Prof. Shmueli Benjamin

Prof.
Prof. Shmueli Benjamin
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Research

Research interests: 

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

1. 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).

2. Victim Pays Damages to Tortfeasor: The When and Wherefore, 61 MCGILL L.J. (2015), with Yuval Sinai.

3. Post Judgment Bargaining with a Conversation with the Honorable Judge Prof. Guido Calabresi, 50 WAKE FOREST L. REV. 1181 (2015).

4. Children in Reality TV: A Comparative and International Perspective, 25 DUKE J. COMP. & INT'L L. 289-360 (2015).

5. Commodifying Personal Rights and Trading the Right to Divorce: Damages for Refusal to Divorce and Equalizing the Women’s Power to Bargain, 22 UCLA WOMEN’S L.J. 39-105 (2015).

6. Legal Pluralism in Tort Law Theory: Balancing Instrumental Theories and Corrective Justice, 48 U. MICH. J.L. REFORM 745-812 (2015).

7. 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 135-42 (2014).

8. 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).

9. 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.

10. 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.

11. Privacy for Children, 42 COLUMBIA HUMAN RIGHTS L. REV. 759-95 (2011), with Ayelet Blecher-Prigat.

12. 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.

13. Tort Litigation between Spouses: Let's Meet Somewhere in the Middle, 15 HARV. NEGOT. L. REV. 201-265 (2010).

14. 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).

15. Love and the Law: Or, What’s Love Got to Do With It? 17 DUKE J. OF GENDER L. & POLICY 131-88 (2010).

Resume

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 earned his PhD, as well as his other two degrees, at Bar-Ilan University. His research interests are tort law, the intersection between tort law and family law, domestic violence, parent-child relations, comparative law, law and religion, and Jewish Law. His book, MAIMONIDES AND CONTEMPORARY TORT THEORY: LAW, RELIGION, ECONOMICS, AND MORALITY, co-authored with Prof. Yuval Sinai, is forthcoming in Cambridge University Press. 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. He has published over 45 articles in the US, Canada, UK, and Israel, in publications including L. & CONTEMP. PROBLEMS; WAKE FOREST L. REV.; MCGILL L.J; HARV. NEGOT. L. REV.; MICH. J.L. REFORM; COLUM. HUMAN RIGHTS L. REV.; COLUM. J. GENDER & L.; DUKE J. COMP. & INT’L L.; YALE J. L. & THE HUMAN.; BERKELEY J. GENDER; DUKE J. GENDER, L. & POL’Y; VAND. J. TRANSNAT’L L.; BOSTON UNIV. INT’L L.J.; UCLA WOMEN’S L.J.; JEWISH L. ANNUAL (Boston Univ.), TEL-AVIV L. REV, HEBREW U. L. REV., BAR-ILAN L. REV, AND HAIFA L. REV. He is the Editor-in-Chief and the founder of an Israeli peer-reviewed law review and also directed the Center for Commercial Law at Bar-Ilan University. Prof. Shmueli has participated in over a hundred conferences, among them the American and European Law and Economics Association Annual Conferences, keynote at Fordham (Annual Wolff Lecture), and conferences at the universities of Yale, Columbia, Princeton, Duke, Toronto, UCL—London, Fordham, McGill, UConn, Hamburg, Bologna, Humboldt University – Berlin, Stockholm, and more.

Courses

tort law, intrafamilial civil actions, tender law, torts and other branches of law, libel and slander and breach of privacy.