Papers from 2014
DEFENDING LEGAL REALISM: A RESPONSE TO FOUR CRITICS, Hanoch Dagan
LIBERALISM AND THE PRIVATE LAW OF PROPERTY, Hanoch Dagan
PROPERTY’S STRUCTURAL PLURALISM: ON AUTONOMY, THE RULE OF LAW, AND THE ROLE OF BLACKSTONIAN OWNERSHIP, Hanoch Dagan
The Utopian Promise of Private Law, Hanoch Dagan
Facilitating the Commons Inside Out, Hanoch Dagan and Tsilly Dagan
JUST RELATIONSHIPS, Hanoch Dagan and Avihay Dorfman
Intergenerational Wealth Transfer and the Need to Revive and Metamorphose the Israeli Estate Tax, Daphna Hacker
Strategic Compliance in the Shadow of Transnational Anti-Trafficking Law, Daphna Hacker
Papers from 2013
War is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective, Eyal Benvenisti and Amichai Cohen
The Multinational Corporation as “the Good Despot”: The Democratic Costs of Privatization in Global Settings, Eyal Benvenisti and Doreen Lustig
Expropriatory Compensation, Distributive Justice, and The Rule Of Law, Hanoch Dagan
PROPERTY THEORY, ESSENTIAL RESOURCES, AND THE GLOBAL LAND RUSH, Hanoch Dagan
Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan
Managing Our Money: The Law of Financial Fiduciaries As a Private Law Institution, Hanoch Dagan and Sharon Hannes
Freedom of Contracts, Hanoch Dagan and Michael Heller
THE INTERDISCIPLINARY PARTY, Hanoch Dagan and Roy Kreitner
A Dialogue between a Liberal and an Ultra-Orthodox on the Exclusion of Women from Torah Study, Menny Mautner
Religion in Politics: Rawls and Habermas on Deliberation and Justification, Menny Mautner
Papers from 2012
Prospects for the Increased Independence of International Tribunals, Eyal Benvenisti
Sovereigns as Trustees of Humanity, Eyal Benvenisti
The Democratizing Effects of Transjudicial Coordination, Eyal Benvenisti
THE LEGAL BATTLE TO DEFINE THE LAW ON TRANSNATIONAL ASYMMETRIC WARFARE, Eyal Benvenisti
AUTONOMY, PLURALISM, AND CONTRACT LAW THEORY, Hanoch Dagan
Inside Property, Hanoch Dagan
LAW AS AN ACADEMIC DISCIPLINE, Hanoch Dagan
Lawmaking for Legal Realists, Hanoch Dagan
Normative Jurisprudence and Legal Realism, Hanoch Dagan
PRIVATE LAW PLURALISM AND THE RULE OF LAW, Hanoch Dagan
Reasonable Care: Equality as Objectivity, Avihay Dorfman
The Doctrine of Plaintiff Foreseeability: A Sympathetic Reconstruction, Avihay Dorfman
The Society of Property, Avihay Dorfman
The Case Against Privatization, Avihay Dorfman and Alon Harel
RELIGIOUS TRIBUNALS IN DEMOCRATIC STATES: LESSONS FROM THE ISRAELI RABBINICAL COURTS, Daphna Hacker
The Shelters in Israel for Survivors of Human Trafficking, submitted to the US Department of State, Daphna Hacker
Chasing Ghosts: On the Possibility of Writing Cultural Histories of Tax Law, Assaf Likhovski
Papers from 2011
National Courts Review of Transnational Private Regulation, Eyal Benvenisti and George Downs
Judges and Property, Hanoch Dagan
Pluralism and Perfectionism in Private Law, Hanoch Dagan
RESTITUTION AND RELATIONSHIPS, Hanoch Dagan
Humane Consequentialism: A Critical Note on Eyal Zamir & Barak Medina, Law, Economics, and Morality, Avihay Dorfman
Property and Collective Undertaking: The Principle of Numerus Clausus, Avihay Dorfman
The Property Gap: Private Ownership, Trespass, and the Form/Function Mismatch, Avihay Dorfman
Copyright as Tort, Avihay Dorfman and Assaf Jacob
Law and Society Jurisprudence, Daphna Hacker
Commitment versus Flexibility in Enforcement Games, Avraham D. Tabbach and Shmuel Leshem
Papers from 2010
The Law on Asymmetric Warfare, Eyal Benvenisti
BETWEEN RATIONALITY AND BENEVOLENCE: THE HAPPY AMBIVALENCE OF LAW AND LEGAL THEORY, Hanoch Dagan
FROM INDEPENDENCE AND INTERDEPENDENCE TO THE PLURALISM OF PROPERTY, Hanoch Dagan
REMEDIES, RIGHTS, AND PROPERTIES, Hanoch Dagan
THE CHARACTER OF LEGAL THEORY, Hanoch Dagan and Roy Kreitner
Can Tort Law Be Moral?, Avihay Dorfman
Private Ownership, Avihay Dorfman
The Case Against External Explanations of Tort Law: Can Antecedent Values Divine the Deep Structure of Tort Law?, Avihay Dorfman
What is the Point of the Tort Remedy?, Avihay Dorfman
