Passover 5778, March 2018

The University Buchmann Faculty of Law Magazine

Buchmann Bulletin A round-up of the latest news from the Buchmann Beyond Faculty of Law Championing Animal Rights the Myth The Environmental Justice Legal Clinic has expanded Interview with Dr. Hila Shamir its scope this year to the about her groundbreaking ERC protection of animal rights research on labor approaches All Rise! to human trafficking Preparing our students for real-life court proceedings through moot courts and international competitions New Faces at the Faculty Introducing two new faculty members: Prof. and Dr. Kobi Kastiel Page 2 / De iure / March 2018

Note from the Dean On the occasion of the publication of the Faculty's Passover magazine

Welcome to the Buchmann Faculty of Law magazine, brought to you twice Into the bargain, I would like to wish staff members all the best for their a year, at Rosh Hashanah and Passover, in two languages, Hebrew and retirements. Rhoda Davidian is retiring after over 40 years of service to English. Out of the rich and varied activities of the Faculty, the current education as Director of the Faculty’s David J. Light Law Library. Rhoda issue reviews some of our news and latest developments. has mentored scores of students and library professionals, creating a compelling platform to share knowledge and an enduring legacy that A great source of strength and pride is the continued success of our will not be forgotten. We also bid farewell to Lea Linder, an exceptional alumni through the generations. We are delighted by the appointment of student secretary who has supported generations of students during her Justice to the Supreme Court of . Justice Grosskopf accomplished tenure with us. She has touched all our lives, including my is a former graduate and Associate Dean of the Buchmann Faculty of Law, own as a student, during this time. and he joins the ranks of distinguished alumni Justice , Chief Justice of the Supreme Court, and Justice Daphne Barak-Erez, Supreme In the current edition you will find a mixture of news and features on a wide Court Justice and former Faculty Dean. It is a great pleasure to celebrate range of topics that showcase the high-quality research and activities we the tremendous achievements of our alumni who are inspirational role are involved in. Our Environmental Justice Legal Clinic has recently been models for current and future generations of Faculty students. expanded to include the protection of animals, and we are delighted to offer this first glance into the important work they are doing. Also in this We are witnessing an intersection of great challenge and great edition, an interview with Dr. Hila Shamir about her groundbreaking ERC opportunity at the Faculty, and the 2nd Semester has been marked by an research on labor law approaches to human trafficking. Lastly, you can important personnel change. Dr. Hila Shamir, recipient of the European read about the Faculty’s diverse program of moot trials, showcasing our Research Council (ERC) grant for 2017, has stepped down from her role commitment to a curriculum that not only connects students to a rich as Dean of Academic Affairs to pursue her ERC research. She has been array of resources, but to an education that provides practical legal skills replaced by Prof. Issi Rosen-Zvi. I would like to wish them both every and a humanitarian, international perspective. continued success in their new duties and have no doubt they will triumph. Embracing our tradition of continuing commitment to excellence, we On the topic of appointments, I have pleasure in announcing two new take pride in the opportunities we offer to students to master the legal exceptional faculty members this spring, whose talents and expertise disciplines and participate in practical experiences that enrich their lives will build upon the remarkable dedication to excellence in teaching that and those they serve through these experiences. I hope you glean a taste characterizes our community. Prof. Yoram Danziger, former Justice of the of this as you explore our magazine. Thank you for all that you do to make Supreme Court, has joined the Faculty as a Professor of Law. We are thrilled the Buchmann Faculty of Law such a thriving community, and I wish you to have him with us after his distinguished service on the Superior Court and your families all the best for a happy Passover! and I am certain that he will contribute greatly to the Faculty’s pedagogy and further enhance our prestige. In addition, a warm and hearty welcome Sincerely yours, to Dr. Kobi Kastiel, who has joined the Faculty from Harvard Law School. Prof. Sharon Hannes, Dean Save the Date Upcoming Events at the Buchmann Faculty of Law Buchmann • Bulletin A round-up of the >9.4 >26.4 latest news from the "Unlocking the Cage – Recognizing Animals 3D Print and the IP Protection Regime. Buchmann Faculty Championing as Legal Persons". Conference organized by Round table discussion hosted by the S. of Law the Environmental Justice and the Protection Horowitz Institute for Intellectual Property in Animal of Animal Rights Clinic. Keynote speaker: Adv. memory of Dr. Amnon Goldenberg. Sonia and Steve Wise, Founder and President of NhRP. Edward Kossoy Conference Room (307). 16:00. 4 Rights 11 Malka Brander Hall of Justice (Kes Hamishpat) Trubowicz Building. 16:00-18:00. >29.4 Book symposium hosted by the Berg >16.4 Foundation Institute for Law and History. “How All Rise! Beyond Legal Education: Between Training, India Became Democratic: Citizenship and Moot courts prepare the Myth Instruction and Mentorship. A symposium to the Making of the Universal Franchise” our students for celebrate the launch of “TAU Journal of Law & by Ornit Shani. Sonia and Edward Kossoy real-life court Interview with Dr. Hila Shamir Social Change” 9.1. Sonia and Edward Kossoy Conference Room (307). 18:00. proceedings about her groundbreaking ERC Conference Room (307). 17:30. research on labor approaches >17.5 to human trafficking >22.4 Book symposium hosted by the S. Horowitz Book symposium hosted by the Berg Institute for Intellectual Property in memory of 13 15 Foundation Institute for Law and History. Dr. Amnon Goldenberg. “Emptied Lands - A Legal Geography of “Non-Conventional Copyright” by Enrico Bedouin Rights in the Negev” by Alexandre Bonadio & Nicola Lucchi (eds.). Sonia and Kedar, Ahmad Amara, and Oren Yiftachel. Sonia Edward Kossoy Conference Room (307). 17:00. New Faces Practical and Edward Kossoy Conference Room (307). at the Learning 18:00. >7.6 Faculty A joint course Book symposium hosted by the Edmond J. Safra with the State >23.4 Center for Ethics. “The Law of Good People: Introducing Annual Moot Trial held in remembrance of Challenging States' Ability to Regulate Attorney's two new Office our students who lost their lives in the line of Human Behavior” by Yuval Feldman. . Sonia faculty duty and in terrorist attacks. Malka Brander and Edward Kossoy Conference Room (307). members Hall of Justice (Kes Hamishpat) Trubowicz 16:00. Building. 18:00. 1914 22 >25.4 Criminal Law Conference honoring Prof. New on the shelf: Current issues of TAU Law periodicals 23 Shneur-Zalman Feller hosted by the Taubenschlag Institute of Criminal Law and the Berg Foundation Institute for Law and History. Sonia and Edward Kossoy Conference Room (307). 9:00. De iure www.en-law.tau.ac.il The Buchmann Tel. +972 3 640 7257 Faculty of Law Magazine Enquiries and Suggestions: Editor: Judi Crimmins [email protected] Graphic Design: Rakefet Oved Follow us on Page 4 / De iure / March 2018

Buchmann Bulletin A round-up of the latest news from the Buchmann Faculty of Law

Dr. Daphna Avnieli and Ofer Nimrodi at the launch reception for the Legal Arts Program Faculty Launches Legal Arts Program

