Student Exchange Program Buchmann Faculty of Law at TAU

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Course Description

2013-2014 Course Description

Fall Semester
1493900501
Seminar: Law and Information Technology- Prof. Michael Birnhack (3 credits) 
What is the relationship between law and technology? Does the law lag behind technology? Can the law regulate technology? This seminar will query the complex relationship between law and Information Technology (IT). It is a conceptual seminar, with the intention of providing students with tools to address additional IT Law topics in their individual works. We will encounter several answers to the over-arching question and few explanatory models. We shall ask not only can the law regulate technology, but also how. We will examine various regulatory modalities and legislative techniques. Accordingly, each of the topics we will discuss serves as a case study for one or more strands of the above, broader theoretical themes.
During the first meetings, we will sample few topics related to IT Law, such as online speech (shielding children from harmful material; the use of technological filters, the rise of new intermediaries, e.g., search engines), ISP liability, online anonymity, and digital privacy.
The purpose of the seminar is to equip students with informed general perspectives about the law/information technology relationship, delve into several topics in the seminar's meetings, and then enable the students to closely study one topic, in their seminar papers. As such, the seminar is also meant to improve academic legal skills.

1411700501
Workshop: Information Technology Law-
Prof. Michael Birnhack & Dr. Assaf Yaakov (2 credits)
 Digital networks have an almost infinite number of speech opportunities, communications, commerce and more, but also posed substantial challenges of copyright infringement, privacy violations, harm to one's reputation, terrorist activity, scams and more. What is the relationship between law and information technologies? This is the topic of the workshop. The workshop invites experts from Israel and abroad to present their current work, from law and other relevant disciplines. We will discuss these issues by way of critically reading several yet-unpublished works in progress on cutting edge topics, and then discussing the papers with the authors. This is an advanced seminar and assumes prior familiarity with the general themes of law and technology.

1411687650
American Constitutional History – Prof. Steven Wilf (2 credits)
This course traces the formation and making of the Constitutional legal ordering of the United States from its beginnings in the end of the eighteenth century to our own day.  A brief introduction places the United States Constitution in comparative perspective, and examines the process of drafting and ratification.  Most of the course, however, focuses upon what might be called an archeology of the Constitution—tunneling deep down in specific clauses and probing how they have been interpreted in different ways over time.  What are the enduring legal arguments that animate constitutional decision making?  How does the specific context of the period lead to different articulations of constitutional meaning?  And how might these normative debates provide insights into how constitutional thinking—not just in the United States, but around the globe—differs from ordinary law?  Constitutions are usually thought of as creating a settlement that will set boundaries to contentious debates about the direction of a society.  However, as we will discuss, constitutions also become the sites of contention.
Grade: Final Exam (with books) 100%

1411706750
IP in the Digital Age – Prof. Peter Menell (2 credits)
Advances in information technology – most notably, computers and digital networks – have both raised the prominence of and posed great challenges for intellectual property protection.  This course examines the role and design of intellectual property in the digital age.  The course begins with an analysis of the competing policies underlying the intellectual property laws. It covers the basics of patent, copyright, and trademark law, emphasizing salient controversies relating to patent protection for software and business methods, copyright enforcement challenges posed by the Internet age, and the role and difficulties of protecting trademarks on the Internet.
Prerequisites: Strongly Recommended - Patent Law, Copyright Law, or Introduction to Intellectual Property
Grade: Participation in Class, Final Exam (with books)

1493100701
Introduction to Intellectual Property-Advocate Eran Bareket & Advocate Tony Greenman (2 credits)
The course will introduce the student to the theoretical basis and the legal foundations of intellectual property protection.  We will examine the fundamentals of the laws of the traditional forms of intellectual property: copyright and related rights, patents, designs, trademarks and trade secrets, as well as more modern concepts, such as the right of publicity and IP in traditional knowledge.  In particular, we will explore the subject matter, scope and term of protection, as well as questions of ownership and infringement. Emphasis will be placed on the balancing of IP rights with the public interest, such as the right of free speech and the free flow of information, and on the influence of advances in technology on that balance. Additionally, we will discuss the international regimes of protection and different approaches to the subject matter in various jurisdictions.
Grade:  Final Exam 100% (with books) 
Room: 304

1493100601
The International Law of Work - Professor Guy Mundlak (2 credits)
Young women labour stitching jeans in a Chinese factory; fisherman in Southern United States are losing their jobs to Vietnam; care live-ins work around the clock; construction workers in Germany remain unemployed at the time Polish workers are being posted in Germany; consumers boycott Nike, but hesitate before paying premium prices for fair trade coffee; trade unions around the world support their fellow dock-workers in the Liverpool port. What do we make of these examples?

