Moshe Cohen-Eliya

College of Law and Business

26 Ben-Gurion St.

Ramat-Gan

Israel

College of Law and Business - Ramat Gan Law School

26 Ben-Gurion St.

Ramat Gan

Israel

  • College of Law and Business

  • College of Law and Business - Ramat Gan Law School

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    • Tel: 972-3-6000800
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SCHOLARLY PAPERS

13

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Scholarly Papers (13)

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1.

Proportionality and the Culture of Justification

59 American Journal of Comparative Law 463 (2011)
Number of pages: 30 Posted: 13 Jun 2010 Last Revised: 12 Dec 2017
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 1,408 (17,867)
Citation 9

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Constitutional Law, Proportionality, Justification, Balancing, Global Constitutionalism, Comparative Law

2.

American Balancing and German Proportionality: The Historical Origins

8(2) I-Con: International Journal of Constitutional Law 263 (2010)
Number of pages: 35 Posted: 24 Sep 2008 Last Revised: 12 Dec 2017
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 1,193 (22,927)
Citation 5

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balancing, proportionality, global constitutionalism, constitutional law, convergance, legal history

3.

Advertisements, Stereotypes, and Freedom of Expression

Journal of Social Philosophy, Vol. 35, No. 2, June 2004
Number of pages: 29 Posted: 26 Jul 2004
Moshe Cohen-Eliya and Yoav Hammer
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 1,073 (26,699)

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freedom of speech, freedom of expression, stereotype, advertisements, advertising, discrimination, culture

4.

The Hidden Foreign Law Debate in Heller: The Proportionality Approach in American Constitutional Law

46 San Diego Law Review 367 (2009)
Number of pages: 45 Posted: 18 Dec 2008 Last Revised: 12 Dec 2017
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 440 (86,344)

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balancing, proportionality, foreign law, constitutional law, comparative law, global consitutionalism, American Exceptionalism, German constitutional law, European constitutional law

5.

Lobbying and the Democratic Process

William and Mary Policy Review, Vol. 2, No. 265, 2011
Number of pages: 22 Posted: 17 Oct 2011
Moshe Cohen-Eliya and Yoav Hammer
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 348 (112,820)

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6.

Proportionality and Justification

University of Toronto Law Journal (2013), Aharon Barak, Proportionality: Constitutional Rights and their Limitations (2012, Cambridge University Press)
Number of pages: 22 Posted: 24 Jan 2013
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 335 (118,857)

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7.

The Administrative Origins of Constitutional Rights and Global Constitutionalism

in Mark Tushnet and Vicki Jackson (eds.), Proportionality: New Frontiers, New Challenges (2017, Cambridge University Press, Forthcoming)
Number of pages: 42 Posted: 08 Apr 2017
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 176 (220,752)

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administrative law, constitutional law, global constitutionalism, proportionality

8.

An Argument from Democracy Against School Choice: A Critique of Zelman V. Simmons-Harris

Posted: 01 Apr 2004
Moshe Cohen-Eliya and Yoav Hammer
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 140 (266,791)

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School choice, vouchers, militant democracy, intolerant democracy, democracy, education, political liberalism, Zelman v. Simmons-Harris

9.

Probability Thresholds as Deontological Constraints in Global Constitutionalism

forthcoming in Columbia Journal of Transnational Law
Number of pages: 33 Posted: 15 Oct 2009 Last Revised: 19 Jul 2010
Moshe Cohen-Eliya and Gila Stopler
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 112 (314,487)

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constitutional law, global constitutionalism, balalncing, proportionality, probability, civil rights

10.

The Double Effect of Rules and Standards: On Graham, Minimalism and Judicial Control

26 Canadian Journal of Law and Jurisprudence 283 (2012)
Number of pages: 41 Posted: 23 Jan 2011 Last Revised: 12 Dec 2017
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 92 (358,048)

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standards, rules, proportionality, minimalism, Sunstein, control, death penalty, Barak Roberts

11.

Proportionality in the Age of Populism

American Journal of Comparative Law
Number of pages: 32 Posted: 22 Mar 2021
Iddo Porat and Moshe Cohen-Eliya
College of Law and Business - Ramat Gan Law School and College of Law and Business
Downloads 72 (413,544)

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proportionality, populism, constitutional law, comparative constitutional law, global constitutionalism

12.

Reply to Commentators on Proportionality and Constitutional Culture

Jerusalem Review of Legal Studies (2015 Forthcoming)
Number of pages: 16 Posted: 01 Dec 2014
Moshe Cohen-Eliya and Iddo Porat
College of Law and Business and College of Law and Business - Ramat Gan Law School
Downloads 71 (416,689)

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Constitutional Law, Jurisprudence, Comparative and Global Constitutional Law, Proportionality, Rights

13.

The Knobe Effect, Indifference, and Constitutional Law

9 Law and Ethics of Human Rights 229 (2015)
Number of pages: 19 Posted: 28 Mar 2021
Iddo Porat and Moshe Cohen-Eliya
College of Law and Business - Ramat Gan Law School and College of Law and Business
Downloads 5 (776,072)

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Knobe Effect, Indifference, Constitutional Law, Discrimination, Equal Protection, Intention, Purpose, Deontology