The Faculty’s Legal Arts Program Dr. Daphna Avnieli, offers courses in and collaborate with leading law and was launched on February 25 with mediation, arbitration, negotiation business executives in the U.S. and a festive reception sponsored by the and leadership. The courses provide Israel. Israel Land Development Company. the perfect setting for developing new The reception was attended by over methods of practice and delivery in Dr. Daphna Avnieli’s vision is to 200 esteemed guests, including Ofer these fields while training professionals “encourage professions to return to Nimrodi, CEO of the Israel Land to succeed in the ever-changing academia and acquire new tools and Development Company, and Eli business landscape. The courses are techniques of creating dialogue and Cohen, Minister of the Economy. delivered by judges, top lawyers, and building trust, while using unique leading lecturers. Graduates will be skills to resolve complex disputes in The unique program, directed by awarded participation certificates the modern commercial world.”• former Tel Aviv District Court Judge and given the opportunity to network Page 5 / De iure / March 2018

WANTED: Prof. Aeyal Gross Prof. Chaim Gans Huge Trophy Cabinet Prof. Menachem Mautner Prof. Guy Mundlak Prof.Dr. Hila Chaim Shamir Gans

Prof. Yishai Blank Adv. Inbal Blau Maymon

We believe that the quality Prof. Aeyal Gross has been awarded in 2012. The Schnitzer Book Award the Zeltner Prize, awarded annually The Rector's Awards are presented of our research is second the Israeli Association of Public Law’s recognizes outstanding scholarship for outstanding scholarship in law. each year to Faculty members judged Gorni Award for his outstanding in the field of Jewish Studies and Rotary Israel and the Buchmann to have been most outstanding in the to none. Read about the scholarship in International Law honors scholars whose work reflects Faculty of Law at Tel Aviv University quality of their teaching. latest awards recognizing and Constitutional Law, and his innovative research and theoretical award the Prize to commemorate the faculty members who have activities in promoting human rights sophistication. late Prof. Zeev Zeltner. This is the second time that Adv. Inbal in Israel. The Israeli Association of Blau Maymon has won the Rector’s consistently demonstrated Public Law actively promotes public Prof. Menachem Mautner has won Dr. Hila Shamir is the recipient of Award for Excellence in Teaching. outstanding achievements law in Israel, both constitutional and the Landau Prize for the Sciences in the Cheshin Prize in the young Currently undertaking post-doctoral in the areas of research, administrative, and protects its core the Law category. The Landau Prize legal scholar category. The prize is research in , she was thrilled to teaching and related values and principles. is awarded each year by the National awarded annually by the Shneur hear the news. “It has strengthened my Lottery of Israel to researchers Zalman Cheshin Fund for Academic commitment to strive for excellence in activities that have brought The Association for Jewish Studies has who have attained outstanding Excellence in Law and the Faculty research and teaching, and as a Faculty distinction to themselves awarded Prof. Emeritus Chaim Gans achievements in a particular field, of Law of the Hebrew University of graduate and young researcher it is a and to the Buchmann with the Schnitzer Book Award for “A and who have made a valuable . dream come true. Educating the future Political Theory for the Jewish People” contribution to the promotion of generation of jurists is a privilege and Faculty of Law. (OUP, 2016) in the Philosophy science and research in Israel. Prof. Yishai Blank and Adv. Inbal a great pleasure.”• and Jewish Thought category. The Blau Maymon have won the Rector's Hebrew edition won the Bahat Prize Prof. Guy Mundlak has been awarded Awards for Excellence in Teaching. Page 6 / De iure / March 2018 The Future

of Law Clinics The collaborative workshop took place plenty of scope to learn from each in December 2017, bringing together other’s experience, inspiring lively academics and practitioners from debate and the examination of new The links between British and Israeli eight top universities in the United approaches to clinical legal education, Kingdom and 11 Israeli law schools. and the best ways to utilize it as a academia were reinforced recently The workshop was also attended by platform for social change. representatives from Southwestern with an exceptional visit from a Law School and Loyola Law School, “It was simply the best clinical legal delegation of UK Law Clinics. Los Angeles, USA. education gathering I’ve attended in years,” says Prof. John Fitzpatrick, Tackling a broad range of fields Law Clinic Director at the University such as criminal and youth justice, of Kent. “The presentations and environmental law and human rights, commentaries given by our colleagues the two-day seminar provided a in Israel were uniformly informative, unique opportunity to explore the challenging and inspiring. The management of legal clinics in Israel discussions were frank and and the UK and compare and contrast enlightening. We came away full of approaches to discrete, practical areas ideas and were duly nudged to up our of law. Presentations about current game back in the UK.” projects and case studies provided

It was simply the best clinical legal education gathering I’ve attended in years

Prof. John Fitzpatrick Page 7 / De iure / March 2018

What are your thoughts on clinical community problems. To see this legal education in Israel? interlink with a law clinics’ role was incredible.” “There are so many clinics doing a very impressive number and variety of In addition to Prof. John Fitzpatrick innovative projects. It was a real eye- and Adv. Frances Ridout, the UK opener. They are patently delivering It was captivating to delegation comprised Dr. Amir Paz- support and entitlements on the Fuchs from Sussex University, Adv. ground in their communities, and at see how the migrant Jacqueline Kinghan from University the same time pushing and probing NGO in South Tel College London, Adv. Nick Johnson the law to spread the impact of their Aviv is working with from Nottingham Trent University, efforts more widely. There is a lot that Prof. Sandy Fredman from the law clinics in the UK can learn not just locals and migrants University of Oxford, Adv. Linden from the work being undertaken, but to resolve ongoing Thomas from the University of also from the thinking that has gone Birmingham, and Dr. Vicky Kemp into clinical legal education in Israel.” community problems. from the University of Nottingham. To see this interlink That’s superb to hear. What was the … highlight for you? with a law clinics’ role was incredible The workshop was made possible “A visit we had to a migrant support due to the generous sponsorship of centre in Southern Tel Aviv where we the Friends of Israel Educational were able to listen to, and participate Foundation. It was organized by Prof. in, a very moving discussion between Adv. Frances Ridout Issi Rosen-Zvi from the Buchmann its director and a local community Faculty of Law and Dr. Amir Paz- leader.” can be both so different, and yet so Fuchs from Sussex University. The similar, between the two countries. workshop was hosted by Tel Aviv Adv. Frances Ridout, Deputy Director I was so inspired to hear about the University’s Law Clinics with the help of the Legal Advice Centre at work being undertaken.” of Adv. Raanan Giladi, Sharon Dwek, Queen Mary, University of London, and Nirit Puterman. • thoroughly enjoyed the workshop. “It It’s inspiring for both students and was without doubt one of the most clinicians, I imagine, seeing how thought provoking and stimulating the legal profession can contribute conferences I have been to.” to the wellbeing of a community, Photography: Hicham Chabaita particularly when it encompasses What made it special? a collaborative project with local community partners. “It was a wonderful exchange of thoughts and ideas between “Absolutely, and it was captivating clinics operating in very different to see how the migrant NGO in jurisdictions. It was fascinating to hear South Tel Aviv is working with locals how the role of clinical legal education and migrants to resolve ongoing Page 8 / De iure / March 2018

