Comparative Law

Margit Cohn

Prof. Margit Cohn

Henry J. and Fannie Harkavy Chair in Comparative Law
Room 205
02-5882558

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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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David Flatto

Prof. David Flatto

Faculty of Law and Department of Jewish Philosophy
02-5881172

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Education

BA, Ordination, Yeshiva University

JD, Columbia Law School

Phd with distinction, Harvard University

 

Representative Publications

“Constructing Justice: The Selective Use of Scripture in Formulating Early Jewish Accounts of the Courts,” Harvard Theological Review (forthcoming)

 “Mishnah Makkot,” in The New Oxford Mishnah (eds. S. Cohen and H. Lapin, Oxford University Press)(forthcoming)

“Justice Retold: The Seminal Narrations of the Trial of the Judean King,” Journal of Law and Religion (Cambridge University Press) 30:1, 2015, pp. 3-35

“A Review Essay of Michael Walzer, In God’s Shadow: Politics in the Hebrew Bible,” Association of Jewish Studies Review (Cambridge University Press) 38:1, 2014, pp. 161-167

“Theocracy and the Rule of Law: A Novel Josephan Doctrine and its Modern Misconceptions,” Dine Israel 28 (2011), pp. 5-30

“The King and I: The Separation of Powers in Early Hebraic Political Theory,” Yale Journal of Law and the Humanities 20:1, 2008, pp. 61-110

 

 

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Prof. Gideon Libson

Prof. Gideon Libson

Frieda and Solomon B. Rosenzweig Chair in Law
02-5882568

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Gideon Libson completed his bachelor’s and master’s degrees in law at the Faculty of Law in the Hebrew University of Jerusalem. In 1980 he also completed doctorate studies magna cum laude. Libson joined the Faculty of Law in 1983, heading the Frieda and Shlomo B. Rosenzweig Chair. Over the years he has served in many academic functions, including director of the Faculty’s Institute for the Study of Jewish Law. Libson’s fields of research are Jewish law and Islamic law from a comparative perspective.His extensive writings have won him many awards, including the Herzog Prize for Jewish Law, the Warburg Prize, a Lady Davis scholarship, and the Goitein Prize for Geniza Studies. 

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Prof. Mordechai Rabello

Prof. Mordechai Rabello

Montesquieu Chair in Labor Law
02-5882552

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Mordechai Rabello was born in 1940 in Bologna, Italy. His family fled from the Fascist regime in Italy and managed to reach Switzerland, spending the war years in refugee detention camps. After the war the family returned to Italy. In 1964 Rabello completed his law studies at Bologna University and in 1965 he immigrated to Israel, where he began to study for a master’s degree in law at the Faculty of Law of the Hebrew University of Jerusalem. He continued to doctorate studies at the Faculty and in 1972, after receiving his doctorate, he began to teach at the Faculty. Rabello’s fields of expertise are Roman law, family law, the law of obligations, the codification of Roman law, Jewish law, private law, and constitutional law. In 2007 Italian President Giorgio Napolitano awarded Rabello the Order of the Star of Italian Solidarity.

 

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Frances Raday

Prof. Frances Raday

Elias Liberman Chair in Labor Law
02-5882570; 02-5340593

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Frances Raday graduated in law from the London School of Economics. She acquired a doctorate of law and continued on to become a full professor at the Hebrew University of Jerusalem . Raday has written numerous books and articles on the subject of human rights, labor law, religion and human rights, and feminist theory. Raday currently heads the Concord Institute for the Study of the Absorption of International Law in Israel at the College of Management Academic Studies. At the United Nations, Raday has been a Special Rapporteur of the Human Rights Council and was chair of the Working Group on Discrimination against Women; and is a former member of the Committee to Eliminate All Forms of Discrimination against Women (CEDAW). Raday has, in Israel, served as chairperson of the Advisory Committee to the Commission for Equal Opportunities in Work, and was the founding chairperson of the Legal Center of the Israel Women’s Network. She has represented numerous petitioners in groundbreaking Supreme Court cases in the fields of labor law; trade union freedoms; discrimination on grounds of sex; rights of asylum seekers; recruitment fees for migrant workers; and freedom of and from religion. She has been a co-petitioner or amicus in cases on abortion rights in the Supreme Courts of the UK and of Brazil; an has acted as expert witness in cases on employees’ patent rights in US courts. 

