PNINA LAHAV Curriculum Vitae
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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
Israel: Growing Pains at 60
Viewpoints Special Edition Israel: Growing Pains at 60 The Middle East Institute Washington, DC Middle East Institute The mission of the Middle East Institute is to promote knowledge of the Middle East in Amer- ica and strengthen understanding of the United States by the people and governments of the region. For more than 60 years, MEI has dealt with the momentous events in the Middle East — from the birth of the state of Israel to the invasion of Iraq. Today, MEI is a foremost authority on contemporary Middle East issues. It pro- vides a vital forum for honest and open debate that attracts politicians, scholars, government officials, and policy experts from the US, Asia, Europe, and the Middle East. MEI enjoys wide access to political and business leaders in countries throughout the region. Along with information exchanges, facilities for research, objective analysis, and thoughtful commentary, MEI’s programs and publications help counter simplistic notions about the Middle East and America. We are at the forefront of private sector public diplomacy. Viewpoints are another MEI service to audiences interested in learning more about the complexities of issues affecting the Middle East and US rela- tions with the region. To learn more about the Middle East Institute, visit our website at http://www.mideasti.org The maps on pages 96-103 are copyright The Foundation for Middle East Peace. Our thanks to the Foundation for graciously allowing the inclusion of the maps in this publication. Cover photo in the top row, middle is © Tom Spender/IRIN, as is the photo in the bottom row, extreme left. -
American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav
Hastings Constitutional Law Quarterly Volume 9 Article 2 Number 1 Fall 1981 1-1-1981 American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Pnina Lahav, American Influence on Israel's Jurisprudence of Free Speech, 9 Hastings Const. L.Q. 21 (1981). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol9/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. ARTICLES American Influence on Israel's Jurisprudence of Free Speech By PNINA LAHAV* Table of Contents Introduction ........................................................ 23 Part 1: 1953-Enter Probable Danger ............................... 27 A. The Case of Kol-Ha'am: A Brief Summation .............. 27 B. The Recipient System on the Eve of Transplantation ....... 29 C. Justice Agranat: An Anatomy of Transplantation, Grand Style ...................................................... 34 D. Jurisprudence: Interest Balancing as the Correct Method to Define the Limitations on Speech .......................... 37 1. The Substantive Material Transplanted ................. 37 2. The Process of Transplantation -
The Labor Party and the Peace Camp
The Labor Party and the Peace Camp By Uzi Baram In contemporary Israeli public discourse, the preoccupation with ideology has died down markedly, to the point that even releasing a political platform as part of elections campaigns has become superfluous. Politicians from across the political spectrum are focused on distinguishing themselves from other contenders by labeling themselves and their rivals as right, left and center, while floating around in the air are slogans such as “political left,” social left,” “soft right,” “new right,” and “mainstream right.” Yet what do “left” and “right” mean in Israel, and to what extent do these slogans as well as the political division in today’s Israel correlate with the political traditions of the various parties? Is the Labor Party the obvious and natural heir of The Workers Party of the Land of Israel (Mapai)? Did the historical Mapai under the stewardship of Ben Gurion view itself as a left-wing party? Did Menachem Begin’s Herut Party see itself as a right-wing party? The Zionist Left and the Soviet Union As far-fetched as it may seem in the eyes of today’s onlooker, during the first years after the establishment of the state, the position vis-à-vis the Soviet Union was the litmus test of the left camp, which was then called “the workers’ camp.” This camp viewed the centrist liberal “General Zionists” party, which was identified with European liberal and middle-class beliefs in private property and capitalism, as its chief ideological rival (and with which the heads of major cities such as Tel Aviv and Ramat Gan were affiliated). -