Bright Young Things

The WIPO conference took place the accompanying faculty and WIPO protection regime, the mechanism for A delegation of 11 students from in November 2017 in Geneva, and officials. Topics included Artificial granting patent protection to genetic provided students from around the Intelligence, Intellectual Property and sequencing, and IP rights' violations. the Buchmann Faculty of Law, world with a unique opportunity to Technology, Patent Areas, Dispute The presentations were excellently engage with WIPO officials, attend Resolution, and the Academy of done and received an enthusiastic headed by Dr. Amir Khoury, sessions, trade ideas and facilitate WIPO. On the second day, the response. discussions. students participated in a workshop participated in the recent World in which they debated key issues The students were supported by the The students exchanged different that influence and affect IP laws and S. Horowitz Institute for Intellectual Intellectual Property Organization perspectives and examined key issues regulation. Property in memory of Dr. Amnon of concern to the IP community, Goldenberg. • (WIPO) Annual Study Conference. permitting them to explore possible The highlight was undoubtedly integrated approaches to such concerns the presentations given by the and their anticipated ramifications on Faculty’s bright young things, who creativity and innovation. worked diligently to complete their research in the WIPO Library. Their On the first day of the conference, a presentations dealt with three burning series of lectures were presented by topics: 3D print and its effect on the IP Continued >> Page 9 / De iure / March 2018

The fellowships are a tremendous achievement for the winners and a significant honor for the Faculty's graduate program. The Zvi Meitar Center for Advanced Legal Studies at the Faculty encourages individual excellence in research and fosters a community of scholars who support one another’s academic journey. The President's vote of confidence in the students' studies demonstrates the Center’s excellence, as well as the importance and relevance of sound theoretical research for advancing policy and reflection on social, political and legal processes in Israel.

The winners of the President's fellowships are: Bell Yosef Bell's work deals with creating a substantial dialogue model between courts and legislators. The model seeks to create a dialogic interaction and discussion that enables better political governance on the one hand, and deepen the protection of human rights on the other hand. Through empirical and theoretical framing, she offers practical mechanisms that encourage this dialogue in Israeli constitutional law. Faculty doctorate Dana Alexander Dana's academic research is conducted after over two decades of work as a candidates receive human rights lawyer in the Association for Civil Rights in Israel. Her research seeks to understand why the constitutional discourse around human rights encounters, in certain cases, fierce public and political opposition, becoming President’s excellence itself the subject of controversy, instead of serving as a consensual framework for settling disagreement. Drawing on critiques of human rights from constitutional, anthropological and political theory, the study seeks to conceptualize the fellowships boundaries of the constitutional paradigm of human rights, as reflected in oppositional discourse, and to discuss the implications for the practice of legal In January 2018 the , Reuven human rights advocacy. Rivlin, awarded 10 fellowships to doctorate students in various academic disciplines in all Elad Uzan Israeli universities. Of the 10 fellowships, three Elad's research focuses on "Just war" theory—the most influential theory at present to provide objective guidance for the ethical prosecution of wars. were awarded to doctorate candidates in the Elad's project stems from the observation that the theory offers no guidance for determining when belligerents in contemporary non-international armed Zvi Meitar Center for Advanced Legal Studies at conflicts, also known as “asymmetrical conflicts”, should cease hostilities. His the Buchmann Faculty of Law. dissertation constructs a normative economic model, based on the idea that moral costs and benefits determine whether the conflict is justified. Page 10 / De iure / March 2018 Faculty Ranks 1st in Israeli Bar Association Exam Results The Buchmann Faculty of Law has once again topped the country in pass rates for the Israeli Bar Association (IBA) results, released November 2017.

The IBA results demonstrate an measure of how effectively the school impressive 81% pass rate for Tel Aviv prepares its students to practice University, surpassing the Hebrew law, and the Faculty is proud to be University of Jerusalem (80%), Bar consistently ranked No. 1 in Israel. Ilan University (69%), IDC Herzliya These results affirm the Faculty’s (68%), and Haifa University (60%). ongoing commitment to inclusive These results include the percentage excellence, to meeting the academic of examinees passing the bar who needs of our students, and providing graduated from Israel’s public and them with the tools and education private law schools. Graduates of they require to succeed in their future public research universities displayed as legal practitioners. an obvious advantage over their peers who attended private colleges. Among In addition to the impressive IBA university law school graduates, pass rates, the Faculty is delighted comprising 17% of test subjects, 75% to report that 17 students have been passed the exam. However, in a result accepted into the Supreme Court indicating a steady downward trend in Internship Program. These placements exam pass rates over recent years, only provide interns with an exceptional 34% of overall test-takers passed the opportunity to work with the Justices examination, with an appalling 66% of on cases pending before the Court, applicants failing. and build a substantial, experiential knowledge of the role, functions and The bar exam passage rate among history of the . law school graduates is an essential • Page 11 / De iure / March 2018 Photography: Dan Rosenthal

The newly renamed Environmental environmental protection through Justice and the Protection of Animal biodiversity, wildlife and the Rights Clinic operates under the environmental impacts of livestock academic supervision of Vice Dean, farming. The students engage in eager, Prof. Issi Rosen-Zvi, and the clinical at times heated, discussions on the instruction of attorneys Dr. Eran various issues, reflecting the complex Tzin and Amnon Keren. The Clinic and multifaceted nature of the subject. strives to integrate both theoretical The discussions demonstrate the studies and practical legal work in the vague spectrum which animals habit rapidly developing field of animal law, in human lives, as sentient beings advocating for the rights of those who caught somewhere between property cannot speak for themselves and are and products, to best friends and entitled to dignity, compassion and a cherished members of the family. life free from suffering. In December 2017, the students Establishing a clinical program for went on a study field trip to animal rights is unique among Israeli illegal waste sites and attended academic institutions and a conference on the subject. The has sparked great interest students then went on to visit and support from colleagues. a dairy farm and the Freedom The Clinic examines issues such as Farm Sanctuary in Olesh, the philosophical and social justice a cooperative agricultural concepts of animal liberation, community in central Israel. animal protection laws and policies, The trip illuminated some of and the intersection the issues discussed in class of animal and and offered the students a first-hand – and for many first-time – experience in visiting such facilities. It also provided them with the opportunity to reflect on the complexities and The Environmental Justice Clinic at the Buchmann Faculty of Law has contradictions which arise expanded its scope this year to the protection of animal rights and welfare. from these situations; the reality of meeting a Covering the spectrum of animal rights issues, the Clinic works to broaden kindly farmer who shows them great hospitality the depth and definition of animal law within the legal community, with the on one hand, and on aim of making law and justice in Israel more effective in protecting animals. the other regards the cows as commodities, as well as observing rescued animals in the Illustration: Nonhuman Rights Project

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sanctuary that are free to express their The third project is a research initiative autonomy and personalities. As one concerned with developing the legal of the students remarked, “they are status of animals and attaining the actually observing you”. recognition that animals are entitled to certain fundamental rights, such as On the practical side, the Clinic is bodily liberty and bodily integrity. The currently involved in three projects. research is carried out in collaboration First, through collaboration with with the Nonhuman Rights Project Photography: Dan Rosenthal the Class Action Clinic, they have (NhRP), a nonprofit organization intervened and filed an objection to based in the U.S., as part of a global an inappropriate settlement in a class network promoting this issue. NhRP action against Soglowek, one of Israel's files habeas corpus petitions on behalf largest meat producers, which has been of captive animals in the U.S. and exposed time and again for animal worldwide, and last year took part in cruelty. In a second case, the Clinic a monumental precedent in which an plans to file an injunction against a Argentinian court granted a writ of major egg producer in Israel, with habeas corpus to a chimpanzee named the objective of ending the intensive Cecilia, and ordered her release from confinement of hens kept in battery a zoo. cages, a field in which regulatory authorities have consistently failed to As part of this collaboration, the Clinic take action. will launch its new animal rights

