The Buchmann Faculty of Law Magazine December 2019

A Man with a Plan Prof. Ariel Porat, former Dean of the Buchmann Faculty of Law, was recently named the ninth President of Tel Aviv University. We met with him to talk about his plans for ′s largest institution of higher education | p. 8

The Environmental Justice Clinic sues 30 Haifa Bay factories | p. 6 Big brother is watching you: Q&A with Mickey Zar | p. 11 Two students talk about their unconventional paths to the Faculty | p. 12 Message News from from the Dean the Faculty

Welcome to De Jure, the magazine of the These successes could not have been achieved In the past year the Faculty possible. Also this year, Prof. Roy around the world and competing Buchmann Faculty of Law at Tel Aviv University. without the trust and support of our generous signed an academic cooperation Kreitner headed a delegation from in timed lawyering simulations. donors. I would like to take this opportunity to agreement with the Sciences Po Law the Faculty to the PhD candidates′ Over the past year it has been rewarding to extend our most heartfelt thanks to the Faculty′s School in Paris. Last March, a joint week at Sciences Po. Among the Dr. Mickey Zar won the witness the unprecedented achievements on community of donors, and to congratulate Tzipi conference titled ″Migration and delegates were Prof. Michael 2019 Bahat Prize for her the part of the Faculty′s students. The Faculty Roitman, graduate of the Faculty and lay leader of Human Rights″ was held in Paris for Birnhack and PhD candidates Or forthcoming book: ″The Politics of ranked first among law faculties in Israel the German Friends of TAU, who joined our donor the two faculties, in honor of Bettina Cohen-Sasson, Bell Yosef, and Dalit Privacy: The Technological Drama Bar Exam pass rates, with community in March. Roth. Speakers at the conference Flaiszhaker. in the Information Sphere″, as an impressive 97 percent. included Prof. Yishai Blank and Prof. well as the Cegla Young Faculty Many of our undergraduate This issue offers a mix of news Issi Rosen-Zvi. A benefit was held A team from the Faculty Prize for her article: ″People students attained prestigious and features on a wide variety in June to support the collaboration. won the 32nd edition of who read this article also read…: clerkships, including at the of subjects reflecting the depth The Faculty is grateful to Mr. the Jean-Pictet Competition for Between privacy and profiling″. . A and breadth of our activities. François Heilbronn, president of the international law, in France. The Dr. Zar is a post-doctoral fellow team of students won first To begin with you can read French Friends of Tel Aviv University, team – Tomer Levinger, Dina at the Edmond J. Safra Center for place in the prestigious about the Environmental Justice Danielle Schemoul, and Adv. Odile Wecker, and Layan Yassin – came Ethics. She completed her master′s Jean-Pictet Competition and the Protection of Animal Cohen, without whose efforts the in first place out of 50 teams degree and PhD at the Zvi Meitar for international law, and Rights Clinic, which filed an collaboration would not have been representing universities from Center for Advanced Legal Studies, De jure graduates of the Zvi Meitar important class action lawsuit established thanks to the generous The Magazine of the Center for Advanced Legal against industrial polluters donation of the Zvi and Ofra Meitar Buchmann Faculty of Studies earned important in the Haifa Bay. This year the Family Fund. Law at Tel Aviv University awards. These achievements Clinic will receive a generous Chief Editor: are a testament to the donation from the Jeremy 23 students recently began Shay Aspril Faculty′s vision, mission and Coller Foundation and another studying in the Parasol Translation: commitment to excellence. philanthropic foundation. Foundation International LL.M. Tamar Cohen You will also find a series of Program. This group of students Graphics: Another exciting development for the Faculty fascinating interviews: with Professor Ariel Porat, came from 16 countries, including Michal Gizbar is the opening of the new LL.M. Program. The former dean of the Faculty, in which he lays out his the United States, China, the United Translation editing: one-year academic master′s degree has been plans as the new president of Tel Aviv University; Dr. Kingdom, Germany, Spain, Kenya, Erica Goldberg in great demand, admitting a first class of 160 Mickey Zar, a graduate of the Zvi Meitar Center; and and Nepal. The program was Ruth Almog students. Another achievement is the opening two students who tell us about the unconventional established thanks to the generous Cover photograph: of the new class of the Parasol Foundation paths that brought them to the Faculty. donation of Ms. Ruth Parasol. Yoram Reshef International LL.M. Program, bringing 23 https://en-law.tau.ac.il | students from 16 different countries to Tel Aviv! Happy reading! The Faculty opened an [email protected] The undergraduate program has also seen a Professor Sharon Hannes academic track in the field significant increase in enrollment. Dean of the Faculty of animal rights. In addition to The new class of the Parasol the Environmental Justice and Foundation International Credit: Yair Landler LL.M. Program. Students 2 De jure | December 2019 from 16 countries. December 2019 | De jure 3 News from the Faculty

