Administrative Law

Margit Cohn

Prof. Margit Cohn

Henry J. and Fannie Harkavy Chair in Comparative Law
02-5882558
margit.cohn@mail.huji.ac.il
Room 205

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Education

LLD, Hebrew University of Jerusalem (2001).

 

Representative publications
Margit Cohn, “Legal Transplants: A Theoretical Framework”, in Matthias Siems and Po Jen Yap (eds.), Cambridge Handbook of Comparative Law (Cambridge University Press, forthcoming 2022).
Margit Cohn, A Theory of the Executive Branch: Tension and Legality, Oxford: Oxford University Press, 2021. 322 pages + indices.
Margit Cohn, “The Executive Branch / Core Government”, in Aharon Barak, Barak Medina, and Yaniv Roznai (eds.), The Oxford Handbook on the Israeli Constitution (Oxford University Press, forthcoming).
Margit Cohn, “Judicial Deference to the Administration in Israel”, in Zhu Guobin (ed.), Deference to the Administration in Judicial Review (Springer 2020) 231-269.
Margit Cohn, “Non-Statutory Executive Powers in France: A Comparison between Two Regimes”, in Comparative Law and… 51-63 (Presses universitaires d’Aix-Marseille, 2015).
Margit Cohn, “Sovereignty, Constitutional Dialogues and Political Networks”, in Sovereignty and the Law: Domestic, European and International Perspectives, 236-250 (Richard Rawlings, Peter Leyland & Alison Young, eds., Oxford University Press, 2013).
Margit Cohn and Dieter Grimm, Human Dignity”, in Routledge Handbook of Constitutional Law 193-203 (Thomas Fleiner, Cheryl Saunders & Mark Tushnet eds., Routledge, 2012).
Margit Cohn, “Form, Formula and Constitutional Ethos: The Political Question/Justiciability Doctrine in Three Common Law Systems”, 59 American Journal of Comparative Law 675-713 (2011).
Margit Cohn, “Legal Transplant Chronicles: The Evolution of Unreasonableness and Proportionality Review of the Administration in the United Kingdom”, 58 American Journal of Comparative Law 583-629 (2010).
Margit Cohn, “‘Patchwork’ Emergency Legislation”, 29 Mishpatim, 623-688 (1998) (in Hebrew).
     
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Prof. Yoav Dotan

Prof. Yoav Dotan

Edwin A. Goodman Professor of Law
yoav.dotan@mail.huji.ac.il
Room 121
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Edwin A. Goodman Professor for Public Law and former Dean at the Faculty of Law at the Hebrew University of Jerusalem. 

His research interests are administrative law, public law, judicial review, regulation, the study of government lawyers, and law and society. His recent book Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel (2014) was published by Cambridge Un. Press. He published in journals such as Law & Society ReviewOxford Journal of Legal StudiesPublic Law, Administrative Law Review and American Journal of Comparative Law. He also served as the President of the Israeli Association for Law and Society (2012-13).  He received his LL.M from the University of California at Berkeley Law School (Boalt Hall) and his Ph.D. from the Hebrew University where he has lectured there for over 20 years.  He has also lectured abroad at Columbia Law School, Fordham Law School and University of Miami Law School.  Prof. Dotan was awarded the Shneior Zalman Cheshin Prize for Academic Excellence in Law (2012) and received the Edmond J. Safra Research Lab on Institutional Corruption Non Residential Fellowship (2012-13). He was awarded the Gorni Prize for distinguished contribution for public law (2019). He served as the President of the Israeli Association for Law and Society (2012-14).

 

Education

L.B. (Honors), Hebrew University, 1985.

LL.M, University ofCalifornia at Berkeley, 1987.

Ph.D. Hebrew University, 1993.

Post-Doc, Worcesterand Wolfson College, Oxford, 1995.

 

Representative Publications

Two Concepts of Deference, 71:4 Administrative Law Review (2020) (forthcoming).

Can Institutions Make Voters Care about CorruptionJournal of Politics (forthcoming 2019) (with Raanan Sulitzeanu-Kenan & Omer Yair).

Between the Agency and the Court: Ex Ante Review of Regulations, American Journal of Comparative Law (forthcoming 2019) (with Michael Asimow, Gabriel Bocksang, Marie Cirotteau & Thomas Perroud).

The Common Real-Life Reference PointMethodology – or: "The McDonald's Index"for Comparative Administrative Law and Regulation (in Oxford Hand for Comparative Administrative Law, Peter P. Cane, Peter Lindseth & Herwig Hofmann (eds) (forthcoming 2019).

Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel (Cambridge Un. Press, 2014).