Prof. Raday has been awarded an Honorary Professorship at University College, London; and Doctor Honoris at the University of Copenhagen. She has received numerous awards in recognition of her work, including the Cheshin Award for Academic Excellence; the Bar-Niv Prize for Labor Law, the Israel’s Bar Prize for Outstanding Attorneys, and an award from the Israel Women’s Network for exceptional contribution.

Raday's most recent book  is: Economic Woman - Gendering Inequality in the Age of Capital, Routledge 2019

 

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Dr. Sharon Shakargy

Dr. Sharon Shakargy

Associate Professor
Room 233
972-2-5883192
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Dr. Sharon Shakargy is an associate professor (senior lecturer) at the law faculty at the Hebrew University of Jerusalem, specializing in Private International and Interreligious Law (Conflict of Laws), Family Law and Comparative Law. In her work, she studies the legal manifestations of identity and how they have changed over time. Her research focuses on questions such as the cross-border regulation of marriage and divorce, the regulation of alternative spousal relationships, the recognition of non-romantic relationships, surrogacy agreements, and the cross-border protection of people with disabilities. Some of her recent works were published in journals such as the Journal of Private International Law, the American Journal of Comparative Law, and the International Journal of Policy, Law and the Family. 

Prior to joining the Hebrew University, Sharon served as a visiting researcher at Harvard Law School, a Fulbright Scholar and Grotius Research Scholar at the University of Michigan Law School, and an academic visitor at the University of Oxford.

Sharon is the co-founder and Manager of the Israeli Family Law Forum, which is composed of legal academics, judges  and practitioners, as well as several researchers from other relevant fields. She has also served as a public representative in the ethics committee of the Jerusalem Branch of the Israeli Bar. 

 

Education

LL.D. Hebrew University, Faculty of Law (2013)

LL.M., magna cum laude, Hebrew University, Faculty of Law (2007)

LL.B., Hebrew University, double major in law and humanities, Faculty  of Law and "Amirim" interdisciplinary honours program in liberal arts (2005)

 

Representative publications

Book

Sharon Shakargy, Choice of Law in Matters of Marriage and Divorce in the Light of Changes in Substantive law(Harry and Michael Sacher Institute for Legislative Research and Comparative Law, Faculty of Law, Hebrew University, 2015( ]Hebrew]

Chapters in Collections

Sharon Shakargy, La réglentation israélienne de le gestation pour autrui: Ça nous tient à cœur (mais seulement chez nous), in Véronique Boillet, Marta Roca I Escoda and Estelle Du Luze eds., La Gestation Pour Autrui: Approches Juridiques Internationales, 109-124 (Anthemis, 2018)

Sharon Shakargy, Israel, in Paul Beaumont and Katarina Trimmings eds., International Surrogacy Agreements: Legal Regulation at the National Level, 231-246 (Hart Publishing, 2013)

Articles

Sharon Shakargy, Whose Law is it Anyway? The Case of Matrimonial Property in Israel 23 Theoretical Inquiries of the Law (forthcoming 2022)

Sharon Shakargy, Family Shall Be Redeemed with Judgment? Family, Law and Family Law, 34 Bar-Ilan Law Review (forthcoming 2022) [Hebrew]

Miri Gur-Arye and Sharon Shakargy, Solidarity, Cultural Autonomy and Covid-19: The Case of the Ultra-Orthodox Sects in Israel, The Netherlands Journal of Legal Philosophy (forthcoming 2022)

Sharon Shakargy, Plus One: Who Defines One’s Significant Other? International Journal of Law, Policy and the Family (forthcoming 2021)

Sharon Shakargy, The Outlawed Family: How Relevant is the Law in Family Litigation? 47 Mitchell Hamline Law Review 568-605 (2021)

Sharon Shakargy, Erroneous Correction 33 Bar-Ilan Law Review, 413-433 (2021) [Hebrew]

Sharon Shakargy, You Name it: On the Cross-Border Regulation of Names, 68 American Journal of Comparative Law 647-688 (2020) 

Sharon Shakargy, Choice of law for Surrogacy Agreements: In the in-Between of Status and Contract 16 Journal of Private International Law, 138-162 (2020) 

