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Hebrew University of Jerusalem Legal Studies Research Paper Series

Hebrew University of Jerusalem Faculty of Law
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Viewing: 1 - 50 of 1,208 papers

1.

From Apology to Functionalism: A Retrospective Look at the Military Campaign against the Self-Declared Islamic State

Hebrew University of Jerusalem International Law Forum Working Series [07-20], Hebrew University of Jerusalem Legal Research
Number of pages: 49 Posted: 18 May 2020
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 24
2.

International Human Rights Aspects of Repatriating Israeli Settlers from the West Bank

Hebrew University of Jerusalem Legal Research Paper 20-13, Hebrew University of Jerusalem International Law Forum Working Series [06-20]
Number of pages: 26 Posted: 04 May 2020 Last Revised: 22 May 2020
Working Paper Series
Academic Center for Science and Law, Hod Hasharon
Downloads 9
3.

Limited Statehood and the Rule ofLlaw: East Jerusalem’s Education System as a Case Study

Hebrew University of Jerusalem Legal Research Paper 20-12
Number of pages: 22 Posted: 04 May 2020 Last Revised: 22 May 2020
Working Paper Series
Academic Center for Science and Law, Hod Hasharon
Downloads 9
4.

Cognitive Sociology, Social Cognition and Coping with Racial Discrimination in International Law

European Journal of International Law (Vol. 30,2019), Hebrew University of Jerusalem Legal Research Paper No. 04-20
Posted: 27 Apr 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
5.

Some Evidentiary Dimensions of Attributing Unlawful Cyber Operations to States

Hebrew University of Jerusalem Legal Research Paper 20-11, Hebrew University of Jerusalem International Law Forum Working Series [03-20]
Number of pages: 32 Posted: 23 Apr 2020 Last Revised: 22 May 2020
Working Paper Series
Academic Center for Science and Law, Hod Hasharon
Downloads 14
6.

Reasonable Self-Doubt

Criminal Law and Philosophy, Hebrew University of Jerusalem Legal Research Paper 20-10
Number of pages: 27 Posted: 12 Mar 2020 Last Revised: 18 May 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
Downloads 39
7.

Simplifying the Complexities of Negligence Law - A Joint Academic/Judicial Proposal

Journal of European Tort Law 207 (2019), Hebrew University of Jerusalem Legal Research Paper No. 20-07
Number of pages: 55 Posted: 10 Feb 2020 Last Revised: 12 Feb 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 42
8.

Nudge Goes International

Columbia Law and Economics Working Paper No. 618, Hebrew University of Jerusalem Legal Research Paper No. 20-09, European Journal of International Law, forthcoming
Number of pages: 17 Posted: 05 Feb 2020 Last Revised: 17 Feb 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
Downloads 78
9.

Do People Like Mandatory Rules? The Impact of Framing and Phrasing

Law and Social Inquiry, Forthcoming, Hebrew University of Jerusalem Legal Research Paper No. 20-08
Number of pages: 39 Posted: 02 Feb 2020 Last Revised: 15 May 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem, School of Law, Students
Downloads 44
10.

Human Rights and Criminal Law: From Beccaria's On Crimes and Punishments to Modern Criminal Law

Re-Reading Beccaria (Antje du bois-Pedain and Shachar Eldar eds., Oxford: Hart Publishing), 2020, Forthcoming, Hebrew University of Jerusalem Legal Research Paper 20-03
Number of pages: 18 Posted: 29 Jan 2020 Last Revised: 29 Jan 2020
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 38
11.

Lawyers On Auction – Protecting Individual Class Members

Hebrew University of Jerusalem Legal Research Paper 20-05
Number of pages: 58 Posted: 28 Jan 2020 Last Revised: 29 Jan 2020
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 10
12.

Tension and Legality: Towards a Theory of the Executive Branch

Hebrew University of Jerusalem Legal Research Paper Forthcoming, 29 Canadian Journal of Law and Jurisprudence 321 (2016)
Number of pages: 28 Posted: 10 Jan 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 14
13.

Robotic Collective Memory

Washington University Law Review, Forthcoming, Hebrew University of Jerusalem Legal Research Paper No. 19-19
Number of pages: 32 Posted: 20 Dec 2019 Last Revised: 20 Dec 2019
Working Paper Series
Hebrew University of Jerusalem, Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
Downloads 105
14.