As labour and capital markets transcend domestic borders, the objectives of labour law can no longer be confined solely to actions within the nation state. The purpose of this course is twofold. First, to identify the diverse components of international employment and labour law, the institutions, the claims and the methods for advancing social protection to workers world-wide. This inquiry spans beyond traditional instruments that are associated with labour law, and includes trade law, private international law, international human rights and corporate social responsibility. It further seeks to embed the study of legal instruments in the broader economic and sociological debates on globalisation. The second goal is to critically assess how international developments affect domestic labour law and our perception of the ethical and economic values that underscore this body of law.
Grade:  Take Home Exam (48 hours) 100%
Room: 304 

1411606801
Transitional Justice and Conflict Transformation: Comparative Perspectives – Ms. Hayley Galgut (2 credits)
This course examines measures available to emerging democracies and societies currently engaged in on-going conflict to transform the socio-political and legal contexts that pertain through confronting complex legacies of human rights violations in the hope of securing sustainable conflict cessation, peaceful co-existence, healing the deep wounds of divided peoples and building nations founded firmly on the values of human dignity, equality and freedom for all.

Transitional justice strategies will be studied holistically and located within their broader context as one of a spectrum of complementary inter-disciplinary and multi-sectoral initiatives employed to advance socio-political transformation in the continuance or aftermath of long-term conflict.

With reference to the now substantial body of academic and comparative, practice-based literature as well as documentary evidence, key themes will be explored and approaches critically appraised.
Grade: Participation in Class 20%, Take-home exam (48 hours) 80%.

1411706901
Democracy and Counter-Terrorism in the 21st Century: Legal Challenges and Developments Dr. Galit Raguan (2 credits)
The 21st century has brought the struggle against terrorism to the forefront of legal and public discourse. For more than a decade, Western democracies have been facing growing challenges in the area of national security. Acts of terrorism, such as the horrific attacks of 9/11 or the intense hostilities between Israel and Hamas or Hezbollah, have grown in scope and intensity and are often transnational. These and other characteristics of modern acts of terrorism have raised questions with respect to the legal framework that applies to counter-terrorism policies, i.e., whether these are governed primarily by the domestic law enforcement paradigm or amount to an armed conflict regulated by international law. Moreover, questions regarding the appropriate balance to be struck between national security and civil liberties are abundant.

This course will seek to critically examine contemporary national security policies, looking primarily at the Israeli and American experiences. The course will begin with an attempt to define terrorism, looking to both domestic and international law sources and will present different approaches to the legal framework applicable to acts of terrorism. Various administrative, criminal and operational tools applied by Israel and by other countries to combat terrorism will be presented and discussed, as well as the legal challenges that such means present and the manner in which different countries have chosen to address these challenges. Examples include administrative detention, military commissions and targeted killings. A central question addressed throughout the course will be the role of the courts in reviewing counter-terrorism policies and military action. In particular, the course will focus on the jurisprudence of Israel's High Court of Justice and juxtapose it with that of U.S. federal courts with respect to matters of national security. The course aims to highlight the complexity of both doctrinal and practical challenges encountered when attempting to tailor effective national security policies while ensuring personal liberties are respected.
Grade: Final Exam 100% (with books)

1411707101
International Legal Perspectives on the Israeli Palestinian Conflict – Dr Daphna Shraga (2 credits)
The course will examine the Israeli-Palestinian conflict in both its external and internal dimensions: the conflict between Israel and its Arab neighbors, between Israel and Palestinians of the occupied territories, and, within Israel, the status of the Arab-Israelis.  In focusing on selected legal issues at the core of the conflict, this course will examine the origin and chronology of the conflict, the claims for a title to the land and their relevancy to present-day discourse; the peace agreements with Egypt and Jordan; the legal status of the West Bank and the Gaza Strip in a perspective of time, and the questions of the applicability of the laws of occupation and human rights law, the Israeli settlements and Jerusalem; the Camp David Accords, the Oslo Accords and other peace initiatives not pursued; the status of Palestine in the UN and in the region; the problem of the Palestinian refugees, its origin and scope; The Arab-Israelis and their claim to civil, economic and political equality; the road to reconciliation: transitional justice, or are Israelis and Palestinians ready for a Truth Commission.
Grade: Final Exam 100% (with books)

