Constitutional Law

Neta Barak Corren

Prof. Netta Barak-Corren

Director, Center for the Study of Multiculturalism and Diversity
Member, Federmann Center for the Study of Rationality
Room 210
02-5882562
Read More

Prof. Netta Barak-Corren is a legal scholar and cognitive scientist, focusing on empirical and behavioral analysis of constitutional and public law, with a particular interest in conflicts of rights and the interaction between law and religion and law and social norms. 

Barak-Corren received her first degrees in Law in Cognitive Science from the Hebrew University (Valedictorian and three-time recipient of the Albert Einstein and Rector awards). She then clerked for the Chief Justice of the Israeli Supreme Court, Hon. Dorit Beinish, and pursued doctoral studies at Harvard, graduating in 2016.

Currently, Barak-Corren is a Professor of Law at the Hebrew University of Jerusalem and the Academic Director of the Center for the Study of Multiculturalism and Diversity at the Hebrew University. She is also an elected member of the Federmann Center for the Study of Rationality at the Hebrew University of Jerusalem. During 2020-2022 she is also a Nootbaar Religious Freedom Fellow at Pepperdine University School of Law. 

For more information on Barak-Corren's publications, public writing, research awards, and research grants, see here.

 

Education

S.J.D. Harvard Law School 2016

LL.M. Harvard Law School 2013

LL.B. and B.A. in Law and Cognitive Science, Hebrew University of Jerusalem 2012

 

Representative Publications

Netta Barak-Corren, Religious Exemptions Increase Discrimination Towards Same-sex Couples: Evidence from Masterpiece Cakeshop, Journal of Legal Studies (2021)

Netta Barak-Corren, Regulating for Social Integration by Behavioral Design: An Evidence-Based Approach for Culturally Responsive Regulation, Regulation and Governance (2021)

Netta Barak-Corren, Taking Conflicting Rights Seriously, 65(2) Villanova Law Review 295 (2020)

Netta Barak-Corren & Daphna Lewinsohn-Zamir, What’s in a name? The asymmetric effects of identifiability on offenders and victims of sexual harassment. 16(4) Journal of Empirical Legal Studies 955 (2019)

Netta Barak-Corren, Reexamining the evidence on Ultra-Orthodox attitudes and gender separation in academia. 49 Mishpatim—Hebrew U. Law Review (2019) [in Hebrew].

Netta Barak-Corren, Yuval Feldman, and Noam Gidron, The Provocative Effect of Law: Majority Nationalism and Minority Discrimination, 15(4) Journal of Empirical Legal Studies (2018). 

Netta Barak-Corren, Beyond dissent and compliance: Religious decision-makers and secular law, 6(2) Oxford Journal of Law and Religion 293-322 (2017).

Netta Barak-Corren, Does Antidiscrimination Law Influence Religious Behavior? An Empirical Examination, 67(4) Hastings Law Journal 957 (2016).

 

Read Less
Margit Cohn

Prof. Margit Cohn

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

Read More

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).
     
Read Less
David Flatto

Prof. David Flatto

Faculty of Law and Department of Jewish Philosophy
02-5881172

Read More

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

 

 

Read Less
Prof. Ruth Gavison

Prof. Ruth Gavison

Professor Emerita of Human Rights

Read More

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).

Click Here for Detailed CV

Click for Audio

Read Less
miri gur arye

Prof. Miriam Gur-Arye

Judge Basil Wunsh Chair of Criminal Law
Room 222
972-25882551
Read More

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

A Book

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 PHILOSOPHY293-313 (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

 

Read Less
Prof. David Kretzmer

Prof. David Kretzmer

Bruce W. Wayne Chair in International Law
02-5880077

Read More
David Kretzmer was born in Johannesburg, South Africa in 1943. He completed his bachelor’s and master’s degrees in law at the Hebrew University of Jerusalem before studying for his doctorate at York University in Canada. Kretzmer served as an intern for Supreme Court Justice Berenzon and in 1968 received his license to practice law.  In 1975 Kretzmer received an appointment as a lecturer at the Hebrew University and in 1991 he was appointed a professor. Kretzmer’s areas of expertise include public international law, administrative law, andconstitutional law. Over the years he has published a large number of books and articles on such subject as the Supreme Court’s protection of human rights, the legal status of Arab citizens of Israel, freedom of expression and racist statements, the right of protest, judicial review, the concept of human dignity in human rights discourse, the applicability of the Geneva Convention to the Palestinian Authority areas, and so forth. Kretzmer was among the founders of B’Tselem and the Association for Civil Rights in Israel and has served as a member of a number of international bodies active in the human rights field, including the UN Human Rights Committee, on which he served from 1995 to 2002. 

 

Click for Audio

Read Less
Berachyahu Lifshitz

Prof. Berachyahu Lifshitz

Henry J. and Fannie Harkavy chair in comparative law
02-5882524

Read More

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

 

Read Less
Prof. Barak Medina

Prof. Barak Medina

Justice Haim H. Cohn Chair in Human Rights Law
053-2291828

Read More

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]

 

Read Less
Nadiv  Mordechay

Nadiv Mordechay

 

Read More

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.

 

Read Less
Frances Raday

Prof. Frances Raday

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

Read More

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

 

Click for Audio

Read Less