The discussions program in a conference on April 9: demonstrate the the Environmental Justice Clinic at "Unlocking the Cage – Recognizing the Buchmann Faculty of Law. The Animals as Legal Persons", the first vague spectrum conference will also incorporate a academic conference of its kind in which animals habit round-table discussion, bringing

Photography: Dan Rosenthal Israel dedicated to discussing the together animal and constitutional law 'personhood' of nonhuman animals. in human lives, as experts along human-animal relations The keynote speaker will be Adv. Steve sentient beings researchers and civil society members. Wise, Founder and President of NhRP, and one of the world's preeminent caught somewhere As the Clinic moves towards exploring legal scholars in the field of animal between property the possibilities and challenges of filing rights. During the event, a panel of further petitions, it hopes to broaden animal legal scholars will debate timely and products, to the depth and definition of animal issues concerning the legal status of best friends law within the legal community, thus nonhuman animals, among them instigating a profound change for Haifa District's Court Judge Daniel animal protection in Israel. • Fisch, who established and directed Page 13 / De iure / March 2018

All Rise! Preparing our students for real-life court proceedings Efrat Fadida and Shani Rozenzweig wowing the judges with their legal prowess

We believe moot courts One of the main events in the Faculty play the roles of judges and lawyers for students with access to moot courts. consequences from various viewpoints calendar is the Moot Trial, an annual the Israeli Bar Association, as well as The International Committee of the were explored. We are delighted to are a valuable addition event held in remembrance of our amicus curiae, attorney general, and Red Cross (ICRC) holds an annual report that one of our teams won! Efrat to traditional academic students who lost their lives in the others. It is based on a real, ongoing moot court competition to promote Fadida and Shani Rozenzweig put in a line of duty and in terrorist attacks. In case relating to the legal profession awareness and understanding of stunning performance and wowed the legal training at the addition to the Moot Trial, the Faculty in Israel. At the center of it is an oral international humanitarian law. As part judges. Fadida and Rozenzweig, along offers a course, run by Prof. Neta Ziv, discussion that takes place before a of this, the ICRC works with academic with Yael Hadad, will represent Israel Buchmann Faculty of which includes a moot court as an panel of judges, in accordance with institutions across the globe to promote in the Jean-Pictet Competition hosted Law. Through simulated integral and exciting component of the the rules of procedure and code of the study of this area of the law. by the ICRC in Macedonia, March 24- program. behavior, carried out in the customary 31, 2018. court proceedings and black robes of Israeli court dress. The In October 2017, the Buchmann The Legal Profession: Ethics and event is attended by students, faculty Faculty of Law was represented by two We would like to take this opportunity informal networking Responsibilities course is designed members, families and other guests. superb teams in the national qualifying to thank them for doing the Faculty opportunities, our to convey theoretical and critical This year, the moot court was based rounds who competed against students proud and wish them great success in knowledge to students regarding on the events of a pending case at the from other universities across the Macedonia. We would also like to thank students learn practical the legal profession as a legal-social Jerusalem District Court regarding the country. The teams participated in Noa Geva, Khawla Nassar and Roi approaches to complex institution, along with the ethical temporary suspension of Adv. Barak several rounds of simulations that Ya'acovi for their fantastic team effort principles that guide and regulate the Cohen. tested their knowledge of international and participation in the national legal issues, and have a practice of law. humanitarian law. It was a challenging qualifying rounds. Finally, we would The Faculty regularly partners with competition, in which crucial and like to express our gratitude to team blast in the process. The moot court is run entirely by other academic institutions and fascinating issues from war and coaches Adv. Roy Ariav and Adv. Hila students selected for the program, who international organizations to provide conflict, its causes, conduct and Zur, and the team’s academic advisor

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The Jessup team gave an outstanding performance at the national qualifying round Our students participating in a moot trial at the University of Vienna

Dr. Eliav Lieblich, for their support and international rounds take place in Jerusalem. It was a tough competition, is to afford students and junior legal claims based exclusively on the outstanding leadership. Washington DC each April. and while the Faculty team didn’t win scholars with an intensive, critical, law that existed at the time. this year, we are infinitely proud of our interdisciplinary, research-oriented The Philip C. Jessup International In addition to the unique experience, students and their exceptional talents and source-based training in the history Working with local, non-Jewish Law Moot Court Competition (aka participating in the competition and dedication. of the Jews and their relations with the students, the Faculty students were ‘The Jessup’) is the world’s oldest and contributes greatly to the students’ non-Jewish environment in Central afforded with a rare and exciting largest moot court competition. The litigation capabilities, developing We would like to thank team coaches Europe from the late 15th century to opportunity to see how a very different Jessup is organized by the International strategic, research, writing and Dr. Tamar Megiddo and Adv. Mirjam the present. The annual event includes legal system works in practice. Law Students Association (ILSA), and presentation skills. The competition Streng, and academic advisor Dr. lectures and seminars, excursions to Over the course of the week, they attracts students from over 600 law also provides students with an excellent Doreen Lustig, for their outstanding places of cultural significance and began to understand the rationales schools in 100 countries. This is the first opportunity to establish a professional leadership. historical moot courts. underpinning the interpretations time that a team from the Buchmann network and connect with students of their opponents which led, Faculty of Law has participated. from all over the world who are likely From the Jessup and Red Cross Last year, a delegation of Faculty unsurprisingly, to some heated and to hold central roles in public and competitions to boarding a time students led by Prof. Arye Edrei passionate arguments. The Jessup features a simulation of a private sectors in future, as well as in machine to 18th century Europe… participated with students from all fictional dispute between countries the academia. It is an important and in July 2018, a delegation of students over Europe. The highlight of the We are looking forward to sending before the International Court of prestigious experience for students headed by Prof. Arye Edrei will once week was the moot court itself, where the next delegation of students on Justice, the UN's principal judicial wishing to pursue an LL.M. abroad. again immerse in the roles, treatment the students pleaded before a panel of this unique time travel expedition organ, addressing timely issues of and representation of Jews and Jewish judges, including Justice Neal Handel to Vienna in the summer, where public international law. Participating We are extremely proud of Maya law in 18th century Europe at a unique of the Supreme Court of Israel. The they will encounter a rich and teams play advocates for the parties Ashkenazi, Vini Mostovoy, Mayar conference in Vienna. The Jewish Holy theme centered on a rabbinic tribunal vibrant, if complicated past, creating involved in the dispute, writing Darawshe, Shira Hauzer and Noam Roman Empire Summer Academy at of Central Europe and took place in new friendships, and life-long detailed legal memorials and preparing Morris who gave outstanding the University of Vienna’s Department the Jewish community of Prague in memories.• wide-ranging oral presentations on performances at the national qualifying for Legal and Constitutional History the 18th century. The students were behalf of their states. The competition’s round against the Hebrew University of was established in 2009. The objective required to analyze, interpret and make Page 15 / De iure / March 2018

