Tel Aviv University Legal Working Paper Series
Tel Aviv University Law Faculty Papers
Papers from 2012
Chasing Ghosts: On the Possibility of Writing Cultural Histories of Tax Law, Assaf Likhovski (April 17, 2012)
Inside Property, Hanoch Dagan (January 23, 2012)
Papers from 2011
RESTITUTION AND RELATIONSHIPS, Hanoch Dagan (July 28, 2011)
Pluralism and Perfectionism in Private Law, Hanoch Dagan (June 20, 2011)
Judges and Property, Hanoch Dagan (May 1, 2011)
National Courts Review of Transnational Private Regulation, Eyal Benvenisti and George Downs (January 1, 2011)
Papers from 2010
REMEDIES, RIGHTS, AND PROPERTIES, Hanoch Dagan (December 1, 2010)
RELIGIOUS TRIBUNALS IN DEMOCRATIC STATES: LESSONS FROM THE ISRAELI RABBINICAL COURTS, Daphna Hacker (October 1, 2010)
Law and Society Jurisprudence, Daphna Hacker (October 1, 2010)
What's the Border Got To Do With It? How Immigration Regimes Affect Familial Care Provision – A Comparative Analysis, Hila Shamir (August 16, 2010)
The State of Care: Rethinking the Distributive Effects of Familial Care Policies in Liberal Welfare States, Hila Shamir (August 10, 2010)
EXCESSIVE PRICING, ENTRY, ASSESSMENT, AND INVESTMENT: LESSONS FROM THE MITTAL LITIGATION, David Gilo (August 1, 2010)
Family Law and the Challenge of Modernity: Debate about Levirate Marriage among Moroccan Sages, Elimelech Westreich (August 1, 2010)
Soulless Wills, Daphna Hacker (May 1, 2010)
THE GENDERED DIMENSIONS OF INHERITANCE: EMPIRICAL FOOD FOR LEGAL THOUGHT, Daphna Hacker (May 1, 2010)
FROM INDEPENDENCE AND INTERDEPENDENCE TO THE PLURALISM OF PROPERTY, Hanoch Dagan (May 1, 2010)
BETWEEN RATIONALITY AND BENEVOLENCE: THE HAPPY AMBIVALENCE OF LAW AND LEGAL THEORY, Hanoch Dagan (April 1, 2010)
THE CHARACTER OF LEGAL THEORY, Hanoch Dagan and Roy Kreitner (April 1, 2010)
A Name of One's Own: Gender and Symbolic Legal Personhood in the European Court of Human Rights, Yofi Tirosh (March 18, 2010)
Is Tax Law Culturally Specific? Lessons from the History of Income Tax Law in Mandatory Palestine, Assaf Likhovski (January 1, 2010)
Papers from 2009
Symposium: Third Restatement of Torts: "Expanding Liability for Negligence Per-Se", Ariel Porat (July 23, 2009)
Between Home and Work: Assessing the Distributive Effects of Employment Law in Markets of Care, Hila Shamir (July 23, 2009)
EXCLUSION AND INCLUSION IN PROPERTY, Hanoch Dagan (June 12, 2009)
Rethinking the Divide Between Jus ad Bellum and Jus in Bello in Warfare against Nonstate Actors, Eyal Benvenisti (May 24, 2009)
Court Cooperation, Executive Accountability and Global Governance, Eyal Benvenisti and George W. Downs (May 24, 2009)
Argonauts of the Eastern Mediterranean: Legal Transplants and Signaling, Assaf Likhovski (May 12, 2009)
Protestantism and Radical Reform of English Law: A Variation on a Theme by Weber, Assaf Likhovski (May 12, 2009)
Between Mandate and State: On the Periodization of Israeli Legal History, Assaf Likhovski (May 12, 2009)
Criminal Responsibility for Unspecified Offenses, Alon Harel and Ariel Porat (March 15, 2009)
Private Production of Public Goods: Liability for Unrequested Benefits, Ariel Porat (March 3, 2009)
THE SOCIAL DESIRABILITY OF PUNISHMENT AVOIDANCE, Avraham D. Tabbach (February 22, 2009)
WEALTH REDISTRIBUTION AND THE SOCIAL COSTS OF CRIME AND LAW ENFORCEMENT, Avraham D. Tabbach (February 22, 2009)
Adjudicating Appearance: From Identity to Personhood, Yofi Tirosh (February 7, 2009)
Papers from 2008
CRIME, PUNISHMENT, AND TAX, Avraham D. Tabbach (December 7, 2008)
Working Authors, Michael D. Birnhack (October 2, 2008)
The EU Data Protection Directive: An Engine of a Global Regime, Michael D. Birnhack (October 1, 2008)
From "Honor" to "Dignity": How Should a Liberal State Treat Non-Liberal Cultural Groups?, Menny Mautner (October 1, 2008)
The Confessional Penalty, Talia Fisher and Issachar Rosen-Zvi (August 31, 2008)
The Law on the Unilateral Termination of Occupation, Eyal Benvenisti (August 24, 2008)
Terrorism and Profiling: Shifting the Focus From Criteria to Effects, Daphne Barak-Erez (July 31, 2008)
THE FEMINIST BATTLE FOR CITIZENSHIP:BETWEEN COMBAT DUTIES AND CONSCIENTIOUS OBJECTION, Daphne Barak-Erez (July 11, 2008)