Imagined Citizenship
Adalah’s Newsletter, Volume 12, April 2005 Imagined Citizenship By Marwan Dalal1 In 1999, I had the opportunity to give a lecture before an American Jewish group in New York about the reality from where I came. Then, as today, reality did not flatter the State of Israel. At the end of the lecture, which was received attentively and yet with surprise, a member of the audience, a successful businessman in his late forties, approached me. He asked me about an issue which I had not raised in the lecture but that seemed relevant to him personally. He asked my opinion about the State of Israel’s non-recognition of the Reform Movement within Judaism. My answer revealed my wonder at the ease with which he conceded to a public official in a foreign country the right to determine his identity. The man seemed bemused and smiled at me politely. It was clear to me that the reasonableness of my answer was not convincing to this individual, who probably grew up listening to the sentiment expressed by the former United States Supreme Court Justice Louis Brandeis, who served on the Court between 1916 and 1939. Justice Brandeis stated that, “Practical experience and observing life convinced me that in order to be good Americans, we have to be better Jews. And in order to be better Jews, it is necessary to be Zionists.”2 It is highly doubtful whether the reality here - before, during and immediately after 1948 - was perceived from the United States, or if there has been any will to observe it. -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
Dr. Mohammed S. Wattad, Esq. Visiting Associate Professor of Law 1 [email protected]
Dr. Mohammed S. Wattad, Esq. Visiting Associate Professor of Law 1 [email protected] Résumé High Education 2008 The International Institute of Higher Studies in Criminal Science, Siracusa, Italy Participant (May 25PthP- June 4PthP 2008): The 2007 Specialization Course for Young Penalists, The Sharia and International Criminal Law, taught by Prof. M. Cherif Bassiouni. Honors: Winner of the Second "Best Oralist" Award at the Annual Moot Court Competition on International Criminal Law. Activities: Young Penalist, Member of the International Association of Penal Law (AIDP); Participant, the Annual Moot Court Competition on International Criminal Law. 2007-2008 The Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany Visiting Scholar, Post-Doctoral Fellow (September 2007-July 2008): Constitutionalizing Substantive Criminal Law in the German Jurisprudence; International Environmental Criminal Law; Torture, Terrorism and Criminal Law Theory; and The Meaning of Citizenship. Collaborating with Prof. Ulrich Sieber, Prof. Walter Perron, and Prof. Albin Eser. Honors: Winner of the Minerva Research Fellowship and of the Alexander von Humboldt Research Fellowship. Activities: Post-Doctoral and Minerva Fellow at the Max Planck Institute for Foreign and International Criminal Law. 2007 The International Institute of Higher Studies in Criminal Science, Siracusa, Italy Participant (May 20PthP-30PthP 2007): The 2007 Specialization Course for Young Penalists, Post-Conflict Justice: Policy Options and Modalities, taught by Prof. M. Cherif Bassiouni. Honors: Winner of an acknowledgement medal for rhetorical talents and skills at the Annual Moot Court Competition on International Criminal Law: "The Best Oralist for Legal Arguments". Activities: Young Penalist, Member of the International Association of Penal Law (AIDP); Participant, the Annual Moot Court Competition on International Criminal Law. -
TAMAR MEGIDDO [email protected] • +972-54-4456-140