Prof. Arye Edrei, Justice Neal Hendel and the students from the Faculty who participated in the historical trial.

and human rights in the global age.″ Rosen-Zvi and Prof. Yishai Blank The Tel Aviv Northwestern Group. Courses include trainings (Regionality as a Legal Concept); Prof. LL.M. in Public Law Program for mediators and arbitrators, Prof. Ehud Kamar won Ehud Kamar and Dr. Kobi Kastiel (An continues to attract many of courses in business negotiation, the 2019 Fattal Prize for Empirical Study of the Relationship the country’s most prominent and medical law. The Institute′s Excellence in Legal Research. The between Independent Directors judges, prosecutors, regulators, courses are given by judges, prize, awarded by the Law Faculty and Controlling Shareholders); Dr. private sector lawyers, and others. leading lawyers, academics, and of Haifa University, was granted Natalie Davidson (How Domestic The one-year degree deepens business leaders. this year for academic excellence Violence has Turned into Torture: A its participants knowledge on and meaningful contribution to Socio-Legal Study); Dr. Eliav Lieblich issues related to human rights, Prof. Menachem Mautner, a the advancement of legal discourse (Laws of Occupation in International globalization, privatization, and leading Israeli legal scholar, and knowledge in the field of Law in Light of the Characteristics legislation. The program includes retired this summer from the commercial law. of Control in Today′s International two semesters in Tel Aviv and a Faculty after decades of teaching Credit: Noam Hefez System). summer semester in Chicago. generations of legal scholars. Prof. Alon Klement, Prof. With completion of their studies, A two-day retirement conference, the Protection of Animal Rights trial, apparently held in 1759 in Assaf Jacob, and Dr. Yuval This year, Prof. Ronen students receive an LL.M. degree held in his honor, was attended Clinic, a new course was introduced the Imperial Court in Vienna, Procaccia received the Aaron Avraham, the academic from both universities. by senior judges, lawyers and this past year into the program, centered around an inheritance Polonsky Prize for an outstanding supervisor of the Human Rights Clinic, academics. Mautner joins Professors under the auspices of the Jeremy dispute among Jews from Frankfurt article in the field of tort law. founded the ″social accountability Various practical courses José Brunner, Elimelech Westreich Coller Foundation, providing an on the matter of the estate and taskforce″, which today numbers are held in the Institute and Eyal Benvenisti, who retired overview of the socio-economic last will and testament of a Dr. Doreen Lustig won nearly 80 members. Members of the for Legal Arts, headed by former recently from the Faculty after and ideological contexts of animal wealthy, childless Jewish man. the 2019 Zeltner Prize for group, senior executives from the district court judge Dr. Daphna many years of teaching. We wish welfare legislation. The participants stepped into the distinguished junior legal scholar. Israeli business arena, have organized Avnieli, sponsored by the ILDC him the best of luck! shoes of the lawyers of both parties to express their opinions on important Tzipi Roitman, a graduate of and discussed fascinating legal Dr. Lena Salaymeh won public interest issues in Israel, and the Faculty and lay leader of questions such as: whether the case a prestigious Guggenheim they recently signed a petition the German Friends of TAU, joins should be discussed in the Jewish fellowship. As a Guggenheim fellow, expressing their opposition to the the Faculty′s donor community. court or the civil court; whether Salaymeh will continue her present passing of ″personal″ legislation and it should be heard under Jewish research project, examining historical processes that are eroding the rule of This year, the Faculty hosted or Roman law; as well as the very precedents and legal justifications law in Israel. a reenactment of a historical validity of the will. The panel of in Islamic law. In addition, she will trial, led by Prof. Arye Edrei, in judges was led by Israeli Supreme conduct a collaborative research in The Faculty launched a new collaboration with the University Court Justice Neal Hendel. decolonial comparative law. master′s program headed by of Vienna Faculty of Law, Cardozo former Supreme Court justice, Prof. Law School at , Prof. Daphna Hacker won the Five out of fourteen grants given . The one-year New York, and Moscow University. Academic Excellence Prize in this year by the Israel Science program offers a core curriculum Participating students attended the Honor of Michel Halperin, granted Foundation went to researchers taught by leading lecturers from trial reenactment following two by Ben-Gurion University of the from the Faculty: Prof. Leora the Faculty. The program has three and a half weeks of preparation in Negev. The prize this year was on the Bilsky (Cultural Genocide: Between tracks: civil-commercial, criminal- Students from the Tel Aviv Tel Aviv and Vienna. The original subject of ″law and justice, policy, Criminal and Civil Law): Prof. Issi forensic, and public law. Northwestern LL.M. in Public Law, Chicago, 2018.