category. In her research, she seeks to expand the existing anti-trafficking tool kit to include labor-based strategies that target the structure of labor markets prone to severely exploitative practices such as domestic work, care work, construction and agriculture. Her research explores various market-based initiatives to curb human trafficking. Your project is a departure from Research Spotlight the usual approach to trafficking, which is typically concerned with transnational crime and sexual exploitation, towards developing tools to combat labor trafficking. Do you think we are witnessing a shift in the way the world understands Beyond human trafficking? Dr. Hila Shamir “We are certainly witnessing a shift the Myth in the way the world understands the definition to include labor trafficking in its numerous sectors, legal responses to trafficking such as agriculture, construction, remained relatively unchanged, Lifting the veil on human trafficking and care work. While definitions mostly focused on immigration in the recent wave of international restriction, criminalization, and ex- instruments dealing with human post protection on the human rights trafficking include both sex and labor of the victims. What we Dr. Hila Shamir, outgoing Associate Dean of Dr. Hila Shamir joined the Buchmann trafficking, the movement to don’t have is a new Faculty of Law upon completion of her look beyond sex trafficking, and effective way Academic Affairs and Associate Professor doctoral degree at Harvard Law School at labor trafficking as well, to combat the in 2009. She teaches and researches in is relatively recent. This phenomenon, of Law at the Buchmann Faculty of Law, has the fields of labor and employment broader understanding now that we won the prestigious European Research law, welfare law, immigration law, and of trafficking is evident in understand it feminist legal thought, and serves as the Trafficking in Persons to go beyond Council (ERC) grant to pursue her research the academic advisor of the Workers’ Report issued by the U.S. severe forms on labor approaches to human trafficking. Rights Legal Clinic. State Department, and of exploitation in the United Nations in the sex We caught up with her to discuss her Dr. Shamir is the first legal scholar Office on Drugs and i n du s t r y.” from Tel Aviv University to have been Crime (UNODC) annual groundbreaking research. awarded the ERC in the starting grant reports. However,

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– and neglected to come up with What about the economic aspects, strategies to combat trafficking in how do they play a factor? other sectors.” “The economic interests in the The historic origin ‘Complete victims’ and ‘evil villains’. “mainstream” sectors that are prone Isn’t that part of the problem? of anti-trafficking to trafficking are much stronger than in the sex industry. Since it is “Precisely, the world is often far more is in cross-border criminalized in many countries, the complex than that. People do exert sex industry mostly isn’t connected to forced prostitution, some agency, make difficult choices, power structures in the same way that and put themselves in a vulnerable and I think that due agriculture and construction, or even position in the hope of significant large-scale fisheries, have influence in to path dependence, income. And as hard as it is to accept, the economic system. It is therefore traffickers are sometimes people or ‘institutional easier to prosecute sex traffickers in who are genuinely trying to help this fashion while other forms of labor stickiness’, we still impoverished persons leave their trafficking remain mostly under the difficult circumstances and thrive in think about the radar.” a different country, and at other time problem as primarily just ‘run of the mill’ employers in So let’s continue with the particulars; sex trafficking labor sectors where exploitative labor the project’s theoretical structure, its practices are common and protective clinical component, and timeline. How labor and employment legislation do you see the work progressing? credit: creative commons by flickr either don’t apply or aren’t enforced. We know that in the experience of “I anticipate the first year to be one of Let’s talk a little about the context. still think about the problem as about prostitution as an occupation many workers and employers in these conceptualization. I plan to establish In Israel, victims of labor trafficking primarily sex trafficking, and so all that individuals are trafficked into, labor sectors, the lines between choice the theoretical framework and enjoy the same rights extended to systems are geared towards that. The where women have no or little and coercion, and between decency undertake a close study of the existing victims of sex trafficking, but there is second reason is as you suggest, and choice, are victims of evil traffickers and opportunistic exploitation often scant effort to identify victims of labor literature on labor trafficking, explore trafficking or enforce anti-trafficking touches on societal understanding that buy, sell, and exploit them. It is blur and the circumstances get messy best practices, and utilize these tools measures in these sectors. Why do of the commercialization of sex. more challenging, in most countries, and complicated. Of course, I’m not in the context of a legal clinic. One of you think that is? Could it be the more Prostitution is considered exploitative to conjure the same legal response saying there can never be a situation the great things about working in the lurid, headline grabbing nature of sex in most countries, and parts of this to severe forms of exploitation in where a victimized woman is being context of a law school is the ability trafficking, whereas labor trafficking stratified occupation include poor other labor sectors, such as care severely exploited by a criminal, but to bring about change and reform might be deemed less news-worthy and minority women that are often work, and particularly to labor the point is that it’s an easy place through human rights and labor rights so there are fewer pressure groups highly vulnerable to exploitation. sectors with mostly male workers for the system to go when thinking lawyering in our legal clinics. In this lobbying on their behalf? Due to gendered assumptions about such as construction, agriculture about trafficking. It’s much more project, we will be using the Workers’ women’s limited agency, cultural and and fishing. Accordingly, national difficult when the problem concerns Rights Legal Clinic as a ‘laboratory’ “There are several reasons for that. The societal approaches towards sex, the and international anti-trafficking mainstream labor sectors where the to test the different ideas and tools historic origin of anti-trafficking is in vulnerability of women in some parts efforts traditionally mostly focused actors are not generally perceived in development, as well as observe cross-border forced prostitution, and of the sex industry, and the relatively on the sex industry – where images to be criminals, like farmers or the way courts respond to claims and I think that due to path dependence, high occurrence of violence in parts of complete victims, and evil villains construction companies, or elderly the challenges we might face when or ‘institutional stickiness’, we of this industry, it is easier to think resonate with public perceptions people … just salt of the earth people.” representing trafficked people in a