Law and Regulation: The Role, Form and Choice of Legal Rules

Handbook on the Politics of Regulation (David Levi-Faur ed., Edward Elgar Publishing, 2011) 185, Hebrew University of Jerusalem Legal Research Paper Forthcoming
Number of pages: 22 Posted: 09 Dec 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 9
15.

Hierarchies, Constitutional Dialogues, and Political Networks: A Comparative and Conceptual Study

Richard Rawlings, Peter Leyland & Alison Young (eds.), Sovereignty and the Law: Domestic, European and International Perspectives (Oxford University Press, 2013), 236, Hebrew University of Jerusalem Legal Research Paper Forthcoming
Number of pages: 15 Posted: 09 Dec 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 16
16.

Comparative Public Law Research in Israel: A Gaze Westwards

14 Asian Journal of Comparative Law S11 (2019), Hebrew University of Jerusalem Legal Research Paper 20-06
Number of pages: 16 Posted: 09 Dec 2019 Last Revised: 12 Feb 2020
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 16
17.

Non-Statutory Powers in Three Regimes: Assessing Global Constitutionalism in a Structural-Institutional Context

64 International and Comparative Law Quarterly 65-102 (2015), Hebrew University of Jerusalem Legal Research Paper Forthcoming
Number of pages: 35 Posted: 09 Dec 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 10
18.

Judicial Deference to the Administration in Israel

Zhu Guobin (ed.), Deference to the Administration in Judicial Review (Springer, 2020, Forthcoming), Hebrew University of Jerusalem Legal Research Paper 20-02
Number of pages: 37 Posted: 06 Dec 2019 Last Revised: 29 Jan 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 16
19.

Belt, Road and (Legal) Suspenders: Entangled Legalities on the 'New Silk Road'

Forthcoming, Nico Krisch (ed.), Entangled Legalities, Hebrew University of Jerusalem Legal Research Paper 20-01
Number of pages: 18 Posted: 25 Nov 2019 Last Revised: 29 Jan 2020
Working Paper Series
Hebrew University of Jerusalem - International Law Forum
Downloads 135
20.

זכויות אדם והמשפט הפלילי המהותי
Human rights and substantive criminal law

Hebrew University of Jerusalem Legal Research Paper Forthcoming Mishpatim Law Journal
Number of pages: 34 Posted: 30 Oct 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 25
21.

Social In/Equality and International Trade Reformisms of Fear

U. Ill. L. Rev. Online 77 (2019), Hebrew University of Jerusalem Legal Research Paper 19-26
Number of pages: 16 Posted: 23 Oct 2019 Last Revised: 25 Nov 2019
Accepted Paper Series
Hebrew University of Jerusalem - International Law Forum
Downloads 23
22.

Substituting Invalid Contract Terms: Theory and Preliminary Empirical Findings

Hebrew University of Jerusalem Legal Research Paper 19-22
Number of pages: 44 Posted: 26 Sep 2019 Last Revised: 20 Apr 2020
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem, School of Law, Students
Downloads 64
23.

Innocents Abroad: Law In and Out of Context

Hebrew University of Jerusalem Legal Research Paper No. 19-23
Number of pages: 79 Posted: 23 Sep 2019 Last Revised: 25 Sep 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 14
24.

Collective Action and Social Contagion: Community Gardens as a Case Study

Regulation and Governance, 2019, DOI: 10.1111/rego.12256 (Final Version). , Hebrew University of Jerusalem Legal Research Paper 19-25
Number of pages: 35 Posted: 30 Aug 2019 Last Revised: 05 Oct 2019
Accepted Paper Series
Hebrew University of Jerusalem, Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
Downloads 30
25.

Social Solidarity and Sentencing Disparities Between Ethnic Groups: The Case of Hit-and-Run Traffic Offenses

Journal of Empirical Legal Studies, Forthcoming, Hebrew University of Jerusalem Legal Research Paper 19-18
Posted: 29 Aug 2019 Last Revised: 01 Sep 2019
Accepted Paper Series
University of Haifa and Hebrew University of Jerusalem - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Downloads 4
26.

Refounding Law and Economics: Behavioral Support for the Predictions of Standard Economic Analysis

Review of Law and Economics, Forthcoming, Hebrew University of Jerusalem Legal Research Paper
Number of pages: 36 Posted: 27 Aug 2019 Last Revised: 24 Sep 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 62
27.

Public Wrongs that Violate Human Rights—Following Duff, The Realm of Criminal Law,

Jerusalem Review of Legal Studies, Volume 18, Issue 1, December 2018; DOI: 10.1093/jrls/jly011, Hebrew University of Jerusalem
Number of pages: 17 Posted: 23 Aug 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 1
28.