Credit: Janet A. Garesché

4 De jure | December 2019 December 2019 | De jure 5 Factories in Haifa Bay. The defendants include some of Israel’s most powerful corporations. Bay

Watch Credit: iStock

he Environmental Justice lymphoma (related to chemical amount of compensation to be them and they decided that a legal best avenue to address the issue The Environmental and the Protection of Animal exposure) in the Haifa Bay area, in paid to each of the 3,000 members response was necessary to address would be through a class action Justice and the TRights Clinic recently filed a comparison to the national average. of the group (present and past the frustration of so many residents lawsuit. After poring over Amit′s request to the Jerusalem District The plaintiffs argue that these diseases residents of the area who have of the area. But they didn′t know and other relevant rulings, they Protection of Animal Court to certify a class action have been caused by pollution from contracted one of the two above how to continue. concluded that if they could prove a lawsuit against thirty companies the factories. illnesses). According to the Clinic′s A few months later, in September higher than the national average of Rights Clinic has filed operating facilities in the Haifa Bay. The defendants include some of team, the compensation must 2015, the Kishon River affair was incidence of cancer in the Haifa Bay, The request was filed on behalf of Israel′s most powerful corporations: include indemnity for present and finally decided in the Supreme they could demand proportional a bold class action Citizens for the Environment, an the Israel Electric Company, Nesher future medical expenses as well as Court, with the petition being damages. lawsuit, demanding organization that has worked for Cement Factories, Israel Shipyards, damages as a result of loss of work rejected by Justice Yitzhak Amit on This past July, after more than many years to raise awareness of the Haifa Distilleries, as well as three ability and income for the ill and the grounds that no causal relation three years of collecting vast that the court shed environmental issues, one of the of Israel′s largest fuel companies. their families. could be proven between pollution volumes of medical data and most painful of which is the high According to the plaintiffs, attempts The suit began taking shape from the factories and the divers′ and analyzing the court rulings, they light on one of incidence of cancer in the Haifa at dialogue were made with these over three years ago, when a Haifa fishermen′s illnesses. Ostensibly filed the suit. Many media outlets Bay and the possible linkage with corporations prior to filing the suit, woman approached the offices of this should have hampered any picked up the story and cited Israel′s most painful the environmental pollutants from but in vain. The plaintiffs are asking the Clinic and told its attorneys and possibility of continuing to attack the troubling data that had been public health issues. factories in the area. the court to rule that the defendants students about an issue related to this issue, but the lawyers and collected by the plaintiffs, and thus The suit has revealed statistics violated the Clean Air Act through pollution in the Haifa Bay. Although students of the Clinic (operating once again brought to the fore one about the high rates of lung cancer criminal negligence, and to appoint the Clinic′s team was doubtful thanks to the generous support of the most painful public health (related to exposure to poisonous an individual or a committee whose they could give her the legal relief of the Jeremy Coller Foundation), issues in Israel today.  gases) and non-Hodgkin′s role it will be to determine the she needed, her story touched took Amit′s ruling to mean that the