Continued >> Page 17 / De iure / March 2018

labor court. In the following three Take the EU, despite its open border years, I will carry out case studies in policy we can still see cases of different countries and sectors and trafficked Romanian farm workers develop both a theoretical framework in Italy for example, and it’s a whole My project seeks to and a normative blueprint for a labor other situation there due to internal approach to trafficking. The final stage immigration policies and the freedom utilize existing practices will be the synthesis of these different of movement. These global variations and methods that aspects into a series of articles and need to be taken into account.” reports.” have been successfully Do they pose a problem for the experimented with and Speaking of different countries, the research? circumstances in which humans are develop new regulatory trafficked for labor exploitation vary “Not a problem per se, but they do strategies to improve and each country has its own unique need to be closely looked at. The problem. In the project outline, you kind of breakthrough this research workers’ conditions, say the specific patterns in a given seeks to offer is not a ‘one size fits labor sector and the legal regimes including enabling the all’ solution; it must be tailored to in a given country will need to be workers themselves to considered. How much do these the specific context. I’m interested in global conditions vary? developing an analytical framework be agents of change to understand the context, and ask the “They vary significantly between right questions about each context, countries and between sectors. with a view to applying the framework Some sectors have similar economic to different countries and sectors. The logics, if we consider the seasonal variations provide me with the tools to think about the meta-questions, and nature of agriculture for instance, There’s a growing voice within I plan to do case studies in different agency and regard it as an instance country illegally… but the focus of and the way workers are recruited of extreme labor market exploitation. this project is on the structure of academia arguing that research for guest worker programs might countries and sectors with the aim on trafficking, and particularly of better understanding the kind They are complicit in the sense that the markets in which they labor, be similar. There will be greater they needed a job, and they have and the power disparities between sex trafficking, tends to espouse variance within the same country of framework required to develop unsupported claims that have effective anti-trafficking tools.” agency in the sense that they actively different actors in these markets that between different sectors, for instance looked for one. Many victims of enable trafficking. I want to identify become entrenched in the narrative as accepted dogma, usually in a bid care work and agriculture, whereas I want to ask you about the ‘double labor trafficking travel long distances new migration, employment and these sectors vary significantly from to subvert broader political issues. identification’ of trafficked people to reach another country, or move workplace organization approaches Prof. Ronald Weitzer from George each other in their recruitment and as both victims and illegal migrants. from the village to the city, with that will empower workers to improve Washington University, for instance, employment practices within the On the one hand they are innocent the aim of achieving a stronger their working conditions and provide maintains that in a recent review of Israeli context, each sector share victims, and on the other complicit economic standing. And they are them with accessible legal tools to do one hundred academic articles on sex significant similarities with parallel in their ‘crime’. Since you’re trying vulnerable because of their personal so. My project seeks to utilize existing trafficking, few contained original sectors in other countries. There are to detach from the criminal element circumstances, such as poverty, practices and methods that have been data. That’s shocking. What do you also variations between countries here, how do you tackle the issue? belonging to a minority group, a successfully experimented with, and think? due to a multitude of factors such lack of education or other factors develop new regulatory strategies as the immigration regime and even “I don’t think of them as complete that make them vulnerable to severe to improve workers’ conditions, “Weitzer is quite right about some the geography of a country; some victims or as being complicit in a forms of exploitation. Of course, including enabling the workers of the scholarship in this field. are easier to get into than others. crime, I think of them as having some of them may have entered a themselves to be agents of change.” One of the goals of the project is to

Continued >> Page 18 / De iure / March 2018

produce new research with data and and international agencies, as well as information about best practices on NGOs working on anti-trafficking the ground. I think that collecting will be cognizant of the other tools information from existing reports and I want to contribute and respond to this change in climate. studies is important to understand I hope to do my part in creating a the common understanding and to the ongoing shift paradigm shift by offering a deeper perception of how things are, and in our conception way of thinking about the issues. I plan to do that during the first It isn’t a totally new territory and phase of the research. However, of what human there are other actors involved in the some of the numbers we know about trafficking is by conversation; the International Labor the scope of trafficking and the Organization, for instance, has a information we have about its nature offering tools to relatively new protocol about human may be unreliable. It is well known, combat it more trafficking and they are showing for example, that the Trafficking in willingness to think about it from a Persons Report and UNODC used to effectively labor approach. I want to contribute to work with methodologies that have the ongoing shift in our conception of been significantly and convincingly what human trafficking is by offering criticized by scholars. In this sense tools to combat it more effectively.” Weitzer is correct. My intention is to Photo: creative commons by flickr It’s a fascinating project, and it’s been go beyond the common myths and a pleasure discussing the various perceptions about trafficking and issues with you. Finally, you’ve attempt to shed new light on these collaborate with NGOs on the able to pursue my own research while forms, and I hope to do all these recently stepped down from the issues.” ground and work with researchers working collaboratively with many things in a way that will give us a more role of Associate Dean of Academic from around the world and gather other people.” holistic understanding of the effective Affairs… to launch into research. How What aspects of the project are you the preliminary information and tools to combat trafficking.” does it feel? particularly excited about? original data. I’m also excited about Drawing upon one another’s creative synergy… What are you hoping the project will taking a multifaceted look at labor “I’m very excited to enter this new achieve? “Where do I start? First, the sheer trafficking in a way that doesn’t limit research project,” smiles Dr. Shamir. scope made possible by the generous me to one tool or mode of analysis. “Exactly. Usually when you do “I’ve been in office as Associate Dean funding of the ERC to not only rely The funding will allow me to do academic research, you might write a “I have high expectations. I am hoping of Academic Affairs too short a time, on secondary sources and materials— that, as well as engage with many book or a paper and explore the issues it will shift the global discourse on only since July 2017, which hasn’t apropos the previous question—but researchers at different stages of from different dimensions. Due to the human trafficking, for instance when afforded me much time, realistically, to have the ability to learn about their academic careers, involve other scope and magnitude of the project and countries describe their own actions to realize many of the goals I had prior the reality in different countries, people in the project and create the ability to involve many researchers to combat trafficking, I hope that it to commencing the job, but you can’t a buzzing research hub in it, I hope to break the mold and will no longer be sufficient to say, ‘we do it all. I might come back to this where people will ask these carry out a detailed analysis of a host criminalized trafficking’. It will no office another time… we’ll see. As questions, explore their of uncharted elements in a way that a longer be sufficient to say, ‘we have it stands, now is the time to do this implications together, smaller-scale project might not allow. trafficking victim shelters’. Both are research, and I’m delighted for the and further develop For instance, simultaneously looking important, I am not disqualifying opportunity to do so!” • the paradigm of a labor at bilateral agreements, unionizing, them as possible tools, but I am approach to trafficking. corporate social responsibility, disqualifying them as the main tools. I’m excited about being domestic legislation in its various I am hoping governments, national Page 19 / De iure / March 2018

Supreme Court Justice Danziger Joins Faculty

New Faces at the Faculty

The Buchmann Faculty of Law is delighted to announce two new faculty appointments: Supreme Court A proud graduate of the Buchmann focusing primarily on corporate law. Faculty of Law, Prof. Danziger In 2000 he published “The Right to Prof. Yoram Danziger Justice (Ret.) Yoram received his LL.B. and LL.M. degrees Information about the Company”. with honors. He earned his PhD in law In 2007, Danziger was appointed to Danziger has joined from the London School of Economics the Supreme Court and has been a and Dr. Kobi Kastiel the Buchmann in 1983, and returned to Tel Aviv strong voice for its liberal wing, and University to teach commercial law. renowned for his consideration of the Faculty of Law and Prof. Danziger was a board member rights of criminal defendants. of the Association for Civil Rights in commenced teaching Israel, the founder of its branch in We are thrilled to welcome Prof. duties in March 2018. Tel Aviv, and served as co-editor of Danziger back to his alma mater as the Israeli Bar Law Review. He has a Professor of Law, and wish him all published numerous legal articles in the best for a successful and enjoyable Israel and in the , tenure at Tel Aviv University. • Page 20 / De iure / March 2018

