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

Miriam Gur-Arye is a Full Professor at the Hebrew University Law School where she holds the Judge Basil Wunsh chair of criminal law. She obtained an Ll.B. degree (first in class) and Dr. Jur. at the Hebrew University (summa cum laude). She clerked for the (then) president of the Israeli Supreme Court, Yoel Sussman, before becoming a member of the Israeli Bar Association. Professor Gur-Arye’s primary area of research and teaching is Substantive Criminal Law. She has published extensively, including a book on “actio libera in causa in criminal law”. Her many articles, focus on the theoretical foundations of the criminal law, criminal law defences, constitutional constraints on criminalization, the impact of moral panic on the criminal law, and sentencing disparities between ethnic groups from empirical perspective. She has received numerous awards and prizes, including, Sussman Prize for Best Legal Publication of the Year, Israel Bar Association Prize for Unique Academic Achievements, Cheshin Prize for Excellent Academic Achievements. Professor Gur-Arye has been a visiting scholar/processor at the University College, Oxford, England; University of California Berkeley, USA; New York University, NY, USA; King's College, London UK; CTLS (Center for Transnational Legal Studies), London, England (once as co-director). She was elected twice to conduct a research at the Israeli Institute of Advance Studies (once as a research group organizer). Professor Gur-Arye has held many senior academic and administrative positions at the Hebrew University, among which are Authority for Research Students in Humanities, Social Sciences and Law (Chair); Sacher Institute for Legislative Research (Director); Vice-Dean; Vice-Rector; Selection and Appointment Committee, Faculty of Law (Chair);) Hebrew University Committee for Academic Policy; Hebrew University Steering Committee (Senate representative); Hebrew University Highest Promotions Committee; Hebrew University Professorial Promotions Committee.

Education

 LL.B. Faculty of Law, Hebrew University (first in class) (1975) 

D. Jur. Faculty of Law, Hebrew University (summa cum laude) (1981) 

Representative publications

Actio Libera in Causa in Criminal Law, (Harry Sacher Institute, Hebrew University, Jerusalem 1984) 103 pp. (in English)

Articles in refereed journals

"Justifying the Distinction between Justifications and Power", 5JOURNAL OF CRIMINAL LAW AND PHILOSOPHY, 293-313 (2011)

“Human Dignity of Offenders: a Limitation on Substantive Criminal Law”, 6 Journal of Criminal Law and Philosophy 187-205 (2012)

"The Impact of Moral Panic on the Criminal Justice System – Hit-and-Run Traffic Offenses as a Case Study", 20(2) New Criminal Law Review, 309-353 (2017)

"The Legitimacy of Judicial Responses to Moral Panic: Perceived vs. Normative Legitimacy", 37(2) CRIMINAL  JUSTICE ETHICS  2018 

"Social Solidarity and Sentencing Disparities between Ethnic Groups: The Case of Hit-and-Run Traffic Offenses" (with Roni Factor) 17(1) JOURNAL OF EMPIRICAL LEGAL STUDIES 164–185, (March 2020). DOI:10.1111/jels.12245

Higher Education

1965-1970 Yeshivah, “Kerem B’Yavneh”
1970-1974 LL.B. (with distinction), Faculty of Law, Hebrew University
1974-1975 Clerkship, The Supreme Court of Israel (Judge I. Kister) and the District Attorney of Jerusalem (M. Kirsch)
1975 - Member of the Israeli Bar Association
1977 M.A. (with distinction), Talmud, The Hebrew University (Topic: Third Chapter of Tractate Ketubot [BT], Text and Exegsis. Supervisor: Prof. E. Sh. Rosenthal)
1979 Dr. Juris. (summa cum laude), Hebrew University. (Topic: One Does Not Receive Both the Death Penalty and Payment. (Supervisor: Prof. Menahem Elon).