1411707201
Islam, Law and State in the Middle East and Asia - Dr. Michael M. Tanchum (2 credits)
This course explores Islamic conceptions of law, religion, and state in Muslim societies in the Middle East and Asia. The course focuses on the following legal issues 1) The constitutional status of Islamic law and sharī‘ah courts; 2) The state’s legal power to define what constitutes Islam and who qualifies as a Muslim; 3) Women’s rights and the law of personal status;  4) Freedom of speech, freedom of religion and blasphemy laws. The materials will grant students a broad comparative perspective on the different Islamic approaches to these legal issues by providing a look at both Muslim-majority and Muslim-minority states from Egypt to Indonesia. Reading materials will provide a variety of perspectives, from liberal Islamic rights discourses to more conservative and statist approaches.
Grade: Midterm exam 20%, papers 20%, Final Exam 60% (without books)

1493100801
International Environmental Law - Professor Issi Rosen-Zvi (2 credits)
Over the last 35 years, international environmental law has undergone a dramatic expansion. In 1972, when the first worldwide environmental conference took place in Stockholm, there were only very few international environmental treaties, primarily concerning wildlife conservation and the protection of the marine environment from oil pollution. Since the 1970s the world has witnessed a proliferation of international legal regimes and related efforts to manage sustainability issues that reach beyond national borders. Literally, hundreds of multilateral agreements have been negotiated, covering such diverse topics as acid rain, depletion of the ozone layer, protection of biological diversity, desertification, control of toxic chemicals, transboundary shipment of hazardous wastes and chemicals, and climate change.

The overarching question we will examine throughout the course is: What role can law play in addressing international environmental problems? This course will provide a general introduction to the basic concepts and mechanisms of international environmental law. As we will not be able to cover the entire field, the course will focus on a few case studies that illustrate the basic types of international environmental regimes, problems and issues. Among the issues the course will examine are: Why do states cooperate in developing international environmental norms? What factors promote or hinder cooperation? What incentives and disincentives do states have to comply with international environmental standards? What are the comparative strengths and weaknesses of national, regional and multilateral institutions in the design and implementation of environmental regimes? What types of international environmental standards are most effective? How do we evaluate effectiveness?

The purpose of the course is to provide students with knowledge about existing international environmental regimes and equip them with theoretical tools to analyze and evaluate them.
Grade:  TBA 
Room: 304

1411705750
Advanced Contracts – Prof. Lisa Bernstein (2 credits)
The goal of this course is to introduce students to American Sales Law from a hybrid jurisprudential, transactional, and litigation perspective. The readings are a mixture of statutory sections, excerpts from law reviews, and cases. For most classes students will complete a short exercise (about 2 pages) applying the material in the reading, occasionally students will do a 15 minute in class meeting with their peers to discuss a problem and/or reach consensus on a legal issue.  The exercises vary from lecturing to the loading dock staff to writing letters to clients to writing short dissents to finding out the content of trade usages in particular industries to drafting contract provisions. The final project is to draft a sales agreement while including footnotes to the contract that explains why each provision is needed, how it creates value, and how a court might view it in the event of a dispute.
Grade: class participation 20%, written work (both the exercises and the final contract) 80%.

1411711550
Comparative Constitutional Design – Prof. Tom Ginsburg (1 credits)
In this course we will examine the design and implementation of national constitutions. In particular, we will address the following questions. What are the basic elements of constitutions? How do these elements differ across time, across region, and across regime type? What is the process by which states draft and implement constitutions? What models, theories, and writings have influenced the framers of constitutions? In this seminar, we will review the historical roots of constitutions and investigate their provisions and formal characteristics. We will also discuss the circumstances surrounding the drafting of several exemplary or noteworthy constitutions, from various regions of the world. We will then examine particular features of institutional design in depth, and analyze the factors that make constitutions effective and enduring.
Grade: Final Exam (without books) 100%

1411705950
Islamic Law and the State: Historical Development and Contemporary Contexts – Prof. Arif Jamal (2 credits)
This course will, first, trace the historical and contextual development of Muslim legal traditions. To this end, course participants should develop a general understanding of the development of classical Islamic law including the geographical schools, the eponymous schools, the dynamic  between Shari’a and fiqh, and between fiqh and usul al-fiqh (including an understanding of the sources of law), and the basic differences between Sunni and Shi’i legal theory.  From this basis, the course will move on to consider issues and debates that arise in attempts at applying Islamic law in contemporary nation states both conceptually and through the examination of selected case studies.