6 De jure | December 2019 December 2019 | De jure 7 hortly after being named ninth president of Tel Aviv University, SProf. Ariel Porat declared that this was the position of a lifetime. Once dean at the Faculty of Law, where he led far-reaching changes, now he Mr. confronts the challenges that face Israel′s largest institution of higher education. Not surprisingly, Porat believes the University can learn a thing or two from the experience of the Faculty of Law, which has developed President international collaborations over the years and enjoys repute overseas President of Tel Aviv University is one of the most as well. ″The Faculty of Law is a pioneer on the campus in the important positions in the educational system in international realm,″ he said in our Israel. A few months ago, The Buchmann Faculty conversation with him. ″The rest of the departments in the University can of Law′s very own Prof. Ariel Porat was chosen for definitely learn from it, whether we this position. We met with him to talk about some are talking about student exchange programs, international English- of the pressing issues on his agenda. language programs, or the joint programs with American universities, not to mention English-language courses given by visiting professors from abroad.″ The School of Management has Almost abandoned his What steps do you plan to take in the Kellogg-Recanati International academic career order to help make the University Executive MBA (in cooperation with He is 62 years old, married, and into more of an international the Kellogg School of Management a father of three. After his military player? at Northwestern University), and service as an intelligence officer, he ″We are going at this from three the Faculty of Law has the Berkeley registered for law studies at Tel Aviv different directions. The first entails Executive LL.M., focusing on Israeli University, convinced he would establishing new English-language business law, as well as the Tel Aviv follow in his parents′ footsteps, programs. Today the University offers Northwestern Executive LL.M. in practicing law and maybe one day a few programs in English, most of public law. I would like to see a lot sitting – just like both of them – them at the graduate level. There are more joint programs of instruction on the judge′s bench. But when he two English-language undergraduate such as these, as well as joint research finished his undergraduate studies, programs (electrical engineering and programs. The third direction is to and after a clerkship in the Tel Aviv liberal arts), and I would like to see establish branches of the University in District Attorney′s Office, he found this expand to the social sciences other parts of the world, with a focus himself on a direct track to a PhD in and the School of Management as on fields where we have a competitive the Faculty. well, and perhaps also to computer advantage, such as entrepreneurship During his doctoral studies, he science. The second direction is joint and hi-tech. This can improve the had doubts about his future in international programs. Today the University′s reputation, attract academia. In order to resolve the students, and of course if it raises University has three joint programs matter once and for all he went to do Ariel Porat. His years in with leading universities abroad: revenues, we won′t object.″ a post-doctorate at Yale Law School. the dean’s office left their mark on the University management.

Credit: Gal Hermoni 8 De jure | December 2019 December 2019 | De jure 9 Mr. President Q&A: Mickey Zar