You Name it: On the Cross-Border Regulation of Names

Forthcoming: American Journal of Comparative Law, Hebrew University of Jerusalem Legal Research Paper 19-16
Number of pages: 45 Posted: 05 Aug 2019 Last Revised: 29 Aug 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 55
29.

Family, Contracts, Autonomy and Choice: A Comment on Dagan and Heller’s Choice Theory of Contracts

20 Jerusalem Review of Legal Studies 90-103, 2019, Hebrew University of Jerusalem Legal Research Paper 19-21
Number of pages: 16 Posted: 05 Aug 2019 Last Revised: 30 Jan 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 23
30.

Public and Private Family Accords and the Globalized Modern World: A Comment on Daphna Hacker’s Legalized Families in the Era of Bordered Globalization

20 Jerusalem Review of Legal Studies, 34-47, 2019, Hebrew University of Jerusalem Legal Research Paper 19-20
Number of pages: 16 Posted: 05 Aug 2019 Last Revised: 30 Jan 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 13
31.

The Capability Approach and Labour Law: Identifying the Areas of Fit

THE CAPABILITY APPROACH TO LABOUR LAW (Brian Langille ed., OUP 2019) Ch. 2, Hebrew University of Jerusalem Legal Research Paper 19-17
Number of pages: 19 Posted: 22 Jul 2019 Last Revised: 29 Aug 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 21
32.

Distributive Justice and Labour Law

Philosophical Foundations of Labour Law (Hugh Collins, Gillian Lester & Virginia Mantouvalou eds., OUP 2018) Ch. 8, Hebrew University of Jerusalem Legal Research Paper, Forthcoming
Number of pages: 21 Posted: 22 Jul 2019 Last Revised: 24 Aug 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 15
33.

A Theory of Mandatory Rules: Typology, Policy, and Design

Texas Law Review, Forthcoming, Hebrew University of Jerusalem Legal Research Paper No. 19-12
Number of pages: 49 Posted: 17 Jul 2019 Last Revised: 17 Feb 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
Downloads 251
34.

‘Lessons in Humanity’: Re-Evaluating International Criminal Law’s Narrative of Progress in the Post 9/11 Era

Journal of International Criminal Justice, Volume 17, Issue 2, May 2019, Pages 229–257, Doi.org/10.1093/jicj/mqz015, Hebrew University of Jerusalem Legal Research Paper 20-04,
Number of pages: 58 Posted: 02 Jul 2019 Last Revised: 29 Jan 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 12
35.

‘Everyone's Child’: The Challenge of Judging Israeli Soldiers in the Shadow of the Conflict

Law, Culture and the Humanities (2019): https://doi.org/10.1177/1743872119852078, Hebrew University of Jerusalem Legal Research Paper Forthcoming 19-29
Number of pages: 47 Posted: 02 Jul 2019 Last Revised: 11 Nov 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 32
36.

Deliberate Ignorance and the Law

Ralph Hertwig and Christoph Engel (eds.), Deliberate Ignorance: Choosing Not to Know (Forthcoming, Strüngmann Forum Reports, vol. 29, J. R. Lupp, series editor, MIT Press). , Hebrew University of Jerusalem Legal Research Paper 19-13,
Number of pages: 24 Posted: 25 Jun 2019 Last Revised: 28 Aug 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
Downloads 139
37.

על פורמליזם ואקטיביזם, שפיטה ואקדמיה
On Formalism and Activism, Judicial Reasoning and Academic Scholarship

ספר מנחם מאוטנר
Menachem Mautner Book, Hebrew University of Jerusalem Legal Research Paper Forthcoming,
Number of pages: 13 Posted: 17 Jun 2019 Last Revised: 10 Sep 2019
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 34
38.

Two Concepts of Deference

71(4) Administrative Law Review (2020), Forthcoming, Hebrew University of Jerusalem Legal Research Paper No. 19-27
Number of pages: 43 Posted: 13 Jun 2019 Last Revised: 04 Nov 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 52
40.

Just Because It’s a Phobia Doesn’t Mean You Shouldn’t Be Afraid

Hebrew University of Jerusalem Legal Research Paper 19-15
Number of pages: 20 Posted: 24 May 2019 Last Revised: 28 Aug 2019
Working Paper Series
Hebrew University - The Philosophy Department and the Law School
Downloads 77
41.