Grade: Class participation 15%, in class presentation 25%, final exam (with books) 60%

1411695250
Corporate Innovation and Intellectual Property Strategy – Prof. Orly Lobel (2 credits)
What are the optimal policy ingredients and business strategies for managing innovation? How can business leaders, inventors, lawyers, and policymakers benefit from the connections between corporate success, intellectual property, and human capital? We will examine corporate policies and disputes over the control of ideas, secrets, skill, and intellectual property. In particular, we will analyze non-compete contracts, trade secrets and non-disclosures, information privacy, economic espionage, employee duties of loyalty, including prohibitions on customer and co-worker solicitation and raiding for competitive endeavors; and employer ownership over inventions and artistic work, including pre-invention patent assignment agreements and work-for-hire disputes.

In the past few years, the black box of innovation has been pierced with a plethora of new interdisciplinary research and practice. At the same time, industry and policymakers around the world are debating the reforms in intellectual property laws, employment laws, antitrust and innovation policies. In the course, we will bring together these various developments to identify how companies can sustain their innovative capacities, commercialize science, and manage creativity, and to assess how differences in regulatory and contractual arrangements in the employment relationship can impact key aspects of innovation, such as the rate of patent filings, the level of network participation in intellectual and creative endeavors, individual motivation to innovate, organizational behavior, and talent mobility.
Grade: Take Home Exam 100% (24 hours).

1411706850
Contract Remedies and the Contract Relation - Prof. Daniel Markovits (1 credits)
The course will begin by outlining the Anglo-American approach to the expectation remedy and efficient breach.  It will then take up some alternative regimes of restitution or specific performance, including in part through Israeli cases.  The course will consider the efficiency and distributive effects of each approach.  The main theme of this part of the course will be that in a transactions costless world, both the expectation remedy and a properly constructed specific performance remedy have identical efficiency properties and also identical distributive properties.  In a transactions costly world, there are good reasons to prefer the expectation remedy.

The second part of the course will use the distinction between the expectation remedy and restitution to illustrate two different styles of surplus sharing--which I call sharing ex ante and sharing ex post.  It will argue that contracts are essentially constituted by ex ante surplus sharing.  This will allow the course, in its conclusion, to situate contract remedies within a broader context, that takes into account both fiduciary law and the Coasean theory of the firm.
Grade: Take Home Exam (24 hours)

1411605850
Comparative Constitutional Law and the Middle East – Dr. Nimer Sultany (2 credits)
Why do jurists and judges cite foreign law? Which constitutional regimes should one cite? Is there a way out of the dilemma between identity and difference, universal rationalism and cultural relativism? What is a constitution and to what extent is it important to understanding a political order? How can foreign constitutional arrangements influence our thinking regarding local arrangements? What lessons can one learn from others’ experiences?

This course will discuss the comparative methodology, the different conceptions of law and constitution and their effect on different political regimes, as well as specific questions of constitutional design and rights such as religion, equality, and transitional justice. Half of the course will focus on law in Middle East dealing with questions like: Israel in comparative perspective; effect of colonial law in Egypt; Pakistan and the rule of law; Iraq and religious minorities; and Islamic constitutionalism.

The goal is not only to provide students with comparative knowledge but also with the critical tools to examine texts, petitions and rulings that utilize comparative law. Specifically, the course will use insights from the law and society movement, legal realism, and critical legal studies.
Grade: Final Exam 100% (with books) 

Spring Semester

1411710901
Workshop: Private Law Theory- Prof. Hanoch Dagan & Dr. Avihay Dorfman (2 credits)
The Private Law Theory Workshop is a forum for ongoing scholarly research in private law and a Law Faculty course. The Workshop presents new scholarship on topics in and around contract, torts, property, and unjust enrichment. Students who take the workshop for credit submit written comments on the papers presented. Sessions include a brief presentation followed by an open discussion (q. & a.) with the participation of students and faculty. The discussions will proceed under the assumption that the presented paper has been read carefully by all the participants.
1411708650
National Prosecutions for International Crimes - the Latin American Experience- Prof. Naomi Roht-Arriaza (2 credits)
This course considers some of the legal, political and practical issues that arise when national courts address international crimes including genocide, crimes against humanity, war crimes, enforced disappearances and torture.  To do so it looks at the experiences of courts in Latin America.  Over the last 25 years, courts in several Latin American countries have moved from upholding blanket amnesty laws and refusing to investigate the crimes of former military regimes, to overturning or reinterpreting such laws and beginning prosecutions that now involve thousands of people in countries like Argentina, Chile, and Peru.  The course traces that evolution.  It also looks at the legal doctrines that have developed to deal with other issues that arise in these cases, including the non-inclusion of international crimes in the penal code, retroactivity (ex post facto) concerns, and procedural difficulties in trying potentially thousands of perpetrators within a reasonable time.   The course considers the political and practical constraints and opportunities presented, the role of gender and local (especially indigenous) culture, the interaction with other transitional justice mechanisms, and the lessons to be drawn from these experiences for other parts of the world.