Dr. Kobi Kastiel joins Kobi Kastiel’s exceptional research research and grow professionally, and and teaching record are the hallmarks that place is Israel. I accepted the offer First We the Buchmann Faculty of an illustrious career, which he to become a Faculty member at the of Law from Harvard began as a clerk at the Israeli Supreme Buchmann Faculty of Law with great Court under the supervision of Justice joy, and here I am.” Law School. A proud , former Chief Justice of Take the Supreme Court, and Justice Salim Welcome back to your old haunt! Faculty graduate, Joubran. Upon completion of his How does it feel? he researches and LL.M. at Harvard Law School, Kastiel practiced corporate law in a top New “I am very proud to be back at Manhattan teaches in the York law firm and was involved in my alma mater,” says Dr. Kastiel fields of corporate high-profile deals, spending long enthusiastically. “I have wonderful hours in “war rooms”, and working memories from the time I spent at the …and then Tel Aviv law and corporate shoulder-to-shoulder with some of University as a law student. It is the the finest lawyers in New York City. place where I experienced a significant governance, with a intellectual growth, acquired critical particular focus on During that time however, Kastiel skills and really fell in love with legal studies - as well as with my wife!” public companies started to feel that he was getting farther away from his “North Star”, You met her at Tel Aviv University? with controlling and from the reasons that initially That’s a story in itself. How do you motivated him to pursue a legal feel about the move from Harvard? shareholders, and education. Thus, in the summer of shareholder activism. 2012, he traded his office on the “The Buchmann Faculty of Law is a 32nd floor of a luxurious building in leading institution not just by Israeli In this interview, midtown Manhattan for the Harvard standards, but also by international Dr. Kastiel talks Law School Library, where he pursued standards. It has a very impressive a doctoral degree. Kastiel studied cadre of outstanding legal scholars about the move from under the supervision of Prof. Lucian in almost every field you can think Harvard, his current Bebchuk, a world-renowned legal of. I was lucky to study with some of scholar and a pioneering researcher in them. The prospect of becoming a part research interests, the area of corporate governance, law of this exceptional institution, and and finance, and law and economics. continuing where I left off a decade and recalls a wise Dr. Kastiel went on to become ago, is extremely exciting. I’m also piece of advice by Research Director at the Harvard very happy to switch the winter in Law School Program on Corporate Cambridge with the one in Tel Aviv…” Michael Jordan. Governance, and Co-Editor of the Harvard Law School Forum on I bet. What are your current research Corporate Governance and Financial interests? Regulation. “My scholarly work centers on “It soon became clear to me that there contemporary issues in corporate is only one place where I want to teach, governance with a particular emphasis

Continued >> Page 21 / De iure / March 2018

You recently co-authored a series and hot stories in the financial news in the financial market, such as of articles with your former mentor every other day. My hope is that the crowdfunding, peer-to-peer lending, at Harvard Law School, Prof. Lucian students will implement what they virtual currencies and blockchain Bebchuk. Tell us about that. learn in the classroom when they technologies, which are likely to read Globes or The Marker in their fundamentally impact financial “The series is about dual-class capital free time, and then bring their own That’s the best tip markets in future. Goldman Sachs structures, which enable founders of analysis and critique of these stories to I can give students. recently estimated that $4.7 trillion public companies, including some the classroom. This constant back and of revenue at the traditional finance giant media and tech companies, to forth between the professor and the Work hard, and services is at risk for disruption by retain a lock on control while holding students, and between the materials don’t default to your new technology. It's revolutionary and a minority of the company’s equity we learn in the classroom and outside these new initiatives are going to make capital. There has been a heated world, will make the teaching more comfort zone the lives of policy makers, lawyers, policy debate in the United States as interesting and dynamic, and help the and researchers interesting.” to whether these structures should students to remain engaged and take continue to be permitted. We try to ownership of the studied materials.” Do you have a golden rule for today’s influence and reorient this debate by students? placing a spotlight on a subset of these Speaking of classroom dynamics, companies whose structures raise what are your thoughts on the rise “In two words: apply yourselves,” he especially severe governance concerns. in online courses and innovative smiles. “I read a fascinating article Among other things, we show how learning methods? It might force law recently about basketball legends. dual-class firms with perpetual schools to rethink their pedagogical Michael Jordan, for instance, became duration become inefficient over time, methods. the world’s greatest basketball player and suggest subjecting them to sunset not only because he was blessed on public companies with controlling arrangements. We also identify the “Certainly, one important change is with exceptional athletic talents, shareholders. Concentrated ownership various legal mechanisms that enable already happening. Next year, as part but because he worked harder than is very common in the Israeli market, controllers to retain their small, or of a larger change to the colloquium, anyone else. Jordan famously said, but even in the United States, some of even tiny, minority of the company’s the Faculty will offer to fourth-year ‘My attitude is that if you push me the largest companies, including CBS, equity capital, and propose measures students a number of new courses, towards something that you think Facebook, Ford, Google, and Nike to limit them. Working with Prof. with the aim of illustrating how that require a deep understanding is a weakness, then I will turn that have a controlling shareholder, and Lucian Bebchuk, first as an advisee distinctive legal fields interact with of the interaction between many perceived weakness into a strength’. there has been an upward trend in the and most recently as a co-author, has one another in real life. It will help legal fields. These initiatives also That’s the best tip I can give students. adoption of control structures in recent been an amazing experience, and I students to adopt a broader, cross- raise important questions about Work hard, and don’t default to your years. My research seeks to offer new hope that these projects will help to sectional perspective about the law, international enforcement of the law comfort zone. Your professional perspectives on the existing taxonomy change the conversation about dual- and to apply what they learned in a and the divide between the public and journey starts here, at the Faculty. of controlling shareholders. Among class structures.” few separate courses in one integrative private domains.” It’s here where you acquire the basic other things, I explore the ability of setting. I am going to teach a class on foundations of thinking like a legal activist shareholders to engage with Tell us about a class you’re going to the new sharing economy. Platforms Very interesting. And how are these scholar and a lawyer. Take it seriously. controlling-shareholder companies teach. such as Facebook, Airbnb and Uber recent initiatives related to your field? Don’t cut corners, don’t skip readings and I challenge conventional wisdom are experiencing explosive growth. or classes, and be professional. It will regarding executive compensation “I’m going to teach the corporations For legal scholars and policy makers, “Well, an important part of this course pay off in the future, you will see.”• of professional managers in these class. It’s a very dynamic field, with a these global corporations raise will be devoted to the socialization companies.” constantly growing body of case law interesting questions and challenges of capital and new initiatives Page 22 / De iure / March 2018

The Heart Photography: Dror Einav of the Action

Adv. Orly Ben-Ari Ginsberg

The Attorney General Office in Action is one of The course includes lectures given the fact that a number of students “The course has always been in high by prosecutors from the District who took the course decided, at the demand, but due to its practical the flagship courses at the Buchmann Faculty Attorney’s Office and contains end of their studies, to join various nature we were only able to accept of Law. Students are thrust into the heart practical component in which departments of the State Attorney’s 24 students each year,” explains Adv. students experience the criminal Office as interns,” says Adv. Orly Ben- Ben-Ari Ginsberg. “After discussing of the action at the State Attorney's Office judicial process from the prosecutor’s Ari Ginsberg, Deputy Central District the issue with Dr. Hila Shamir, point of view. The students hone their Attorney, and the course’s academic Associate Professor and outgoing and take an active role in supporting real oral and written trial advocacy skills instructor. Associate Dean of Academic Affairs, cases. Currently in its third year, the course is by drafting motions, interrogatories we decided to involve colleagues from and other documents required to The course has been hugely-popular the Tel Aviv District Attorney’s Office undertaken in collaboration with the Attorney prepare a case for trial, as well as and the growing demand has resulted and make room for 36 students. I ‘shadowing’ prosecutors through in an expansion of the program to absolutely love giving this course. I General Office and provides intellectually the process of preparing a case and include two additional modules in think we have succeeded in providing challenging and sustained practice-based arguing it in court. 2017-18: “Tax and Economic Crimes” a professional and engaging learning and “State Representatives in the environment which the students development that affords students with a 'real The course does an exceptional job of Courts – A Practical Course in the find enjoyable, stimulating, and presenting daily work at the Attorney Civil Attorney's Office”. worthwhile.” • world' dimension to their studies. General Office. “We take pride in Page 23 / De iure / March 2018 New on the shelf: Current issues of TAU Law periodicals