TAMAR MEGIDDO [email protected] • +972-54-4456-140 EDUCATION NEW YORK UNIVERSITY Doctor of Juridical Science (J.S.D.) 2016 Dissertation title: The Everyday Life of International Law: How International Law is Practiced Within States Committee: Prof. Jeremy Waldron (supervisor), Prof. Eyal Benvenisti & Prof. Robert Howse Scholarships: J.S.D. Scholarship (full tuition & stipend), 2012-2015 Scholar-in-Residence, Tikvah Center for Law & Jewish Civilization, 2012-2014 Master of Laws, International Legal Studies, with honors (LL.M.) 2012 Thesis title: What is Missing in Theories of Compliance with International Law: A Critical Review Supervisor: Prof. Robert Howse Scholarships, honors and activities: School of Law Banner Bearer, Class of 2012 (Top graduation honor for academic excellence) Jerome Lipper Award for distinction in the International Legal Studies program PEO International Peace Scholarship Research assistant to Prof. Eyal Benvenisti HEBREW UNIVERSITY OF JERUSALEM Bachelor of Laws, Joint Degree Program with ‘Amirim’ Interdisciplinary Honors Program, magna cum laude (LL.B.) 2009 Scholarships, honors and activities: Research assistant: Prof. Yuval Shany & Prof. Frances Raday, 2008-2009. Teaching assistant: Prof. Moshe Hirsch (Public international law), 2008-2009; Prof. Catherine A. MacKinnon (Sex equality), 2008; Prof. Hanina Ben-Menahem (Jurisprudence), 2007-2008. Coach, Philip C. Jessup International Law Moot Court Competition Team, 2008-2009 ‘Amirim’ Interdisciplinary Honors Program Scholarship (full tuition), 2005-2008 -
Curriculum Vitae René Provost (2021)
RENÉ PROVOST AD.E. Fellow of the Royal Society of Canada Fellow of the Pierre Elliot Trudeau Foundation Full Professor, Faculty of Law, McGill University Chancellor Day Hall, 3644 Peel Street, Montréal (Québec) Canada H3A 1W9 June 2015 Tel: [514] 398-6647 Fax: [514] 398-3233 E-mail: [email protected] Feb 2021 EDUCATION University of Oxford - St.Antony's College (Sept. 1992- Dec. 98): Doctor of Philosophy (D.Phil.), 1998 Thesis: "Human Rights and Humanitarian Law: Fusion or Confusion?" (directed by Professor Sir Ian Brownlie QC). Funding: Fond pour la formation de chercheurs et l'aide à la recherche, Doctoral Fellowship; Canadian Centennial Scholarship; Committee of Vice-Chancellors and Principals of the Universities of the United Kingdom, Overseas Research Award; IODE- Canada, War Memorial Scholarship University of California at Berkeley School of Law (Boalt Hall) (Aug. 1990 to May 1991): Master of Laws (LL.M.), 1991. Thesis: "Stretching the Long Arm of the Law: Legitimacy of Judicial Power to Reform Public Institutions in Canada - A Comparative Analysis of the Law of Structural Injunctions in Canada and the U.S.A." Funding: Social Sciences and Humanities Research Council of Canada, Doctoral Fellowship; Canadian Institute for Advanced Legal Studies Scholarship (decl.); Fond pour la formation de chercheurs et l'aide à la recherche, Master's Degree Fellowship (decl.) École du Barreau, Centre de Montréal (Sept. 1988 - May 1989): Certificate obtained in May 1989. Université de Montréal, Faculté de droit (Sept. 1985 - May 1988): Bachelor of Laws (LL.B.), 1988. Collège Stanislas (Sept. 1983 - May 1985): Baccalauréat général d'enseignement du second degré in Economics with Honours ("mention bien") LEGAL EMPLOYMENT McGill University, Faculty of Law: Full Professor (from 2015) Associate Professor (2001-2015) Founding Director, McGill Centre for Human Rights and Legal Pluralism (Sept. -
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-Occupied Arab Territories
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-occupied Arab Territories Part III Article 2 A. Measures to eliminate racial discrimination 1. Measures preventing discrimination by all public authorities and institutions [See Article 4 for a discussion on the judicial, legislative and penal measures taken by the State to eliminate discrimination] Favoured Status for Jewish (“national”) Institutions Nonetheless, both Israel’s state and parastatal institutions exclusively proscribe Palestinians from enjoying the rights and Under the World Zionist Organization/Jewish Agency Status Law freedoms guaranteed to them by international law, and ratified by (1952), major Zionist organizations have special parastatal status. Israel. It is impossible for Palestinians to have fair appeals in Israeli They manage land, housing and services exclusively for the Jewish courts to uphold their rights. A dual system of law discriminates population. As no non-Jewish organizations enjoy similar status, this between Jewish