Prerequisites: A basic course in criminal law is needed.  Preference for a basic course in international and/or comparative law or international human rights (not a prerequisite)
Grade: Participation in class 20%, Completion of one or two in-class exercises and take home exam 80% (48 hours).

1411708150
Federalism & Decentralization:  Law, Policy, History – Prof. Roderick Hills (2 credits)
This course will provide an overview of five fundamental sets of legal and policy issues raised by and connected with federalism in several different legal regimes, past and present. The five issues are (1) secession, nullification, and subnational jurisdictions' power more generally to resist the central government; (2) division of competences between subnational and central government; (3) judicial and non-judicial enforcement of the rules defining the federal division of power; (4) the central governments' protection of commerce and individual mobility between subnational jurisdictions; and (5) implementation of national rules, through either or both contract or command, by subnational governments. We will examine these five issues by examining constitutional ground rules, political practices, and judicial decisions from the United States, Canada, India, Nigeria, Germany, and the European Union. In addition, we will read some recent economic and political science scholarship associated with each of the four issues, including work by Barry Weingast, Jonathan Rodden, Daniel Treisman, Jenna Bednar, and Robert Inman and Daniel Rubinfeld.
Grade: Each student is required to lead one class session and has the option for that class session, subject to approval of the instructor, to select readings and/or change the specific topic of that session.  In addition to leading a class session, students are required to write a research paper (no longer than 10,000 words) as well as four regular short (750-1,000 word) papers on the weekly readings.

1493101301
Introduction to Information Law - Professor Guy Pessach (2 credits)
This is an introductory course to the interface of law, technology and networked communication platforms. The course examines legal aspects of the Internet and digital technologies with emphasis on the creative industries. Topics to be discussed include: legal regulation of search engines, liability for online copyright infringement, net neutrality, digital cultural preservation, online privacy and new business models for content distribution.
Grade:  TBA 
Room: 201

1493101201
Transitional Justice - Professor Leora Bilsky (2 credits)
Transitional justice scholarship studies legal responses to collective violence, and asks how these responses affect collective memory and the state’s liberalization. Unlike a military revolution that sustains its authority by brute force, democratic regimes are committed to the rule of law and are inclined to address the evils of the previous regime with the help of legal devices. However, the new regime’s commitment to the rule of law also makes it aware of the dangers of using ex post facto laws and indulging in ‘victor’s justice.’ At such times, the various expectations from the law—to punish the guilty, ascertain the truth about the old regime, and enhance reconciliation in society—seem to  overwhelm the legal system and  to  push it  in opposite directions. As a result, trials of transition bring to the foreground the clash between politics and justice. In this course we will focus on the two main approaches to the problem which have evolved since World War II: exemplary criminal trials (Nuremberg, Eichmann, and others) and truth commissions, and examine them from the perspective of the relationship between law and politics. We will consider the politics of domestic transitional measures as well as of international criminal trials and other transnational legal mechanisms used in political transitions.
Grade:TBA
Room: 304

1493100901
Freedom of Religion - Dr. Avihay Dorfman (2 credits)
Most liberal democracies provide protection against state imposition of religious orthodoxy.  It typically takes two forms—freedom of religion and freedom from religion (or, in the language of the U.S. Constitution, the Free Exercise and the Establishment Clause, respectively).  The exploration of these two freedoms from legal, theoretical, and historical perspectives is the purpose of this course.  Some of the main questions that will be addressed from all three perspectives are: where and how the line that separates church and state ought to be drawn; why single out religion (say, rather than conscious) as an object of special constitutional protection; can religious liberty and equality be reconciled; can there be a non-sectarian principle of toleration?
Grade:  TBA 
Room: 304

1493101001
Gender, Religion and the Law - Dr. Gila Stopler (2 credits)
The purpose of the course is to acquaint students with relevant aspects of the varieties of religion state relations across the globe, of feminist theory and women's rights in different countries, and of the intersection between them. The course will then use this comparative perspective to reflect on the interaction between women's rights and religion state relations in Israel. The comparative and interdisciplinary perspectives will improve students' comparative skills and deepen their understanding of the relations between law and society.