Only there did he decide that his executive LL.M. programs at the Porat′s academic achievements, Dr. Mickey Zar, a fellow at the Edmond J. Safra Center for Ethics, future was not in legal practice University outside of the School alongside his management and but in academia. This was thanks of Management: the Tel Aviv- leadership experience at the recently won the Bahat Prize for her forthcoming book, The Politics of to a course he took with Guido Berkeley Executive LL.M. program University, are what led the Executive Privacy: The Technological Drama in the Information Sphere, slated for Calabresi, one of the fathers of the in commercial law and the Tel Aviv Council of the University and the publication in 2020. The book is based on her dissertation as a fellow law and economics movement, Northwestern Executive LL.M. Board of Governors to decide that at the Zvi Meitar Center for Advanced Legal Studies at the Faculty, which was gaining status in those Program in public law, whose there was no one more suited and days in a few universities in the US. goal, among other things, was to capable of addressing the challenges and it addresses the loss of digital privacy. ″In Calabresi′s course I understood increase the Faculty′s revenues facing the institution today. for the first time that it is possible to from extra-budgetary resources. One of the main challenges will are aware of all of the aspects of the I do think that corporations have look at any given legal field through At the same time, Porat be to revitalize the humanities actual and potential harm to their become more aggressive or at least economic analysis, and that had a implemented a groundbreaking and social sciences faculties, digital privacy. But assuming we are more determined with regard to big impact on me,″ Porat recalls. ″I undergraduate admissions track. which have been suffering from a aware – people often adopt the faulty data collection, and this has at least assume that had I arrived at Yale The track targeted outstanding high constant decline in enrollment. rhetoric of ″I have nothing to hide″ two reasons. The first is that they are before Calabresi and others started school graduates from the periphery, ″That′s true, and we have some and believe that it won′t happen to aware of the economic value of this to develop the economic analysis of independent of their scores on the ideas. As I began thinking about them, or that there is no reason for this data and the power of owning it. The law, I would have returned to Israel, psychometric exam. By the end of this, I realized that when people to be an issue for them. Those who are second could be a response to the abandoned academics, and become the first year the initiative already are in their early 20s, they think concerned, like myself for example, are legal regulations and user counter- a lawyer. I think I might have made proved to be a success. Following of their studies as something put off by the inconvenience of using reactions. These things could make a pretty good lawyer.″ this model, a similar admissions instrumental, and they choose privacy-enhancing technologies. It′s data collection practices more But he did take that course, pathway was implemented in other fields that they imagine will give exhausting, and it ends up being a aggressive or more covert.″ and it enthralled him. When he faculties on campus. them a profession. This might be great privilege to have privacy on the In your research you emphasize returned to Israel, he took up the His years in the dean′s office the reason for which many of them internet. There is a new class division that without legal regulations and offer of then Dean of the Faculty, left their mark on the University neglect the humanities, because – between the many who don′t have public debate, the internet will turn Uriel Reichman, and joined the management. In 2013 he was they are perceived as being not privacy, and the few who do – and it′s into a dystopia in which powerful Faculty of Law. He researched and appointed to head the University′s practical. But once people are in hard to know what the repercussions corporations holding onto all of our taught contract law and tort law, strategic steering committee, the workforce, for example, in of this will be.″ private information will determine incorporating the interdisciplinary which was charged with examining their thirties and forties – doctors, There′s a sense that the public society′s norms and values. Could theories he had absorbed initially changes in the structure and lawyers, in hi-tech – they might Credit: Gilat Neumann conversation on the issue of you please expand on this? at Yale. He served as a visiting academic direction of the actually prefer to earn a degree, privacy has picked up in recent ″Those who are able to manipulate professor at the Universities of institution. In this framework he not in a ″practical″ field, but in the e all know that our online years. Is this because academics behavior according to their interests Chicago, Stanford, Columbia, studied all of the departments humanities. I think we need to take activity is monitored, and and the media are dealing with are those who succeed in ″telling New York, Virginia, and Berkeley. on the campus in great depth, this demographic seriously, and to yet we are constantly online. the issue to a greater degree, or is the story″ as they would like it to be. offer a course of study tailored to W In parallel, he headed the Cegla and at the end of the process the The average internet user has all sorts of it perhaps because corporations If for the sake of argument a data Center for Interdisciplinary committee produced a report, in it. This can increase the enrollment possibilities to protect their privacy, but have become more aggressive in corporation can manipulate its users Research of the Law, during which cooperation with Shaldor Strategy in the humanities significantly. the vast majority of us don′t do it. Why collecting data? to behave in a way that maximizes time he founded and edited the Consulting. The ″Porat Report,″ as it Moreover, we are examining do you think this is the case? ″There has been academic research its profits, or in other words, to internationally renowned journal came to be known at the time, was another possibility, a four-year ″More and more of our daily activities on privacy since the 1970s, with a determine their economic, social, and Theoretical Inquiries in Law. implemented and brought about combined degree with computer and practices have become virtually few peaks, for example around the political agenda, without the users In 2002, with the financial crisis far-reaching structural changes in science and the humanities and impossible without the internet, and there advent of the internet, and later being aware of this – then we can say that struck the University in the the University. social sciences. This would be a are many reasons for which we have such around what is known as ″big data.″ that the history of the users is being backdrop, and at the young age of In the years following he continued triple major producing a diverse a hard time protecting our privacy. First of In recent years there have been some written behind their back. Maybe this 45, he was appointed dean of the his teaching and research, won a and broad-minded body of all, we′re not always aware of the invasion high-profile affairs that have raised was always the case, but we should be Faculty of Law. In this position number of prizes, and was appointed graduates. It will bring students of our privacy. Education about privacy public interest and awareness about aware that the notion of choice, and he initiated the establishment a member of the Israel Academy of to the humanities who wouldn′t and more generally about life online is what academics have been saying the idea of legitimacy of government of the first two international Sciences and Humanities. otherwise find themselves there.″  not uniform, and relatively few people for some time. At the same time, based on this choice, is an illusion.″ 

