VERY IMPORTANT – applies for all Courses, Workshops and Seminars
Class attendance is mandatory. A student that misses more than four classes will not be eligible to take the final exam.

 

NOTE: the below list is subject to changes for the 2018-2019 academic year. 

 

 

 

 

 

 

 

FALL SEMESTER - FIRST QUARTER

 

Track: ELECTIVE

Course: Criminal Justice in Israel

Prof. Kenneth Mann- TAU

Credits: 2

Course number: 1411704401

Time: FIRST QUARTER

 

Course Description:

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 Components: 80% Take Home Exam, 20% Papers.

Class participation is a prerequisite for taking the exam.

 

 

Track: ELECTIVE

Course: Contemporary legal theory and the nature of legal knowledge

Prof. Archana Parashar - Macquarie University, School of Law

Credits: 2

Course number: 1411735350

Time: FIRST QUARTER

 

Course Description:

This unit introduces major critical orientations, both fairly traditional and recent. It brings together critical theories that combine the post structural and feminist concerns about construction of knowledge and responsibility of the thinker for holding certain views. The unit is intended for those with a specific interest in critical contemporary theory of law and exploring its potential for social justice.

Grade Components: 100% Take Home Exam

 

 

Track: ELECTIVE

Course: Introduction to Russian Property Law

Prof. Ekaterina Tyagay,  Kutafin Moscow State Law University (MSAL)

Credits: 2

Course number: 1411735550

Time: FIRST QUARTER

 

Course Description:

The course will introduce Israeli and international students to Russian Property Law. It will uncover historical background under which various forms of property developed in Russia. It will focus on the evolution of the Russian rights of estate system (including but not limited to the classic continental ownership). Students will gain a clear understanding of correlation between such legal categories as “rights of estate”, “proprietary rights”, and “contractual rights in respect of things” under Russian law. One of the main aims of the course is to make students fully acquainted with the system and classification of rights of estate that include the “absolute” right of ownership and a number of “limited” real rights (such as the right of the lifetime inheritable possession of a land plot; the right of permanent (perpetual) use of a land plot; servitudes; the right of economic management of property; and the right of operative administration of property).

Prerequisites: Basic knowledge of Legal Theory and Civil Law is recommended. Knowledge of Russian Law is not required.

Grade Components: 100% Final Paper


 

FALL SEMESTER - SECOND QUARTER

 

 

Track: ELECTIVE

Course: Vitality of Scripture and Reading Practices in Ancient Judaism

Prof. Hindy Najman - University of Oxford

Credits: 2

Course number: 1411735250

Time: SECOND QUARTER

 

Course Description:

What constitutes Scripture?  What are its boundaries?  What is the connection between one’s conception of scriptural development and one’s philological practice?  Modern philology is supposed to illuminate scriptural development in antiquity, but can scriptural development also shed light on modern philology?  These are the questions addressed by this course.

What constitutes scripture?  This question  has been answered in two main ways: either by focusing on canonization and the institutionally authorized texts produced thereby; or by privileging the earliest layer or source of a text in the hope of recovering what actually happened or the original words of a prophet or a scribe.  The traditions of biblical scholarship emerged at a time of historicism and under the influence of an 18th century Protestant interest in the recovery of the origin of scripture.  From such a perspective, changes or additions to the text appear problematic, inauthentic or even fraudulent. 

This course offers a different perspective, arguing that Scripture is constituted by a dialectical tension between authority and creativity.  Insofar as Scripture is authoritative, it is also generative.  Readers of Scripture who believe in its authority are also driven to maintain its present relevance by generating new readings and new texts formulating those readings.  But this generativity can also be perceived as a threat to Scripture’s authority.  What if the new life, to which it gives rise, supplants the original, assuming its authority?  What if the child replaces the parent?  This is what motivates the attempt, by scripturally authorized figures to prevent the generation of threatening offspring, who might undermine scriptural authority.  But, like declarations that prophesy has ended – declarations made by non-prophets like rabbis and priests, of course – such attempts at closure show the scholar that, in an important sense, no such closure has happened, because the attempts are only necessary insofar as threatening offspring continue to be born.

Grade Components:   100% In Class Exam

 

SPRING SEMESTER

 

Track: ELECTIVE

Workshop: Private Law Theory

Prof. Hanoch Dagan; Prof. Avihay Dorfman - TAU

Credits: 3

Course number:

Time: SPRING SEMESTER

 

Course Description:

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 —in English or in Hebrew— 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.

Grade Components: 80% Reaction Papers, 20% high quality participation.


 

 

Track: ELECTIVE

Seminar: Law, Religion and Secularism

Dr. Lena Salaymeh - TAU

Credits: 4

Course number: 1411715440

Time: SPRING SEMESTER

 

Course Description:

This seminar explores the nature of law before and after secularism. Broadly, secularism demands and presupposes the separation of "religion" from politics, the privatization of religion, and the diminished social significance of religion. But, even in the modern world, religion and politics cannot be separated. This seminar will examine case studies on religious law and secular law in the premodern and modern worlds. We will contrast religious law prior to secularism with religious law after secularism, with particular attention to how religious communities "reconceptualize" their legal systems in reaction to secularism. We will also investigate the ways in which modern nation-states secularize religion. Students interested in writing on any aspect of law and "religion" is welcome in the class.