This course explores these issues through three focal points.  First, we will examine the ideas of some major thinkers in legal and political theory who have theorised about the relationship of law and religion.  Our starting point for this will be the seminal contribution of John Rawls’s work Political Liberalism.  After looking at Rawls’s theory we will turn to responses and reactions to Rawls from other prominent thinkers. Second, we will examine ‘religio-legal’ cultures and traditions to understand how they expressed and represented the relationship of law and religion. Finally, we will look at selected case studies – instance where law and religion have directly encountered each other – as points of reflection and discussion.
Grade:  TBA 
Room: 304

1493101101
Licensing of Intellectual Property - Advocate David Mirchin (2 credits)
This is an advanced licensing class for students who already have a solid foundation in intellectual property law and contract law.  The focus will be practical rather than theoretical, and the course will address real-world business and legal scenarios faced by technology companies.

The purpose of the course is to familiarize students with a wide range of licensing issues and ways to address divergent interests.  We will cover in-depth licensing of software, content and inventions. We will review the purpose of various key terms in licensing agreements, the interests of each party, and a variety of fallback and alternative solutions which could serve your client and “make the deal happen.” The course will address some specific legal issues related to licensing, such as the enforceability of clickwrap agreements, and website terms of use never agreed to by users, the impact of bankruptcy upon a license, and licensing of open source software.

Students will also learn about various forms of agreement related to intellectual property licenses, such as Software-as-a-Service (SaaS) agreements and software escrow agreements.
Grade:  TBA 
Room: 304

1411607001
Human Rights and Disability Law - International Perspectives – Prof. Neta Ziv (2 credits)
The course will explore the intersection between human rights law and disability, from an international and comparative perspective.  In the first part of the course the students will be introduced to a theoretical and legal framework based on international human rights principles and critical disability theory and will engage in a detailed study of the UN Convention on the Rights of Persons with Disabilities (CRPD).  The framework will then be explored in the second part of the course, using a comparative law approach, through an examination of particular case studies focusing on state laws and court decisions, benchmarked against the CRPD. Throughout the course the role of law and policy in promoting and protecting the rights of people with disabilities will be evaluated; areas requiring reform identified; and strategies for the change considered. Examples for case studies are: supported decision making, inclusive education, access to justice, employment, right to family life, health.
Grade: Papers 25%, Final Exam 75% (without books).

1411704401
Criminal Justice in Israel – Prof. Kenneth Mann (2 credits)                                                                                        
This course will focus on central characteristics of the criminal legal process in Israel.  We will look at Israeli legal process in comparative perspective, using United States case law as a backdrop for identifying critical issues in criminal justice.  The course will give special emphasis to a “downside-up” empirical view of how the legal process actually operates in police stations, prosecutors’ offices, the courts and in prisons.  We will develop an empirical model of criminal justice, and compare it with law-in-the books. Emphasis will be given to the important differences in criminal justice for the poor as compared to the rich, and how those differences become evident at different stages of the criminal process, such as in plea bargaining, the conduct of criminal trials, sentencing and in appeals. Special attention will also be given to lawyers’ ethics in criminal defense representation and prosecutorial advocacy. We will also look at use of administrative detention in matters related to national security offenses, refugee entry and illegal immigration. Overall we will try to identify distinctive aspects of the Israeli legal process as compared to the American legal process.
Grade: Papers 25%, Final Take Home Exam 75%, Class participation will be taken into account.

1411712050
The Role of the International Judge - Prof. Massimo Iovane (2 credits)
1. Jurisdiction is the binding settlement of international disputes through the interpretation and application of international norms by formally appointed organs.  For decades, the evolution of the international judicial function has been described as a constant progress towards centralization and gradual stabilization, stretching from the institution of ad hoc arbitral tribunals to the creation of the International Court of Justice. However, recent practice marks the end of this process due to the emergence of a new phenomenon generally known as the proliferation or multiplication of international tribunals. On the other hand, this proliferation is taking place along with the creation of a great number of bodies such as commissions, committees, panels or councils which also perform judicial functions but whose exact legal nature is uncertain.
This fragmentation of the international judicial function has mainly been brought about by two concurring elements: regionalization and specialization which have characterized international law in the aftermath of World War 2. Although scholarship has long recognized the importance of this phenomenon, it has chosen to approach it by mainly proposing criteria to classify the different courts and quasi-judicial organs. In reality, only one specific problem has been widely and thoroughly addressed in international scholarship, i.e. the conflict between two or more jurisdictions competent to hear the same case.
2. However, the impact of this phenomenon is much more dramatic and impinges some crucial aspects of international law, such as the system of the sources, the identification of its fundamental values, the relationship between international and domestic law, the interpretation of norms, the distinction between jurisdictional and political organs. In our opinion, there is only one perspective which allows a meaningful and coherent assessment of the international judge today, and that is to consider the ongoing development of the international judicial function as the most important means for the realization of the rule of law in international relations. This perspective affects both material and procedural features. On the material side, international courts  guarantee the realization of  an international system of values. From the procedural point view, setting up international courts which can be approached by individuals affects the composition of a judicial organs, the rules of the hearing and the range and limits of judicial power.
3. In the light of the above, the course will be in three parts as follows:
a) in the first part, we shall define the concept of the international judge. We shall also distinguish between impartial judicial organs and political organs with jurisdictional functions;
b) the second part will look at the impact of international case law on the traditional sources of international law.
c) in the concluding phase, we examine the role of international judges in the creation of a system of fundamental values based on the respect of human rights and the general interests of the international community.
Grade: a regular open-book exam