Impeachment by Judicial Review: Israel's Odd System of Checks and Balances, 19(2)Theoretical Inquiries in Law 705-744 (2018).

Will Procurement Officials be Biased to Disregard Procurement Rules in Favor of a Low-priced, albeit Defective, Bid?  Review of Law & Economics (2017).

Open and Close Judicial Review of Agency Action: The Conflicting US and Israeli Approach, 64 American Journal of Comparative Law 521 (2016) (with Michael Asimow).

he Boundaries of Social Transformation through Litigation: Women’s and LGBT Rights in Israel, 1970-2010 (Isr. L. Rev. 2014).

Solving the Counter-majoritarian Difficulty? 11 I-CON: International Journal of Constitutional Law (2013 with Or Bassok).

Non Delegation and the Revised Principle of Legality, 42 Mishpatim 379-447 (2012).

Making Consistency Consistent, 57(4) Administrative Law Review (2005).

 

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Prof. Ruth Gavison

Prof. Ruth Gavison

Professor Emerita of Human Rights
Ruth.gavison@mail.huji.ac.il

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Ruth Gavison was born in Jerusalem in 1945. She completed her bachelor’s degree in law cum laude from the Hebrew University of Jerusalem. After interning at the Supreme Court with Justice Benjamin Halevy, she received her license to practice law and began to study for a master’s degree in law at the Hebrew University, while also undertaking undergraduate studies in economics and philosophy. In 1971 she began doctorate studies in the philosophy of law at Oxford University, under the supervision of the British scholar H.L.A. Hart. Her doctorate research examined the legal protection of privacy. In 1974 Gavison joined the Faculty of Law at the Hebrew University of Jerusalem, heading the H. Cohen Chair of Human Rights. Her studies examine issues touching on the relationship between law and morality; issues of religion and state; the nature of law and the relationship between law and the role of the judge; and diverse issues from the field of public law. Gavison is a leading scholar in the field of law and society and a pioneer in the struggle for civil rights in Israel. She was one of the founders of the Association for Civil Rights in Israel and served as the association’s chairperson and president. Gavison has received numerous prizes over her many years of legal work, including the Zeltner Prize for Legal Research, the Avi Chai Prize (for her work on the new social covenant between observant and non-observant Jews in Israel), a prize from the Movement for
Tolerance, an Emet (Art-Science-Culture) prize in the legal and social sciences category, and the Israel Prize for Legal Research (2011).

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Prof. Barak Medina

Prof. Barak Medina

Justice Haim H. Cohn Chair in Human Rights Law
053-2291828
barak.medina@mail.huji.ac.il

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Professor Barak Medina holds the Justice Haim Cohen Chair in Human Rights at the faculty of law of the Hebrew University of Jerusalem. He has served as Dean of the Law Faculty (2009-2012), and since October 2017 he serves as the Rector (Provost) of the Hebrew University. He is a graduate of Tel-Aviv University (LLB, BA and MA in economics), Harvard Law School (LLM), and the Hebrew University (PhD in economics), and served as a Visiting Professor at the Law Schools of Columbia University in New-York and University of California Berkeley.

Professor Medina’s research interests include constitutional law, and economic analysis of law. His scholarship includes research on theoretical, comparative and positive aspects of the right to equality, freedom of speech, judicial review, constitutionalism, and more. Professor Medina authored seven books. Among his books: the latest editions of the most authoritative book on Israeli constitutional law (with Amnon Rubinstein), and a book titled Law, Economics, and Morality (with Eyal Zamir), on incorporating deontological threshold to economic analysis of law. His most recent book is a 1,000-page volume on Human Rights Law in Israel. His latest article (published at TAU Law Review) discusses the question, does Israel have a Constitution?

 

Education

1991 Tel-Aviv University Law LL.B. (Cum Laude) 

1991 Tel-Aviv University Economics B.A. (Cum Laude) 

1992 Tel-Aviv University Economics M.A. (Cum Laude) (supervisor: Alex Cukierman)

1996 Harvard University Law LL.M. (supervisor: Louis Kaplow)

1999 Hebrew University Economics Ph.D. (supervisor: Joram Mayshar and Uriel Procaccia)

 

Representative publications

Amnon Rubinstein and Barak Medina, THE CONSTITUTIONAL LAW OF THE STATE OF ISRAEL: INSTITUTIONS (6th edition, 2005) [Hebrew]

Eyal Zamir and Barak Medina, LAW, ECONOMICS, AND MORALITY (Oxford University Press, 2010) 

Barak Medina, HUMAN RIGHTS LAW IN ISRAEL (2016) [Hebrew]

Barak Medina, Economic Analysis of Public Law, in LAW AND ECONOMICS (Uriel Procaccia ed., Sacher Institute, Hebrew University of Jerusalem, 2012). [Hebrew]

 

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Nadiv  Mordechay

Nadiv Mordechay

m.nadiv@gmail.com

 

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Nadiv Mordechay (LL.B, LL.M) is a LL.D candidate and a Research Fellow at the Hebrew University Faculty of Law. His research interests include Israeli Public law, informal constitutional change and constitutional backsliding, constitutional theory and design, comparative constitutional law, social rights judicial review, and legislation. 

