Summer School in Israeli Law
n collaboration with Tel Aviv University Buchman Faculty of Law
and with generous support of the Republic of Poland Ministry of Science and Higher Education’s
9–19. September 2019, Room 403 Collegium Iuridicum I (3rd floor, west staircase).
The course offers a cursive introduction to a unique legal system of mixed jurisdiction, deeply rooted in the continental tradition, yet applied the Anglo-American way. It will tackle the constitutional challenges: citizenship and nationality dilemmas and the role of the religion(s) in the state legal system. International criminal law will be discussed in the context of a conflict circumstances as well as the historical antecedents. The course would also cover procedural issues, by discussing various social dilemmas that arise with regard to the way courts determine factual findings and how these dilemmas shape evidence law. Private and commercial law will be discussed, as well socio-economic rights and legal equality in a mixed society. Each module will require some moderate preparation/self-study with the provided materials (ca 50 pages reading).
Upon completion of the course students are able to
- identify and describe the main features of the Israeli legal system in its political, social, and religious context.
- comprehend and explain the role of law as a social regulator, with its ethical, communal, and business implications.
- understand the core concepts of privacy in the Digital world and reflect on their particular situation in this respect.
- reflect on justice-restorative function of law in its historical and contemporary context, and critically appraise the dilemmas therefrom arising;
- understand basic concepts of law and economics approach and exemplify them;
- appreciate variability of solutions of legal problems in a foreign legal system in comparison to the system adopted in his/her own country.
- explain and critically discuss selected legal institutes in comparative perspective;
- develop their proficiency in English for law.
Unit 1: Introduction to Israeli Law
Shani Schnitzer, TAU Buchman Faculty of Law
- Israeli Law is an intricate mosaic of various legal traditions, historical sources and jurisprudential influences. This module aims to shed light on its unique, multi-faceted hybrid nature, by way of exploring the roots, evolution and current structure of the Israeli legal system.
Unit 2: Israeli Constitutionalism
Eyliakim Rubinstein, late Justice and Vice-President of the Supreme Court
- While Israel does not have a full fledged “formal” constitution, it has Basic Laws that have been construed by the Supreme Court as authorizing Judicial Review. The course will describe the history and application of the above, as well the appointment of Justices and work of the Supreme Court, seen, in particular from the teacher’s perspective as the High Court of Justice.
Unit 3: Israeli Corporate Law
Prof. Shannon Hannes, TAU Buchman Faculty of Law
- The Israeli capital market has two prominent characteristics. First, it is a market dominated by concentrated ownership, in the sense that most publicly
- traded companies have a controlling shareholder. Second, business groups control a large share of the companies traded on the Tel-Aviv Stock Exchange, as well as other closely held business enterprises. These two features, combined, create an increased potential for self-dealing transactions and other manifestations of conflict of interest. Common measures for the extent of this agency problem, and in particular the average size of the control premium paid in the sale of control blocks, indicated in the past that Israel indeed suffers from a pervasive challenge. In response, during the past 15 years, the Israeli system went through major legal reforms, aimed explicitly at tackling this very problem and restrain controlling shareholders. Does Law matter? In our classes we shall discuss the major legal measures used by Israeli courts, legislators and regulators to tackle the agency costs of controlling shareholders. We shall then examine the current extent of the agency problem by measuring private benefits of control in Israel following the reform, and juxtapose it with the measures derived by previous studies. The preliminary results are remarkable. This might mean that at least in this context – law matters.
Unit 4: Criminal Evidence (Foundations, Historical Aspects, Sexual Crimes)
Prof. Amit Pundik, TAU Buchman Faculty of Law
- Fact-finding is an important part of any legal proceeding, civil and criminal alike. The course deals with various social dilemmas that arise with regard to the way courts determine factual findings and how these dilemmas shape evidence law. The purpose of the course is to explore the basic concepts of evidence law and discuss some of the major theories of the field. The topics discussed in the course may include: DNA evidence; the right to silence; previous sexual history of complainants in sexual offences; character evidence; statistical evidence in criminal and civil cases; and cognitive psychological findings about human testimony.
Unit 5: Israeli Family Law
Prof. Daphna Hacker, TAU Buchman Faculty of Law
- The mini-course will provide an introduction to Israeli family law, with its unique dual civil and religious legal systems. While an exceptional case-study, Israeli family law highlights the challenges and dilemmas currently faced by other jurisdictions, such as the tension between religious and traditional notions of family and the demand for gender equality; and the ability of citizens to forum shop for family laws in other countries. We will discuss, in particular, marriage and divorce laws, as well as transnational surrogacy.
Unit 6: Equality and Socio-Economic Rights in Israel
Prof. Aeyal Gross, TAU Buchman Faculty of Law
- The course will present various aspects of socio-economic rights intended as human rights in Israel: LGBT+ rights, social rights in labour relations, equal treatment will be discussed.
Monday, 9 September
Room 209, Collegium Iuridicum I (1st floor, middle staircase)
Prof. Tomasz Giaro, Dean of the Faculty of Law and Administration
Room 403 Collegium Iuridicum I (3rd floor, west staircase).
9.30 am–11 am; Shani Schnitzer, Introduction to Israeli Law I
11.15 am–12.45 pm; Shani Schnitzer, Introduction to Israeli Law II
1 pm–2.30 pm: Justice E. Rubinstein, Israeli Constitutionalism I
Tuesday, 10 September
9.00 am–10.30am: Justice E. Rubinstein, Israeli Constitutionalism II
10.45 am–12.15 pm: Prof. Shannon Hannes, Israeli Corporate Law I
12.30 pm–2 pm: Prof. Shannon Hannes, Israeli Corporate Law II
Wednesday, 11 September
9.00 am–10.30am: Justice E. Rubinstein, Israeli Constitutionalism II
10.45 am–12.15 pm: Prof. Shannon Hannes, Israeli Corporate Law III
Thursday, 12 September
10.00 am–15 pm Amit Pundik, The Theory and Practice of Legal Fact-finding in Israel I, II, III
Sunday, 15 September
9.00 am–10.30 am: Prof. Daphna Hacker Israeli Family Law I
10.45 am–12.15 pm: Prof. Daphna Hacker Israeli Family Law II
12.30 pm–2 pm: Prof. Aeyal Gross, Equality and Socio-Economic Rights in Israel I
Monday, 16 September
9.00 am–10.30 am: Prof. Daphna Hacker Israeli Family Law III
10.45 am–12.15 pm: Prof. Aeyal Gross, Equality and Socio-Economic Rights in Israel II
12.30 pm–2 pm: Prof. Aeyal Gross, Equality and Socio-Economic Rights in Israel III
Wednesday, 18 September
9 am–12.00 pm Exam.
- Evaluation: class preparation/work (on the basis of pre-submitted materials/problems)+ written exam