1411604750
Introduction to International Taxation - Prof. Reuven Avi-Yonah (1 credits)
His course will introduce the students to the basic rules underlying the international tax regime. It will focus on both taxation of non residents on domestic source income and taxation of residents on foreign source income. Examples will be based primarily on US law and tax treaties.
Grade: Take Home Exam (24 hours)

1411707350
Intellectual Property Policy – Prof. Dotan Oliar (2 credits)
This class will cover advanced topics in intellectual property law and policy. Topics include optimal balance of incentives and access, optimal duration of intellectual property protection, the desirable scope of exclusive rights, sequential and cumulative innovation, recent empirical work in IP, search costs theory of trademark law, and alternatives to intellectual property rights as means to promote progress in the arts and sciences. Students should be at ease with the economic approach to law, although no previous knowledge is assumed or required.
Prerequisites: Any course in intellectual property (patents, copyright, Trademark, trade secret etc), or Prof. Approval.
Grade: 2 page reaction papers to the reading in 10 of 13 meetings

1411707450
Comparative Constitutional Property Law – Prof. Gregory Alexander (2 credits)
This course examines various aspects of constitutional protection of property from a comparative perspective. Among the topics considered are: (1) Why constitutionalize property at all? (2) Eminent domain and the “public use” requirement; (3) Are regulatory takings recognized in other countries? (4) The proportionality doctrine; and (5) What counts as “property” for constitutional purposes? We will compare American law and theories with its counterparts in other jurisdictions, notably Canada, Germany, and South Africa. Materials will include case reports (all in English), statutory and constitutional materials; and excerpts from academic writings, especially G.S. Alexander, The Global Debate Over Constitutional Property (Univ. of Chicago Press, 2006).
Prerequisites: First-year property law (in parallel).
Grade: Final Exam 80% (with books), Participation in class 20%

1411711650
Digital Copyright – Prof. Oren Bracha (2 credits)
The course explores the law and policy of copyright in the context of digital technology. Digital technology—such as digital content formats and devices for their use or manipulation, the Internet, encryption measures and platforms for peer production—create novel challenges and promises in respect to the traditional policies of copyright law. This course examines the law of digital copyright that has developed in the last two decades and its connection to the social policies underlying copyright law. Special emphasis will be put on the interaction between legal and technological regulation and its relationship with new forms of economic, cultural and social activities.
Grade: Take Home Exam (24 hours) 100% Class participation taken into account only as a possible positive factor.

1411708050
Law and Economic Reform in China – Prof. Jacques Delisle (2 credits)
Since the Reform Era began at the end of the 1970s China has grown rapidly to become the world’s second largest economy, a leading trading state and a top destination for—and emerging source of—foreign investment.  To support and sustain this economic rise, China has created a framework of laws and legal institutions to support a generally market-oriented and internationally open economy.  This course will provide an overview of major elements of this legal framework and a consideration of how well—or how badly—they function.  Areas that we will consider include: contract law, property law, product liability law (partly as an example of public safety regulation), foreign direct investment and international trade law, and institutions and processes of dispute resolution (both between parties to economic relationships and between those who hold economic rights and interests and the state).

Readings will draw from legal and social science scholarship by foreign and Chinese scholars and translations of some primary Chinese legal sources (including laws and cases).  There are no prerequisites for this course.  For those with little or no background on contemporary China, a few optional background readings will be provided.
Grade: Class participation, in the form of ordinary class discussion and in the form of service on one to a few informal “panels” (of a few students each) to address one of the subtopics of the course will be a minor component in the course grade. Take Home Exam (48 hours)

1411558850
Visual Arts and the Law - Prof. Kurt Siehr (2 credits)
The course "Visual Arts and the Law" introduces into public international law, private international law and national law on the matter of protection of cultural objects and the cultural heritage. Also the law of the European Uniion is considered. The course touches ,i.a., export prohibitions, stolen property, cultural property in times  of war and times of peace and hölocaust art.
Prerequisites: It may be of some advantage if students had some knowledge in public and private international law.
Grade: Open-Book Final Exam 100%.