The Law of Historical Films: in the aftermath of Jenin Jenin, Daphne Barak-Erez (July 11, 2008)
A Comparative Fault Defense in Contract Law, Ariel Porat (July 7, 2008)
JUST AND UNJUST ENRICHMENTS, Hanoch Dagan (June 16, 2008)
Well-Known and Famous Trademarks in Israel: Trips from Manhattan to The Dawn of a New Millennium!, Amir Khoury (May 20, 2008)
EXPANDING RESTITUTION: LIABILITY FOR UNREQUESTED BENEFITS, Ariel Porat (May 1, 2008)
An American Bank in the Palestinian Authority: Investing in the Peace, Amir Khoury (April 30, 2008)
Industrial Citizenship, Social Citizneship, Corporate Citizenship: I Just want my wages, Guy Mundlak (April 24, 2008)
The Conception of International Law as a Legal System, Eyal Benvenisti (April 24, 2008)
Tax Compliance and Modernity, Assaf Likhovski (April 7, 2008)
The Invention of 'Hebrew Law' in Mandatory Palestine, Assaf Likhovski (April 7, 2008)
In Our Image: Colonial Discourse and the Anglicization of the Law of Mandatory Palestine, Assaf Likhovski (April 7, 2008)
EC Competition Law and the Regulation of Passive Investments Among Competitors, David Gilo and Ariel Ezrachi (April 6, 2008)
How Blackstone Became a Blackstonian, David B. Schorr (April 5, 2008)
Appropriation as Agrarianism: Distributive Justice in the Creation of Property Rights, David B. Schorr (April 5, 2008)
The First Water-Privatization Debate: Colorado Water Corporations in the Gilded Age, David B. Schorr (April 5, 2008)
The Anticompetitive Effect of Passive Investment, David Gilo (April 5, 2008)
Retail Competition Percolating through to Suppliers - and the Use of Vertical Integration, Tying and Vertical Restraints to Stop it, David Gilo (April 5, 2008)
The Hidden Roles of Boilerplate and Standard Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers and Anticompetitive Effects, David Gilo and Ariel Porat (April 3, 2008)
THE (LACK OF) ECONOMIC ANALYSIS BY COURTS, David Gilo (March 20, 2008)
The Duke and the Lady: Helvering v. Gregory and the History of Tax Avoidance Adjudication, Assaf Likhovski (March 15, 2008)
Czernowitz, Lincoln, Jerusalem, and the Comparative History of American Jurisprudence, Assaf Likhovski (March 13, 2008)
The Time Has Not Yet Come to Repair the World in the Kingdom of God: Israeli Lawyers and the Failed Jewish Legal Revolution of 1948, Assaf Likhovski (March 13, 2008)
RESTITUTION’S REALISM, Hanoch Dagan (March 9, 2008)
The Origins of the Concept of Belligerent Occupation, Eyal Benvenisti (February 22, 2008)
LEVIRATE MARRIAGE IN THE STATE OF ISRAEL, Elimelech Westreich (February 21, 2008)
The Copyright Law and Free Speech Affair: Making-Up and Breaking-Up, Michael D. Birnhack (January 31, 2008)
The Dead Sea Scrolls Case: Who Is an Author?, Michael D. Birnhack (January 31, 2008)
The Idea of Progress in Copyright Law, Michael D. Birnhack (January 31, 2008)
Reclaiming Democracy: The Strategic Uses of Foreign and International Law by National Courts, Eyal Benvenisti (January 17, 2008)
Modern Times: Law, Temporality and Happiness in Hobbes, Locke and Bentham, Jose Brunner (January 15, 2008)
Trauma in Court: Medico-Legal Dialectics in the Late Nineteenth-Century German Discourse on Nervous Injuries, Jose Brunner (January 15, 2008)
Eichmann’s Mind: Psychological, Philosophical, and Legal Perspectives, Jose Brunner (January 15, 2008)
The Invisible Handshake: The Reemergence of the State in the Digital Environment, Michael D. Birnhack and Niva Elkin (January 15, 2008)
Acknowledging the Conflict between Copyright Law and Freedom of Expression under the Human Rights Act, Michael D. Birnhack (January 15, 2008)
COPYRIGHT LAW AND FREE SPEECH AFTER ELDRED V. ASHCROFT, Michael D. Birnhack (January 15, 2008)
The Copyright Law and Free Speech Affair: Making-Up and Breaking-Up, Michael D. Birnhack (January 15, 2008)
Shielding Children: The European Way, Michael D. Birnhack and Jacob H. Rowbottom (January 15, 2008)
Global Copyright, Local Speech, Michael D. Birnhack (January 10, 2008)
More or Better? Shaping the Public Domain, Michael D. Birnhack (January 10, 2008)
Copyrighting Speech: A Trans-Atlantic View, Michael D. Birnhack (January 10, 2008)
Papers from 2007
Trading Copyright: Global Pressure on Local Culture, Michael D. Birnhack (December 1, 2007)