TAU Law Review 40.1 (July 2017) Chief Editor: Daphna Hacker

Hani Ofek-Ghendler Leisure Time - Between Work and Leisure in the Digital Era | Eli Bukspan & Asa Kasher Direct Application of Constitutional Human Rights on the Citizenry | Tammy Harel Ben Shahar Leveling Down in Education | Sharon Hannes & Issachar Rosen-Zvi Defendant-Initiated Lawsuit | Bell E. Yosef The Normative Status of Legislative Initiatives |Rottem Rosenberg-Rubins The Israeli Retrial: An Institution at a Crossroads | Shay Lavie Wheel of Fortune: Distributing Class Action Funds TAU Law Review 40.2 (February 2018) Chief Editor: Daphna Hacker

Menachem Mautner Forty Volumes of Tel Aviv University Law Review | Gad Barzilai Constitutionalism of Nation-Building, Deconstruction of Legal Justice: A Perspective on Legal Research and Writing in Israel | Yifat Bitton & Liron Kanety Between Privatization and Individualism: Political Transformations and their Tortious Counterparts | Ayelet Blecher-Prigat & Ruth Zafran Celebrating 40 Years of the TAU Law Review – Evaluating 40 Years of Family Law Research | Barak Medina & Asor Watzman A Constitutional Revolution or Only a Human Rights Revolution? The Status of “Institutional” Constitutional Law

Theoretical Inquiries in Law 19.1 (January 2018): Fifty Years of Class Actions — A Global Perspective Chief Editor: Alon Klement

Yael Braudo Introduction | Arthur R. Miller Keynote Address - The American Class Action: From Birth to Maturity | Elizabeth Chamblee Burch Publicly Funded Objectors | Shay Lavie Tiered Certification |Brian T. Fitzpatrick Can and Should the New Third- Party Litigation Financing Come to Class Actions? | Zachary D. Clopton The Global Class Action and Its Alternatives | Alon Klement & Robert Klonoff Class Actions in the United States and Israel: A Comparative Approach | Brigitte Haar Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe | Fabrizio Cafaggi Towards Collaborative Governance of European Remedial and Procedural Law? | Catherine Piché Class Action Value | Vicki Waye & Vince Morabito When Pragmatism Leads to Unintended Consequences: A Critique of ’s Unique Closed Class Regime | Robin Hui Huang Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China | Agustín Barroilhet The Regime Politics Origins of Class Action Regulation. Page 24 / De iure / March 2018 New on the shelf: Current issues of TAU Law periodicals

Law, Society and Culture Series: Justice in the Legal System? Criminal Law and Criminal Procedure in Israel – Problems and Challenges Editors: Alon Harel, Ayelet Carmeli, Dvir Yogev, Dafni Bar Nathan. Series Chief Editors: Menachem Mautner, Assaf Likhovski.

Alon Harel, Ayelet Carmeli, Dvir Yogev & Dafni Bar Nathan Introduction | Yoni Livni White-Collar Crime in Israel: Is Enough Being Done? | Barak Ariel & Yael Levy-Ariel Reexamination of the Effectiveness of Deterrence |Yoav Mazeh False Allegation, Harm to the Complainee, and the Right to Remedy | Uri Weiss & Yosef Zohar Is the Game of Plea Bargaining a Game of Extortion | Kenneth Mann Adminstrative Criminal Procedure: Plea Agreements, False Convictions of Guilty Defendants and Judicial Review | Sigal Kogut, Efrat Hakak & Itamar Gelbfish Who’s Afraid of Structuring Judicial Discretion in Sentencing? The Court of Appeals and Amendment no. 113 | Miriam Gur-Arye The Impact of Moral Panic on the Criminal Justice System – Implications and Challenges | Leora Bilsky Between the Right to Truth and Rape by Deception | Avinoam Cohen Trespassing: Detention of Asylum Seekers at the Widening Margins of Criminal Law | Yoram Shachar Many Dead Defences and One that Kills | Lior Barshack & Tom Kohavi Human Dignity, the Rule of Law, and Repressed Memories | Lihi Yona & Ido Katri “Sister, You’re Not Alone in Here”: Gender Diverse Experiences in the Criminal Penal System | Asaf Harduf A Bit of Thought: Analyzing the Purpose of Proscribing Illegal Access to Computers |Haim Wismonsky Alternative Enforcement of Illegal Publications Online | Aharon Mishnayot The Constitutionality Index of Administrative Detention |Dvir Yogev & Ayelet Carmeli Decision-Making in Parole Boards: A Critical Perspective | Galia Schneebaum The Prohibition of Sex in Workplace Supervisory Relations: Between the Protection of Autonomy and the Regulation of Authority.

TAU Journal of Law & Social Change (Ma'asei Mishpat) 9.1 Editors: Prof. Issi Rosen-Zvi and Dr. Hila Shamir

Keren Glick and Kamila Michmam Introduction | Duncan Kennedy Legal Education As Training For Hierarchy | Yishai Blank Critical Legal Studies and Legal Education: Hierarchy, Rage, And What’s Next? | Orna Ben-Naftali and Amos Laor A Report to The Academy (On The Education Of The Trainee K.): Reimagining Legal Education | Vardit Dameri Madar Reading Freire In The Clinic | Issi Rosen-Zvi, Neta Ziv and Tamar Kricheli-Katz The Broken Promise: Hierarchy And Stratification Among Israeli Law School Graduates In The Twenty First Century | Ori Aronson The Law From Trial Court | Dina Zilber “My Eyes Beheld Wondrous Things”: The High Court Of Justice Department As A Place Of Legal Education | Chaya Gershuni and Rivka Lerner A Robe Of Modesty: Gender And Legal Education In The Ultra-Orthodox Community | Rabea Eghbariah Arab-Palestinian Students In Israeli Law Schools: A Critical Reading Of Legal Education In Israel | Anat Ovadia-Rosner Israeli Legal Education As Training For Competition | Roee Kreitner Curricular Reform at Tel Aviv: Faculty and Student Responsibility | Daphne Barak-Erez As For The One Who Knows Not How To Ask – Legal Education Facing The Inability To Know Everything | Dori Spivak On The Decreased Educational Role Of Judges | Orit Kamir Viewing Through Conceptual Lenses: Classroom Application Of Feminist Legal Theories To Feature Films (North Country) | Yifat Bitton Teaching Torts Without Torturing And Distorting | Anat Rodnizky A Chilling Effect? The Initiatives to Regulate Academic Freedom and Their Impact On Legal Clinics In Israel. Photography: Rivi Tal