Tortfeasor: The When and Wherefore, 61 McGill L.J. 275-331 (2016), with Yuval Sinai.
  5. Post Judgment Bargaining with a Conversation with the Honorable Judge Prof. Guido Calabresi, 50 Wake Forest L. Rev. 1181-1227 (2016).
  6. Israel’s Mandatory Tenders Reform: One Very Large Step Forward, 25 Public Procurement L. Rev. 1-19 (2016).
  7. Children in Reality TV: A Comparative and International Perspective, 25 Duke J. Comp. & Int'l L. 289-360 (2015).
  8. Commodifying Personal Rights and Trading the Right to Divorce: Damages for Refusal to Divorce and Equalizing the Women’s Power to Bargain, 22 UCLA Womens L.J. 39-105 (2015).
  9. Legal Pluralism in Tort Law Theory: Balancing Instrumental Theories and Corrective Justice, 48 U. Mich. J.L. Reform 745-812 (2015).
  10. 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 59-133 (2014), with Yuval Sinai. The Honorable Judge Prof. Guido Calabresi's response is 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, 26 Yale J. L. & Humanities 135 (2014).
  11. “I'm not Half the Man I Used to Be: Exposure to Risk without Bodily Harm in Anglo-American and Israeli Law, 27 Emory Intl L. Rev. 987-1053 (2013).
  12. 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 Vand. J. Transnat’l L. 823 (2013).
  13. 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.
  14. Liability under Uncertain Causation? Four Talmudic Answers to a Contemporary Tort Dilemma, 30 Boston Univ. Int’l L.J. 449-495 (2012), with Yuval Sinai. 
  15. Privacy for Children, 42 Columbia Human Rights L. Rev. 759-95 (2011), with Ayelet Blecher-Prigat.
  16. 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.
  17. Tort Litigation between Spouses: Lets Meet Somewhere in the Middle, 15 Harv. Negot. L. Rev. 201-265 (2010).
  18. 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 125-171 (2010).
  19. Love and the Law: Or, What’s Love Got to Do With It? 17 Duke J. of Gender L. & Policy 131-88 (2010).
  20. Offsetting Risks in Tort Law: Theoretical and Practical Difficulties, 37 Fla. St. Univ. L. Rev. 137-188 (2010).
  21. Corporal Punishment of Children in Jewish Law: Traditional Approaches Meet Modern Trends – A Comparative Study, 18 JEWISH LAW ANNUAL (Boston Univ.) 137-212 (2010).
  22. 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.
  23. 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.
  24. 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).
  25. 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.
  26. 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).

Chapters in Books - Hebrew

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).

 

Articles in Law Journals – Hebrew

  1. Damages for Victims of Crimes, Supreme Court Ednah Arbel Festschrift, forthcoming.
  2. The Talmudic Agadah, Supreme Court Eliakim Rubinstein Festschrift, forthcoming.
  3. Divorced without a Divorce Bill, 42 Tel-Aviv L. Rev. 597 (2020), with Ruth Halperin-Kaddari.
  4. Contract Actions for Get (Jewish Divorce Bill) Refusal, 10 Haifa L. Rev. 345 (2018). will be published also in Gabriella Shalev Festschrift – Studies in Contract Law), with Moshe Phux.
  5. Who Wants to Buy my Get (Jewish Divorce Bill)? Legal and Economic Aspects of the Commodification of the Right to Divorce, 31 Bar-Ilan L. Rev. 107-67 (2017).
  6. Refusal to Divorce – Is it a Feminine, Masculinity, or Independent Cause of Action? Between Distributive Justice, Corrective Justice, and Empowering the Spouse Refused a Divorce, 39 Tel-Aviv L. Rev. 545-612 (2016).
  7. Children in Reality TV: Between Ratings and Children's Rights: Regulation for Children's Participation in Reality TV, 8 Haifa L. Rev. 491 (2015).
  8. Increased Risk—The Next Generation, 29 Bar Ilan L. Rev. 269-307 (2013).
  9. Threshold Criteria for the Road Accident Victims Compensation Law: Trends of Uneven Expansion and Reduction, 7 Haifa L. Rev. 155-96 (2012).
  10. Humiliating Segregation in Jewish Ultra-Orthodox Education—Tort Aspect and Policy Considerations, 15 Democratic Culture 265-315 (2013).
  11. Tort Compensation for Women Refused a Get – The Next Generation, 41 Hebrew Univ. of Jerusalem Law Rev. (Mishpatim) 153-254 (2011).
  12. Tort Law Suits against a Spouse: Litigation or Immunity? 27 Bar Ilan L. Rev. 139-205 (2011).
  13. The Goals of Modern Tort Law: A Proposal for a New Mixed-Pluralistic Theory, 39 Hebrew Univ. of Jerusalem Law Rev. (Mishpatim) 233-345 (2009).
  14. 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 289-332 (2009).
  15. Mandatory Reporting of Child Abuse in Jewish Law and Israeli Law, 3-4 The Family in L. Rev.  279-301(2009-10).
  16. Tort Compensation for Abandoned Wives (AgunutWomen whose Husbands Refuse to Give them a Get) 12 Hamishpat (The College Of Management L. Rev.) 285-343 (2007).
  17. Uncertain Causation – Too Uncertain: on its Assessment, Compensation on the Basis of Probability and Preponderance of Evidence in the Law of Torts, 23 Bar Ilan L. Rev. 855-901 (2007), with Prof. Ron Shapira and Prof. Camil Fuchs.
  18. 'Love does not Dominate; it Cultivates' - Modes of Contending with Abuse against Spouses in Tort Law, Criminal Law and Family Law – A Proposal for a New-Old Model, 12 Netanya Academic College L. Rev. 273-352 (2007) with Yuval Sinai.
  19.  Feminism and Children’s Rights, 1 The Family in L. Rev. 57-105 (2007).
  20. Loss of Chances in Cases of Uncertainty Regarding Tortious Harm to an Interest, 27 Tel Aviv Univ. L. Rev.  323-56 (2003), with Prof. Camil Fuchs, Head of the Statistical Department in Tel Aviv University, and Prof. Ron Shapira, Dean of the Law Faculty in Bar Ilan University.
  21. Corporal Punishment of Children by their Parents under Jewish Law, 10 Pelilim (Tel Aviv L. Rev. of Criminal Law) 365-446 (2002). The article won the Riklis Prize for Research on Judaism, 2003.

 

Last Updated Date : 10/02/2021