Mass Atrocity, Mass Testimony, and the Quantitative Turn in International Law

Law & Society Review Volume 53, Issue 2 Pages: 317-634 June 2019, Hebrew University of Jerusalem Legal Research Paper No. 19-28
Number of pages: 55 Posted: 17 May 2019 Last Revised: 04 Nov 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 23
42.

Constitutivism: On Rabbits, Hats, and Holy Grails

Hebrew University of Jerusalem Legal Research Paper 19-14
Number of pages: 23 Posted: 09 May 2019 Last Revised: 28 Aug 2019
Working Paper Series
Hebrew University - The Philosophy Department and the Law School
Downloads 64
43.

Between the Agency and the Court: Ex Ante Review of Regulations

Hebrew University of Jerusalem Legal Research Paper No. 19-30
Number of pages: 60 Posted: 19 Apr 2019 Last Revised: 11 Nov 2019
Working Paper Series
SANTA CLARA LAW SCHOOL, Pontifical Catholic University of Chile - Law Faculty, Université Pantheon-Assas Paris II, Hebrew University of Jerusalem - Faculty of Law and Aix Marseille Université
Downloads 60
44.

Playing the Hand You're Dealt: How Moral Luck Is Different from Morally Significant Plain Luck (And Probably Doesn’t Exist)

Hebrew University of Jerusalem Legal Research Paper 19-24
Number of pages: 21 Posted: 19 Apr 2019 Last Revised: 25 Sep 2019
Working Paper Series
Hebrew University - The Philosophy Department and the Law School
Downloads 87
45.

Once Bitten, Twice Shy? Investment Disputes, State Sovereignty and Change in Treaty Design

Forthcoming in International Organization, 2019, Hebrew University of Jerusalem International Law Forum Working Series [04-19], Hebrew University of Jerusalem Legal Research Paper No. 19-10
Number of pages: 62 Posted: 10 Apr 2019 Last Revised: 25 Aug 2019
Working Paper Series
Ohio State University, Hebrew University of Jerusalem - International Law Forum and Hebrew University of Jerusalem
Downloads 124
46.

הסכמי הגנת השקעות בינלאומיות והשפעתם על המרחב הרגולטורי בישראל
International Investment Agreements and their Impact on State Regulatory Space: The Case of Israel

David Chriki, Tomer Broude and Yoram Z. Haftel, International Investment Agreements and their Impact on State Regulatory Space: The Case of Israel (Forthcoming in "Haifa Law Review – משפט וממשל", 2019) , Hebrew University of Jerusalem International Law Forum Working Series (03-19), Hebrew University of Jerusalem Legal Research Paper,
Number of pages: 27 Posted: 13 Mar 2019
Working Paper Series
Independent, Hebrew University of Jerusalem - International Law Forum and Hebrew University of Jerusalem
Downloads 73
47.

Establishing an NHRI in a Contested Political Space: A Deliberative Process in Israel

Hebrew University of Jerusalem Legal Research Paper No. 19-09
Number of pages: 33 Posted: 13 Mar 2019 Last Revised: 02 Apr 2019
Working Paper Series
Hebrew University of Jerusalem - International Law Forum and Hebrew University of Jerusalem - Political Science Department
Downloads 48
48.

Tort Liability and the Risk of Discriminatory Government

87 University of Chicago Law Review 1 (2020), University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 870, U of Chicago, Public Law Working Paper No. 698, Hebrew University of Jerusalem Legal Research Paper 19-08
Number of pages: 61 Posted: 12 Mar 2019 Last Revised: 23 Feb 2020
Accepted Paper Series
Hebrew University of Jerusalem - Faculty of Law and Tel Aviv University
Downloads 103
49.

Nobody’s Perfect: Moral Responsibility in Negligence

Canadian Journal of Law & Jurisprudence, Vol XXXII, No. 1 (2019), Hebrew University of Jerusalem Legal Research Paper No. 19-07, King's College London Law School Graduate Student Research Paper No. Forthcoming
Number of pages: 23 Posted: 13 Feb 2019 Last Revised: 06 Sep 2019
Accepted Paper Series
The Hebrew University of Jerusalem, Faculty of Law
Downloads 67
50.

The Perils of Institutional Investors’ Diversification: Defying the Myth

Hebrew University of Jerusalem Legal Research Paper No. 19-06
Number of pages: 52 Posted: 27 Jan 2019 Last Revised: 02 Apr 2019
Working Paper Series
Hebrew University of Jerusalem - Faculty of Law
Downloads 53