Sharon Shakargy, Public and Private Family Accords and the Globalized Modern World: A Comment on Daphna Hacker’s Legalized Families in the Era of Bordered Globalization 20 Jerusalem Review of Legal Studies, 34-47 (2019) [book review] 

Sharon Shakargy, Family, Contracts, Autonomy and Choice: On the Regulation of Families Through Contracts: A Comment on Dagan And Heller’s Choice Theory of Contracts 20 Jerusalem Review of Legal Studies, 90-103 (2019) [book review] 

Sharon Shakargy, What Do You Do When They Don’t Say ‘I Do’? Cross-Border Regulation for Alternative Spousal Relationships, 47 Vanderbilt Journal of Transnational Law 427-469 (2015) 

Sharon Shakargy, Marriage by the State or Married to the State? On Choice of Law for Marriage and Divorce, 9 Journal of Private International Law 499-533 (2013)

 

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Prof. Celia Wasserstein Fassberg

Prof. Celia Wasserstein Fassberg

Judge Harry M. Fisher Professor of Private International and Inter-Religious Law
Room 122
02-5882546
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Prof. Celia Wasserstein Fassberg was born in Scotland and grew up in England and Jerusalem. She obtained an Ll.B. degree at the Hebrew University of Jerusalem and an S.J.D. degree at Harvard Law School. She clerked at the State Attorney’s Office and at the Israeli Supreme Court, for Justice Aharon Barak, before becoming a member of the Israeli Bar Association. She is a Full Professor at the Hebrew University Law School where she holds the Judge Harry M. Fisher Chair in Private International and Inter-Religious Law. Her primary area of research and teaching is Private International Law in which she has published extensively, including a comprehensive book in Hebrew that has become a standard work in Israel. She has also taught Comparative Law, International Transactions, and Admiralty Law. Professor Fassberg has held many senior academic and administrative positions at the Hebrew University, among which are Director of the Sacher Institute for Legislative Research and Comparative Law, member of the University Board of Management, and chairperson of the committee charged with drafting the Hebrew University Code of Conduct in Research and its Conflict of Interest Code. Beyond the confines of the University she participates in preparatory work on legislation and international conventions in her areas of expertise, has served on the public council for approving experiments with animals, on Helsinki committees approving medical experiments involving humans, and on hospital and Health Ministry medical ethics committees. Professor Fassberg has been a Visiting Scholar at the law schools of Harvard, Georgetown, the University of Pennsylvania, Columbia University, and at UNIDROIT in Rome. She is a member of the International Association of Procedural Law and Vice-President of the World Society of Mixed Jurisdiction Jurists.  In 2016 she was awarded the Justice Shneor Zalman Cheshin Prize for Academic Excellence in Law.

 

Education

Ll.B. The Hebrew University of Jerusalem

S.J.D. Harvard Law School

 

Representative Publications in English

Private International Law (2 vols. 2013, in Hebrew)

"Form and Formalism: A Case Study", 31 Am.J.Comp.L.627(1983)

 "The Forum: Its Role and Significance in Choice-of-Law", 84 Zeitschrift für Vergleichende Rechtswissenschaft 1 (1985);

"Choice-of-Law Models: The Internal Interreligious Context", 2 Mélanges Vander Elst 885 (Brussels, 1986)

 "Coherence and Continuity: A Study in Comparative Codification", 22 Is.L.R. 184 (1987)

 "Product Liability and the Conflict of Laws: Theory and Practice", 9 Tel Aviv University Studies in Law 205 (1989)

"The Intertemporal Problem Reconsidered: Israeli Matrimonial Property"  39 Int. & Comp. L.Q. 856 (1990)

"Rule and Reason in the Common Law of Foreign Judgments" 12 Canadian Journal of Law and Jurisprudence 193 (1999)

"On Time and Place in Choice-of-Law for Property", 51 International and Comparative Law Quarterly 385 (2002) 

"Language and Style in a Mixed Legal System", 78 Tulane Law Review (2003)

"Lex Mercatoria: Hoist with its own Petard?", 5 Chicago International Law Journal  67 (2004)

"Conflict of Laws: United States Law", Encyclopedia of Legal History (ed. Lawrence Friedman et al.) (OUP)(2009)

"Realism and Revolution in Conflict of Laws: In with a Bang and Out with a Whimper" 163 University of Pennsylvania Law Review  1919 (2015).

 

List of Publications

 

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