Alongside his research work, Nadiv gained professional experience clerking for Justice Ayala Procaccia in the Supreme Court of Israel; for Menachem Mazuz, Israel’s Attorney-General; and for five additional years at the Israel Democracy Institute. Nadiv served as the first Secretary-General of ICON-S-IL - The Israeli chapter of ICON-S – and was the founding-editor of ICON-S-IL BLOG

 

PUBLICATIONS

On the Access to Legislation, 19 MISHPAT IMIMSHAL 1 (2018) (Heb.) (with Yaniv Roznai) [Link]

A Jewish and (Declining) Democratic State? Constitutional Retrogression in Israel, 77 MD. L. Rev. 244 (2017) (with Yaniv Roznai) [Link]

Developments in Israeli Constitutional Law: The Year 2016 in Review, in CONSTITUTIONAL DEVELOPMENTS - THE YEAR 2016 IN REVIEW (Richard Albert, David Landau, Pietro Faraguna and Simon Drugda eds., 2017) (with Justice Uzi Vogelman, Yaniv Roznai, and Tehilla Schwartz) [Link]

Access to Justice 2.0: Access to Legislation and Beyond, 3(3) THEORY AND PRACTICE OF LEGISLATION 1 (2016) (with Yaniv Roznai) [Link

Constitutional Showdowns: the case of Judicial Review on Social-Economic Rights in Israel's Supreme Court 2002-2012 (2015) (LL.M Dissertation paper)

A GUIDEBOOK FOR ISRAELI LEGISLATORS (2015) (Heb.) (with Mordechai Kremnitzer and Amir Fuchs) [Link]

Towards a Cumulative Effect Doctrine: Aggregation in Constitutional Judicial Review, 44(2) MISHPATIM 596 (2014) (Heb.) (with Zemer Blondheim) [Link]

Legislative Impact Assessment on Children's Rights, 5 HATZAA LESEDER (IDI Paper Series) (2014) (Heb.) (with Mordechai Kremnitzer and Moshe Ostrovsky) [Link]

Costs Orders against Public Interest Litigants in the Israeli High Court of Justice: Did the HCJ closed its gates?, 6 MISHPATIM ONLINE (2013) (Heb.) (with Inbar Levy) [Link]

Who Should Regulate Commission Rates in the Advertising sector, 2 HATZAA LESEDER (IDI Paper Series) (2013) (Heb.) (with Tehilla Schwartz-Altshuler) [Link]

 

Faculty Supervisor: Prof. Yoav Dotan.

 

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Prof. Yitzhak Zamir

Prof. Yitzhak Zamir

Elias Liberman Chair in Labor Law
zamiri@netvision.net.il

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Yitzhak Zamir was born in 1931 in Warsaw, Poland. He completed a bachelor’s degree in economics and political science at the High School of Law and Economics in Tel Aviv and studied for his master’s in law at the Hebrew University of Jerusalem, while also studying Political Science and International Relations. In 1959 he received his doctorate of law from the University of London. In 1955-1956 he served as an intern to Supreme Court Justice Yoel Sussman. Zamir joined the Faculty of Law in 1961 and served as dean from 1975 to 1978. between the years 1978-1986 Zamir served as Attorney General, leading the struggle to investigate the Bus 300 affair and to prosecute those responsible for the incident. In the years 1988-1991 he served as president of the Press Council, and in 1991 he founded the Faculty of Law at the University of Haifa, serving as its first dean. Zamir was appointed a Supreme Court Justice in 1994.Zamir’s academic and public work contributed to Israeli administrative and public law. His book on administrative authority is the most comprehensive work published on the subject to date and is considered the founding document for the field of general administrative law. Zamir has received a number of prizes for his legal work, including the Zeltner Prize to encourage research in the Legal Sciences, the Emil Grunzweig Human Rights Award, the Knesset Speaker’s Price for Advancing the Rule of Law and Democratic Values, the Israel Prize for Legal Research, an EMET (Art-Science-Culture) prize in the legal sciences category, and the Israel Association of Public Law’s Gorni Award.

 

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