Religiously Oriented Universities in Israel, Asher Maoz (September 3, 2007)
Religious Freedom As A Basic Human Right – The Jewish Perspective, Asher Maoz (September 3, 2007)
The Limited Autonomy of Private Law, Hanoch Dagan (August 9, 2007)
Religious Education in Israel, Asher Maoz (July 30, 2007)
Punishment, Deterrence, and Avoidance, Jacob Nussim and Avraham D. Tabbach (May 27, 2007)
Re-Imagining Takings Law, Hanoch Dagan (May 23, 2007)
The Empire’s New Clothes: Political Economy and the Fragmentation of International Law, Eyal Benvenisti and George W. Downs (March 27, 2007)
United We Stand: National Courts Reviewing Counterterrorism Measures, Eyal Benvenisti (February 27, 2007)
Papers from 2006
Liability Externalities and Mandatory Choices: Should Doctors Pay Less?, Robert D. Cooter and Ariel Porat (November 20, 2006)
Offsetting Risks, Ariel Porat (November 19, 2006)
A Revised Model of Unilateral Accidents, Jacob Nussim and Avraham D. Tabbach (November 1, 2006)
Legal Realism and the Taxonomy of Private Law, Hanoch Dagan (October 26, 2006)
The Unconventional Uses of Transaction Costs, David Gilo and Ariel Porat (October 14, 2006)
The Social Responsibility of Ownership, Hanoch Dagan (September 29, 2006)
Codification, Coherence, and Proprietary Competitions, Hanoch Dagan (September 3, 2006)
Human Dignity in Combat: The Duty to Spare Enemy Civilians, Eyal Benvenisti (August 1, 2006)
"Coalitions of the Willing" and the Evolution of Informal International Law, Eyal Benvenisti (January 20, 2006)
Papers from 2005
War and Peace - an Israeli Perspective, Asher Maoz (December 30, 2005)
The Regressive Effect of Legal Uncertainty, Uri Weiss (December 30, 2005)
Property and the Public Domain, Hanoch Dagan (November 16, 2005)
The Currency of Democratic Participation, Hanoch Dagan (November 16, 2005)
The Hidden Roles of Boilerplate and Standard Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers and Anticompetitive Effects, David Gilo and Ariel Porat (October 26, 2005)
Is International Humanitarian Law Lapsing into Irrelevance in the War on International Terror?, Dan Belz (April 1, 2005)
Deterrence and The Tax Treatment of Monetary Sanctions and Litigation Costs, Jacob Nussim and Avraham D. Tabbach (April 1, 2005)
Promoting Consensus in Society Through Deferred-Implementation Agreements, Ariel Porat and Omri Yadlin (March 1, 2005)
Restitution and Slavery: On Incomplete Commodification, Intergenerational Justice, and Legal Transitions, Hanoch Dagan (February 18, 2005)
Restitution in Bankruptcy: Why All Involuntary Creditors Should be Preferred, Hanoch Dagan (February 1, 2005)
Conflicts in Property, Hanoch Dagan and Michael A. Heller (February 1, 2005)
THE LAW AND ETHICS OF RESTITUTION , Hanoch Dagan (February 1, 2005)
The Realist Conception of Law, Hanoch Dagan (February 1, 2005)
Distributive Politics and International Institutions: The Case of Drugs, Eyal Benvenisti and George W. Downs (January 1, 2005)
Can Judaism Serve as a Source of Human Rights, Asher Maoz (January 1, 2005)
Network interconnection with competitive transit, David Gilo and Yossi Spiegel (January 1, 2005)
Implementing the Law by Impartial Agents: An Exercise in Tort Law and International Law, Eyal Benvenisti and Ariel Porat (January 1, 2005)
The US and the Use of Force: Double Edged Hegemony and the Management of Global Emergencies, Eyal Benvenisti (January 1, 2005)
Comparisons Among Firms: (When) Do They Justify Mandatory Disclosure?, Sharon Hannes (January 1, 2005)
Private Benefits of Control, Antitakeover Defenses and the Perils of Federal Intervention, Sharon Hannes (January 1, 2005)
Papers from 2004
AUTOPOIESIS, NIHILISM AND TECHNIQUE: ON DEATH AND THE ORIGINS OF LEGAL PARADOXES, Shai Lavi (December 1, 2004)
Frameworks of Cooperation: Competing, Conflicting, and Joined Interests in Contract and Its Surroundings, Roy Kreitner (December 1, 2004)
Partial cross ownership and tacit collusion, David Gilo, Yossi Moshe, and Yossi Spiegel (August 20, 2004)
Total Liability for Excessive Harm, Robert Cooter and Ariel Porat (July 7, 2004)
A Demand Side Theory of Antitakeover Defenses, Sharon Hannes (April 1, 2004)