Tort Law

Prof. Yitzhak Englard

Prof. Yitzhak Englard

Bora Laskin Chai in Law

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Yitzhak Englard was born in Frankfurt, Germany in 1933. He immigrated to Israel in 1951 and attended the Bnai Akiva Yeshiva in Kfar Haroeh. From 1952 to 1956 he studied at the Faculty of Law of the Hebrew University of Jerusalem, completing his studies cum laude. In 1958 Englard completed his master’s degree in law at the Hebrew University. He served as an intern with Supreme Court Justice David Goitein and in the Petitions Department of the State Attorney’s Office, and in 1960 he received his license to practice law. In  1966 he received a doctorate in law from the University of Paris, France. After completing his military service, Englard joined the Faculty of Law of the Hebrew University of Jerusalem, serving as dean from 1984 through 1987. He has published numerous books and articles in diverse fields, including the laws of damages, religion and state, the theory of law, Jewish law, unjust enrichment, comparative law, legal competence, and child adoption. In 1992 Englard was appointed a member of the Israel Academy of the Sciences, and in 1996 he became a full member of the International Academy for Comparative Law. He received the Israel Prize for Legal Research in 1997. In the same year Englard was appointed as a Supreme Court justice, a position he filled until his retirement in 2003.

 

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Prof. Israel Gilad

Prof. Israel Gilead

Bora Laskin Chair of Law
02-5882526

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Fields of Interest:

Tort Law, corporations, limitation of civil actions, economic analysis of tort law, bills and notes

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Israel Gilead completed his doctorate studies in law, together with undergraduate studies in economics, at the Hebrew University of Jerusalem. In 1984 he joined the Faculty of Law, heading the Bora Laskin Chair. In the year 1999-2002 Prof. Gilad served as dean of the Faculty of Law. He was a member of international bodies involved in the study of the laws of damages and insurance, and served as a member of numerous professional committees, including the Obsolescence Committee, the Damages Committee, and the Codification Committee, in which capacity he helped draft key provisions in the damages, remedies, and obsolescence sections in the Proposed Law: Rules of Alimony, 5771-2011.Gilad’s areas of expertise are damages law, civil obsolescence, forms of payment, the economic analysis of law, and corporate law. 

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Ehud Guttel

Prof. Ehud Guttel

Bora Laskin Chair in Law
Room 129
02-5882506
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Ehud Guttel is the Bora Laskin Professor of Law, and a member of the Federmann Center for the Study of Rationality. He specializes in tort law, law and economics, and criminal law. Professor Guttel is a graduate of Hebrew University and Yale Law School, and the recipient of several awards for excellence in research and teaching. He is also the founder (together with Yehonatan Givati) of the Aumann-Fischer Center for Law, Economics and Public Policy (to open in 2022).

 

Education

LL.B, Hebrew University, 1997
 
LL.M, Yale University, 1999
 
J.S.D, Yale University, 2002

  

Representative publications

"Sequencing in Damages” (with E. Cheng and Y. Procaccia), 74 Stanford Law Review (forthcoming, 2022). 

“Shared Liability and Excessive Care” (with Y. Procaccia & E. Winter), Journal of Law, Economics, and Organization (2021).

“Tort Liability and the Risk of Discriminatory Government” (with A. Porat), 87 University of Chicago Law Review 1 (2020).

"Bargaining around Cost-Benefit Standards" (with S. Leshem), 103 Journal of Public Economics 55 (2013).

"Buying the Right to Harm" (with S. Leshem), 86 S. California Law Review 1195 (2013).

"Negligence, Strict Liability and Collective Action" (wth D. Gilo & E. Yuval), 42 Journal of Legal Studies 69-82 (2013).

"Criminal Sanctions in the Defense of the Innocent" (with D. Teichman) 110 Michigan Law Review 597 (2012).

"Negligence and Insufficient Activity: The Missing Paradigm in Torts" (with D. Gilo) 108 Michigan Law Review 277 (2009).

"The (Hidden) Risk of Opportunistic Precautions” 93 Virginia Law Review 1389 (2007).

"Overcorrection" 93 Georgetown Law Journal 241 (2004).

 

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Ori Herstein

Prof. Ori Herstein

Professor
Room 225
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Professor Ori Herstein joined the Law Faculty at the Hebrew University in 2014. He teaches and writes primarily on tort law, private law theory, and on various matters of legal and moral philosophy.  Professor Herstein obtained his doctoral and master’s degrees from Columbia University Law School and his law degree and undergraduate philosophy degrees from Tel Aviv University. While at Columbia, he wrote his doctoral dissertation under Professor Joseph Raz.  Professor Herstein is also a member of staff at King's College London's School of Law (as of 2012) and has held visiting and fixed term appointments at Harvard University Law School, Cornell University Law School, Columbia University Law School, and Peking University School of Transnational Law.  Currently, Professor Herstein is the director of the Sacher Institute for Legislative Research and Comparative Law at the Hebrew University and an associate editor for the journal Law and Philosophy. Formerlyhe was co-editor of the Jerusalem Review of Legal Studies (2016-2020) and the co-convener of King’s Legal Philosophy Workshop (2012-2019). Prior to entering academia, Professor Herstein spent two years in private practice as a litigation associate at the NYC offices of Fried, Frank, Harris, Shriver & Jacobson LLP as well as clerked on the Tel Aviv Circuit Court under Judge Drora Pilpel. Professor Herstein has been admitted to the New York Bar and the Israel Bar.

 

Education

J.S.D. - Doctor of the Science of Law 
Columbia University Law School, 2008 
Dissertation Supervisor: Professor Joseph Raz  
 
LL.M. - Master of Laws 
Columbia University Law School, 2004 
 
LL.B. - Bachelor of Laws 
Tel Aviv University, 2001
Honors: magna cum laude
 
Undergraduate Degree in Philosophy
Tel Aviv University 2001
 
Graduate Studies in Philosophy
Tel Aviv University 2001-2003 

 

Representative publications

Justifying Standing, 20 (7) Philosophers’ Imprint, 1-18 (2020).  

Understanding Standing: Permission to Deflect Reasons, 174 (12) Philosophical Studies, 3109-3132 (2017).

How Tort Law Empowers, 65(1) University of Toronto Law Journal, 99-132 (2015).

A Legal Right to Do Legal Wrong, 34(1) Oxford Journal of Legal Studies, 21-45 (2014).

Defending the Right to Do Wrong, 31(3) Law and Philosophy, 343-365 (2012).

A Normative Theory of the Clean Hands Defense, 17(3) Legal Theory, 171-208 (2011).  

 

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