10 De jure | December 2019 December 2019 | De jure 11 on that very day and I went into it Eyes on without studying because I thought it was a test of general knowledge. Happily, my score was good enough to be accepted to the Faculty, maybe because I wasn′t stressed.″ the Prize How does it feel to be at the Faculty? ″Sometimes friends from home We caught up with two students in ask me about how it is to study their fourth year in the Faculty, and at the Faculty of Law at Tel Aviv University, which is seen as a asked them to answer a few questions. secular, leftist institution, but I have to say that I feel entirely at home here, even though I come from a different background. True, in the first year it was difficult, not How did you make your way to socially so much as academically. the Faculty? Having small children, it was hard ″I grew up in Kiryat Ye′arim and to study in the afternoons, and graduated from high school in observing the Sabbath also made the ultra-Orthodox educational things complicated. In general, system. After getting married I took your first year in an educational my matriculation exams because system that is so different from I knew that I wanted to study law. what you previously knew just Credit: moaad ataman At first, I signed up at a college, but isn′t easy. But gradually I got used even before I started studying there, to the studies, and thanks to the Maisaa Asali, 22, I had a bad feeling about the place, support of my husband, who helps in terms of the seriousness and the out a lot at home, I made my way.″ from Kafr Qara academic level. So, I gave up on those studies and went on with my Getting ready for your clerkship? How did you make your way to academic level, but also because TA two courses: Contract Law and life, waiting for another opportunity. ″Yes, in March I am starting a the Faculty? the University seemed diverse and Introduction to Jewish Law and I had children and started working clerkship in the commercial law ″I grew up in Kafr Qara and I always liberal, and I was curious.″ Islamic Law.″ in all sorts of temporary jobs, and department at Meitar Liquornik dreamed of being a lawyer. When I then one day someone from my Geva Leshem Tal.″ was a girl I was known as the ″class How does it feel at the Faculty? Getting ready for your clerkship? husband′s synagogue shared a link lawyer,″ and everyone was certain I ″Today it feels like home, but at ″Yes, next September I will start with a flier that said that the Faculty Was there a specific course would study law. For a short period first it wasn′t easy. Socially, I felt clerking at Ficsher Behar Chen Well Esther Tayar, 33, of Law at Tel Aviv University was at the Faculty that made an I worked in my uncle′s health comfortable from my first year, Orion & Co.″ opening a special admission track impression on you? clinic and thought I would sign but the studies were difficult, from Kiryat Ye′arim for ultra-Orthodox students. I filled ″Yes, Prof. Issi Rosen-Zvi′s up for medical school, but during in part because I was learning Was there a specific course at the out the forms and sent them in, ′Procedures′ course. In the course the admissions process I realized I complicated subjects in a language Faculty that made an impression and I was invited for an interview we learned in depth about the was going against my true desires, that is not my mother tongue. on you? with Prof. Neta Ziv and Galia Givoly, principles behind civil law. and I went back to my original But with time I overcame this ″Yes. ′Adaptive Leadership,′ taught who runs the admissions project ″Procedure″ sounds pretty dry, but choice. And that′s how I decided to difficulty. In my second year things by Adv. Tziona Koenig-Yair. This is a for ultra-Orthodox students at the the theoretical depth of the course, sign up for law studies, combined became much easier, and I also course with theoretical and practical University. The interview went well, the issues we learned, and most of with studies at the School of participated in extracurricular legal aspects. On the practical side we had but they said that in order to register all the way Issi taught the course, Management.″ activities: I was the organizational to present a life situation in which for the Faculty I would have to take were fascinating. This course had an development manager at an NGO we demonstrated leadership, laying the psychometric exam, which was impact on me because it taught me Why Tel Aviv University? that offers law courses in high out all of our failures in the process. being held three weeks later. I think to think differently than what I was ″As far as I was concerned, there was schools in the periphery; I worked It was a very revealing and thought- they were surprised when I said no used to, and to look at things from no question that I would choose as a research assistant for Prof. Issi provoking situation for me, and it problem. I signed up for the exam different angles.″ Tel Aviv. Not only because of the Rosen-Zvi, and next semester I will taught me a lot about myself.″ 

12 De jure | December 2019 December 2019 | De jure 13 Credit: Aviv Avni, Michal Vumansky, Shiri Licht