Tel Aviv University Legal Working Paper Series
Tel Aviv University Law Faculty Papers
Papers from 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)