Professional Activity

1971-1987 A member of the Institute for Research in Jewish Law, Faculty of Law, Hebrew University
1972-1979 Assistant teacher and Instructor, Faculty of Law, Hebrew University
1979-1983 Lecturer, Faculty of Law, Hebrew University
1980-1981 Lecturer, the Department of Talmud, Hebrew University
1983-1988 Senior Lecturer, Faculty of Law, Hebrew University
1983-1984 Research Fellow, Harvard University
1984 Member of the Faculty Disciplinary Court, The Hebrew University
1986-2001 Member of the Acadmic commitee of the Institute for Research in J. Law
1989-1996 Associate Professor, Faculty of Law, The Hebrew University
1990-1996 Member of the Codification Committee, Ministry of Justice
1991-1993 Vice-Dean, Faculty of Law, The Hebrew University
1992-1996 Associate Professor, The College of Management
1994-1996 Dean, Faculty of Law, The Hebrew University
1994 Member of the Committee on the Clerkship Problem in Israel
1995- The Harkavy Chair for Comparative Law
1994 - Member of the Academic Committee of The Jewish Law Association
1995-‏2001 Chairman of the Academic Committee of the Institute for Research in Jewish Law, The Hebrew University
1995-2001 Member of the Academic Committee of the Silbert Institute, The Hebrew University
1996 Full Professor, The Hebrew University
1996- Academic Committee of the Center for Teaching Jewish Culture in the Diaspora
1996-2000 President (Hon.), The Jewish Law Association
1996-2000 President, Disciplinary Court, The Hebrew University
1996-1998 Chairman of the Board of Directors, The College of Law, Ramat Gan
1996-1999 Chairman of the Central Admission Committee of the Hebrew University
1997- Member of the Hon. Presidency of the Movement for the Quality of Government in Israel
1997- 2007 Professor, College of Law, Ramat-Gan
1998- Member of the Committees of Scientific Literature and Jewish Stusies, The Bialik Institute, Jerusalem
1999- Member of the Curatorion, The Bialik Institute, Jerusalem
1999 - Memoriak Foundation for Jewish Culture
2000 - 2001 Sabbatical year, Penn U., The Center for Jewish Studies
2001-2004 Director, the Institute for Research in Jewish Law, Faculty of Law, The Hebrew University of Jerusalem
2001- Member of the Academic Council, Orot Israel College of Education
2001-2004 Person in charge of the prosecution of the academic staff, The Heb. U.
2002- Member of the Hight Committee of Appointments, The Hebrew University
2004- Member of the Senate, Hebrew University
2005- Member of Search Committee for Rector, Hebrew University
2005 - Member of the committee for the draft of a Constitution for the State of Israel, The Institute for Zionist Strategies, Jerusalem
2006 - 2007 Director, The Harry Sacher Institute
2007 - Professor, Sharei Mishpat College of Law
2007 - Member of the Accademic Committee of the World Congress of Jewish Studies
2007 - Member of the Committee of Appointments for tenure positions
2009 - Chairman of the Accademic Committee of The Harry Sacher Institue
2009 - Member of the Senate, Heb. U.
4.2011- Head, the Institute for Research in Jewish Law

Prizes

1973 The Webber Prize
1975 The Amitay Prize
1976 The Urbach Prize
1977 The Jacob Herzog Prize
1980 The Warburg Prize
1981 The Zilberg Prize
1983 The Shnarch Prize
1986 The Duchan Prize
1989 The Rosenthal Prize

Board of Editors

1971-1975 Mishpatim (1974-1976, Vice-Editor)
1979-1983 Deot
1982- Shenaton Ha Mishpat HaIvri (2001-2003 Editor-in-Chief; 2007-2009 Co-Editor)
1998- The Jewish Law Annual - Editor-in-Chief
2000-2004 Shanna be’ Shanna

PH.D. STUDENTS:

Dr. M. Vigoda
Dr. A.Radzyner
Dr. Y. Brand
Dr. Y. Cohen
Dr. Sh. Wosner
Dr. B. Cahana
----------------
Y. Shapira
E. Zilberstein
Sh. Barash
B.Z. Grinberger
G. Edri
M. Dror

M.A. STUDENTS:

M. Vigoda; Sh. Wosner; Ch. Goldberg

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.