EXCESSIVE PRICING, ENTRY, ASSESSMENT, AND INVESTMENT: LESSONS FROM THE MITTAL LITIGATION, David Gilo
The Gendered Dimensions of Inheritance: Empirical Food for Legal Thought, Daphna Hacker
Is Tax Law Culturally Specific? Lessons from the History of Income Tax Law in Mandatory Palestine, Assaf Likhovski
A Name of One's Own: Gender and Symbolic Legal Personhood in the European Court of Human Rights, Yofi Tirosh
Family Law and the Challenge of Modernity: Debate about Levirate Marriage among Moroccan Sages, Elimelech Westreich
Papers from 2009
National Courts, Domestic Democracy, and the Evolution of International Law, Eyal Benvenisti
Rethinking the Divide Between Jus ad Bellum and Jus in Bello in Warfare against Nonstate Actors, Eyal Benvenisti
Court Cooperation, Executive Accountability and Global Governance, Eyal Benvenisti and George W. Downs
EXCLUSION AND INCLUSION IN PROPERTY, Hanoch Dagan
From the Moabite Ruth to Norly Filipino: Intermarriage and Conversion in the Jewish Nation State, Daphna Hacker
Inter-Religious Marriages in Israel: Gendered Implications for Conversion, Children and Citizenship, Daphna Hacker
Criminal Responsibility for Unspecified Offenses, Alon Harel and Ariel Porat
Argonauts of the Eastern Mediterranean: Legal Transplants and Signaling, Assaf Likhovski
Between Mandate and State: On the Periodization of Israeli Legal History, Assaf Likhovski
Protestantism and Radical Reform of English Law: A Variation on a Theme by Weber, Assaf Likhovski
Private Production of Public Goods: Liability for Unrequested Benefits, Ariel Porat
Symposium: Third Restatement of Torts: "Expanding Liability for Negligence Per-Se", Ariel Porat
THE SOCIAL DESIRABILITY OF PUNISHMENT AVOIDANCE, Avraham D. Tabbach
WEALTH REDISTRIBUTION AND THE SOCIAL COSTS OF CRIME AND LAW ENFORCEMENT, Avraham D. Tabbach
Adjudicating Appearance: From Identity to Personhood, Yofi Tirosh
Papers from 2008
Terrorism and Profiling: Shifting the Focus From Criteria to Effects, Daphne Barak-Erez
THE FEMINIST BATTLE FOR CITIZENSHIP:BETWEEN COMBAT DUTIES AND CONSCIENTIOUS OBJECTION, Daphne Barak-Erez
The Law of Historical Films: in the aftermath of Jenin Jenin, Daphne Barak-Erez
Asian Traditions and Contemporary International Law on the Management of Natural Resources, Eyal Benvenisti
Reclaiming Democracy: The Strategic Uses of Foreign and International Law by National Courts, Eyal Benvenisti
The Conception of International Law as a Legal System, Eyal Benvenisti
The Law on the Unilateral Termination of Occupation, Eyal Benvenisti
The Origins of the Concept of Belligerent Occupation, Eyal Benvenisti
Acknowledging the Conflict between Copyright Law and Freedom of Expression under the Human Rights Act, Michael D. Birnhack
Copyrighting Speech: A Trans-Atlantic View, Michael D. Birnhack
COPYRIGHT LAW AND FREE SPEECH AFTER ELDRED V. ASHCROFT, Michael D. Birnhack
Global Copyright, Local Speech, Michael D. Birnhack
More or Better? Shaping the Public Domain, Michael D. Birnhack
The Copyright Law and Free Speech Affair: Making-Up and Breaking-Up, Michael D. Birnhack
The Copyright Law and Free Speech Affair: Making-Up and Breaking-Up, Michael D. Birnhack
The Dead Sea Scrolls Case: Who Is an Author?, Michael D. Birnhack
The EU Data Protection Directive: An Engine of a Global Regime, Michael D. Birnhack
The Idea of Progress in Copyright Law, Michael D. Birnhack
Working Authors, Michael D. Birnhack
The Invisible Handshake: The Reemergence of the State in the Digital Environment, Michael D. Birnhack and Niva Elkin
Shielding Children: The European Way, Michael D. Birnhack and Jacob H. Rowbottom
Eichmann’s Mind: Psychological, Philosophical, and Legal Perspectives, Jose Brunner
Modern Times: Law, Temporality and Happiness in Hobbes, Locke and Bentham, Jose Brunner
Trauma in Court: Medico-Legal Dialectics in the Late Nineteenth-Century German Discourse on Nervous Injuries, Jose Brunner
JUST AND UNJUST ENRICHMENTS, Hanoch Dagan
RESTITUTION’S REALISM, Hanoch Dagan