1411708250
Comparative Corporate Law– Prof. Ernest Lim (2 credits)
The course consists of a comparative study of major areas of the company laws of US, UK and Hong Kong. The three jurisdictions selected for comparative study have had an important impact on the development of company law. Such a comparative study is intended to enable students to see their own system of company law in a new and more meaningful light, and to be able to form new views about its future development. The approach taken is both functional and comparative, looking at a series of core problems with which any system of corporate law must deal and analyzing from a functional perspective the solutions adopted by the systems in question. The course assumes students have a basic knowledge of company law.
Grade: Take Home Exam (48 hours) 80%, Participation in class 20%

1411664550
The Jewish Political Tradition Through the Eyes of Jewish Law - Prof. Suzanne Stone  (2 credits)
This course focuses on the conceptual dimensions of the Jewish political tradition. We will consider such questions as: To what extent does Judaism have a political tradition? How do Jewish sources address such perennial political issues as authority, legitimacy, types of government, consent, power, and justice? How does the Jewish political tradition compare with other traditions such as those of Greece, Christianity, and modern liberalism?  What is the relationship of religion and political order from the internal perspective of Jewish traditional sources and how do different definitions of Judaism affect various thinkers’ views on the relationship between Judaism and political order?  What  is the relationship between the State of Israel and the historic Jewish political tradition?
Grade: Final Exam (with books) 80%, Class participation 20%.

1493101401
Labor Migration and Human Trafficking - Dr. Hila Shamir (2 credits)
A rapidly evolving body of international and national law focuses on human trafficking. While significant political and scholarly attention has been dedicated to the prevention of sex trafficking, there is a growing understanding that human trafficking is not unique to the sex industry but occurs in other labor sectors such as agriculture, construction, and domestic work. This course will focus on understanding the mechanisms of anti-trafficking law, the ideological and policy impulses that produced and sustain it, the complex ways in which it is interacting with other legal regimes affecting labor migration (immigration law; human rights law and governance; international and national labor law; etc.), and the distributive effects it is producing both in the developed and the developing world. The course will begin with a study of the origins of anti-trafficking law in the context of sex work, and disagreements among feminists about the legal approach towards sex work/prostitution, and will then turn to an exploration of the challenges facing the current anti- trafficking legal framework in effectively reducing labor exploitation in both the sex industry and other labor sectors.

The course's goal is to introduce students to the international legal regime that developed around human trafficking, to contextualize this development in relation to other developments in the field of the international regulation of labor migration and human rights, and to provide students with the analytical tools to assess the regime's successes and failures. The course is based on legal texts as well as diverse texts from a variety of disciplines. The interdisciplinary approach is designed to deepen students understanding of newly emerging international regulatory mechanisms in general, and to critically engage with the international anti-trafficking regime in particular
Grade:  Take Home Exam (48 hours)
Room: 304

1411707750

Tax and Democracy-Prof. Eric Zolt (2 credits)

This course will examine several issues related to tax and society, including examining the role governments could play in providing goods and services and in raising taxes to fund them. We will focus on the legal, political, and economic challenges in raising revenue to support government operations as well as issues related to democracy and taxation, tax and the welfare state, tax and inequality, tax and economic
growth, and tax and globalization.
There are no prerequisites. 
Grade: the exam will be a take-home…and there will be two group assignments on case studies during the course.

1411707850
Social and Economic Rights-Prof. Tsvi Kahana (2 credits)

For many years, constitutional jurisprudence and literature has discussed negative rights. These are the rights that citizens have against the state, the best example being freedom of expression. In the past few decades, a new realm of constitutional rights has emerged, known as social and economic rights. Here the emphasis is not on what the state cannot do to a citizen, but what the state is obligated to do for a citizen. These rights are the focus of the course. We will ask questions such as: Does the state owe its citizens health? education? a job? housing? Minimum subsistence? If so, how much of these? Must the state prevent poverty? If such duties exist, should they remain moral duties or should they be entrenched in the constitution and become constitutional duties? If they become constitutional duties, should they be self-enforced by the legislature or should they be enforced by courts? Are courts capable of enforcing such rights? Are there non judicial ways to
develop social and economic rights?
Grade: Take home exam 100% (48 hours).