Grade Components: 75% Papers, 25% presentation


 

 

Track: ELECTIVE

Workshop: Legal History

Prof. Assaf Likhovski, Dr. Lena Salaymeh - TAU

Credits: 3

Course number: 1411738201

Time: SPRING SEMESTER

Course Description:

The legal history workshop provides an introduction to the field of legal history. The workshop presents a wide range of legal-historical topics, research questions, and methods. The course will consist primarily of weekly meetings in which local and international legal historians will present and discuss their works-in-progress. Participants will gain insight into the mechanics and dilemmas of legal history research and writing, exposure to current trends in the field, and experience in critiquing scholarship effectively and fairly. In addition to being graded on class participation, students will write several short (2-page) critiques of the articles.

Grade Components: 60% 6 highest grades on response papers (unlimited submissions); 30% Attendance and participation in class discussions; 10% Mandatory first paper due in class in week 2


 

 

Track: ELECTIVE

Course: Torah and Law: Do They Walk Together?

Prof. Suzanne Stone; Prof. Menahem Lorberbaum – Yeshiva University; TAU

Credits: 2

Course number:

Time: SPRING SEMESTER

Course Description:

This course seeks to investigate core questions concerning the legal philosophy of the Torah: Is Torah 'law' and, if so, in what way? What is a 'Mitzvah?' Does the legal genre (e.g., codification, narrative precedent, responsa literature) determine the content of the law? What, if any, are the limits of law? In this seminar, we will investigate these and other questions from a comparative viewpoint, including the viewpoints of other normative traditions and of legal philosophy. We will also investigate how modern Jewish philosophy grapples with these questions. 

The course is open to graduate students in law or in Jewish Studies and to undergraduates by permission of the instructor.

The course will be open to Hebrew and English speakers.

Grade Components: Students may choose to write a 'referat' (8-10 page paper) or a seminar paper (25-30 page paper). All paper topics are subject to the prior approval of the instructors.

 

SPRING SEMESTER – THIRD QUARTER

 

Track: ELECTIVE

Course: The Law of Deception

Prof. Gregory Klass - Georgetown University Law Center

Credits: 2

Course number:  1411735850

Time: THIRD QUARTER

 

Course Description:

The law of deception comprises laws and regulations that attempt to prevent dishonesty, disinformation, artifice, cover-up and other forms of trickery, or to avert mistake, misunderstanding, miscalculation or other false beliefs. So defined, the law of deception cuts across traditional legal categories such as tort, contract, criminal law, consumer protection and securities law. This seminar examines common issues of design and justification in the law of deception. Readings are a mix of primary and secondary materials on topics such as historical developments, types of informational wrongs, the choice between fault and strict liability, remedies, special pleading and other procedural rules and constitutional issues.

Grade Components: 100% In Class Exam


 

Track: ELECTIVE

Course: Church Law: Structure, Authority and Property Church Law

Dr. Yifat Monnickendam - TAU

Credits: 2

Course number: 1411729901

Time: THIRD QUARTER

 

Course Description:

With the rise of Christianity, Christian legal systems became established in the Byzantine east and the European west. These two legal systems form the basis of modern Canon law; while tied to modern legal systems, eastern and western Canon law also offers unique jurisprudence and different ways of legal thinking. In the first part of this course, we will focus on the broad perspective of eastern and western Canon law, including jurisprudence, the authority of the Church and the Bishops, the courts, the judicial process and the role of customs. We will also become acquainted with the main sources of these two legal systems, which we will study using methods drawn from Legal History and Comparative Law. In the second part of this course, we will focus on a few questions relating to property and ownership in western and eastern Canon law.

Grade Components: 100% In Class Exam (without books)


 

 

Track: ELECTIVE

Course: The History of English Law

Dr. David Schorr -TAU

Credits: 2

Course number: 1411670001

Time: THIRD QUARTER

 

Course Description:

The course is an introduction to the history of English (and to some extent, British) law, including not only such fundamentals such as the common law, the law of equity and constitutional law, but also secondary elements such as ecclesiastical law, the law merchant, and colonial law. Readings will be taken primarily from historical sources.

Beyond the function of any comparative-law course in helping the student gain a deeper understanding of his or her own legal system, English law has particular importance for appreciating a number of important historical and theoretical issues that cut across time and place, including legal pluralism and the relationship between law and religion.

The course will focus on specific historical issues and developments from various periods that highlight central topics in the history of English law. Basic knowledge of the English legal system and its central institutions in their historical context will help develop participants’ skills in using and evaluating claims based on English law. The exposure to various types of historical primary sources will also help students make intelligent use of English legal sources in their professional lives.

Grade Components: 80% In Class Exam (without books), 20% papers.