Israelis and indigenous Palestinians based on a yields a vastly inferior quality of life for the indigenous Palestinian constructed status of “Jewish nationality.” This prejudicial Arab community. (More on these mechanisms of material application of law is apparent in all processes of the legal system, discrimination below under the specific rights affected). from the rights to information and fair trial to detention and prison treatment. State policies compound judicial failures by contracting The State party has taken no measures to address the charters or parastatal institutions (WZO, JNF, etc.) to annex and manage the the operations of these parastatal institutions, which form the most properties confiscated from indigenous Palestinians by developing fundamental and pervasive institutional discrimination in the country, and transferring them to possession by “Jewish nationals” in disadvantaging the entire class of indigenous Palestinian Arab perpetuity. -
2020 Annual Report
2020 Annual Report NGO Monitor provides information and analysis, promotes accountability, and supports discussion on the reports and activities of NGOs claiming to advance human rights and humanitarian agendas. 10 Yad Harutzim St. Jerusalem 9342148 +972-2-566-1020 | [email protected] | www.ngo-monitor.org NGO Monitor is a project of the Institute for NGO Research (R.A. 58-0465508) Organization in Special Consultative Status with the UN Economic and Social Council since 2013. NGO Monitor was founded jointly with the Wechsler Family Foundation. © 2020 NGO Monitor. All rights reserved. Design: Jen Klor | jenklor.com CONTENTS Achievements 2 Letter from the President 4 Top Accomplishments 6 Changes in NGO Funding Policies 14 Exposing NGOs Tied to Terror 18 Combating Lawfare 23 Praise for NGO Monitor – From Our Detractors 28 NGOs and Antisemitism 30 Expanding Our Reach 32 Annual Conference 35 Academic Publications 38 Management 40 Boards 43 This year was filled with unprecedented achievements and impact. Despite the challenges, we stayed true to our mission and accomplished a great deal. Please join us as we share our biggest success stories from 2020. 2020 Annual Report 1 ACHIEVEMENTS US State Department Governments cut declares BDS as antisemitic; will $3.8 million not fund pro-BDS to NGOs tied to NGOs terror groups DCI-P Senior Advisor disinvited from speaking at UN Security Council Confronting Submitted amicus brief anti-Israel and contesting International antisemitic NGOs Criminal Court in UN frameworks jurisdiction over Israelis 2 -
UCLA Electronic Theses and Dissertations
UCLA UCLA Electronic Theses and Dissertations Title History in the Public Courtroom: Commissions of Inquiry and Struggles over the History and Memory of Israeli Traumas Permalink https://escholarship.org/uc/item/3vf2g7r0 Author Molchadsky, Nadav Gadi Publication Date 2015 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA Los Angeles History in the Public Courtroom: Commissions of Inquiry and Struggles over the History and Memory of Israeli Traumas A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy In History by Nadav Gadi Molchadsky 2015 © Copyright by Nadav Gadi Molchadsky 2015 ABSTRACT OF THE DISSERTATION History in the Public Courtroom: Commissions of Inquiry and Struggles over the History and Memory of Israeli Traumas by Nadav Gadi Molchadsky Doctor of Philosophy in History University of California, Los Angeles, 2015 Professor David N. Myers, Co-Chair Professor Arieh B. Saposnik, Co-Chair This study seeks to shed new light on the complex web of relations among history, historiography and contemporary life. It does so by focusing on Israeli commissions of inquiry that have taken rise in the wake of major national traumas such as failed battles in the 1948 War, the Yom Kippur War, and the assassination of the Zionist leader Chaim Arlosoroff. Each one of these landmark events in the history of Israel was investigated by a state or a military commission of inquiry, whose members and audience operate as authors of history and agents of memory. The study suggests that commissions of inquiry, which have been studied to date primarily as legal, administrative, and political bodies, in fact also operate as a public historian of a unique kind.