Law Commons^™

Trying To Try Sharon, Linda A. Malone

Linda A. Malone

No abstract provided.

The Kahan Report: Justice Denied, Linda A. Malone

Linda A. Malone

No abstract provided.

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Linda A. Malone

No abstract provided.

Human Rights In The Middle East, Linda A. Malone

Linda A. Malone

No abstract provided.

Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo

Markus Gunneflo

No abstract provided.

Bds & Political Theory Critical Exchange.Pdf, C. Heike Schotten, William Clare Roberts

C. Heike Schotten

Fight Over Hill's Israel Comments Is Not Helpful, Alan E. Garfield

Alan E Garfield

No abstract provided.

The Role Of Creative Language In Addressing Political Asymmetries: The Israeli-Arab Water Agreements, Itay Fischhendler, Aaron T. Wolf, Gabriel E. Eckstein

Gabriel Eckstein

International water agreements are often used as mechanisms for fostering and institutionalizing political cooperation. Yet, since water resources in many places are being driven to the edge of their natural limits, a number of international organizations have formulated legal principles and norms aimed at helping states resolve water disputes. While states have been urged to adopt these principles, it seems that they often embrace other less-traditional alternatives that may better address their own political needs. The aim of this study is to examine why states fail or decline to adopt several of the general principles of customary law formulated by …

Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein

Gabriel Eckstein

Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …

הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit

Hezi Margalit

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Catherine Rogers

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …

Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond

Susan G. Drummond

The relationship between cartography and law provides a unique focus through which to examine mixed legal jurisdictions. Through an exploration of the various uses of law, cartography, and nation building, the author postulates that mixed legal jurisdictions are created through the subtle incorporation of the originally unfamiliar “Other”. In Canada, European settlers asserted sovereignty through the mapping and naming of territory in ways that did not accord with traditional Aboriginal patterns of usage or conceptualizations of space. The eventual creation of a legal middle ground between these peoples, as articulated by Richard White, is the basis of the author’s analysis …

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman

Eileen Kaufman

The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …

"Dignitizing" Free Speech In Israel: The Impact Of The Constitutional Revolution On Free Speech Protection, Guy E. Carmi

Guy E Carmi

This Article examines the changes in the approach to the analysis of free speech rights in Israel. It demonstrates the growing shift from the American liberty-based influence in the 1980s to a more dignity-based, and principally Canadian- and German-inspired, model following the adoption of the partial Bill of Rights in the 1990s. This is demonstrated both by a statistical analysis of the Israeli Supreme Court free speech rulings in the past thirty years and by a substantive analysis of recent rulings in the areas of prior restraint, pornography, and libel.

The statistical findings demonstrate that while human dignity rarely played …

Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston Nagan, Aitza Haddad

Winston P Nagan

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …

Victimhood And Perpetration In Gaza: Contextualizing Israel's War Crimes During Operation Cast Lead, John F. Engers

John F Engers

Between December of 2008 and January of 2009, the streets and buildings of the Gaza strip appeared less like a city and more like the ghostly ruins of an urban battle zone. Three weeks of rocket and mortar fire, incendiary chemicals, and aerial bombardments had decimated the infrastructure and left thousands of civilians dead or injured. The destruction was the result of Israel’s “Operation Cast Lead,” which was purported to be a defensive response to Hamas’ rocket fire directed at the civilian infrastructure of Southern Israel. Soon following the conclusion of the operation, the international community began to voice concerns …

Let's Put Our Cards On The Table When It Comes To Israel, Alan E. Garfield

Alan E Garfield

Determination Of Starting Sentences In Israel—System And Application, Oren Gazal-Ayal, Ruth Kannai

Oren Gazal-Ayal

The Israeli Penal Law Bill (Amendment No. 92, Structuring Judicial Discretion in Sentencing) 5766-2006 proposes that a committee be set up to establish sentences that will serve as starting points for judges in their sentencing deliberation (starting sentences). The Israeli Minister of Justice asked the authors to propose starting sentences for three prevalent serious offences in order to show the Knesset (the Israeli parliament) the methodology of determining such starting sentences and to help facilitate the debate about the consequences of these new guidelines. The ministers intended the Knesset to legislate these proposed starting sentences in the appendix to the …

A Just Zionism (Book Review) (In Hebrew), Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

A book review of Tel Aviv University Professor Chaim Gans' book ‘A Just Zionism: On the Morality of the Jewish State’ (OUP 2008)

Might Does Not Make Right: The Flawed Effort To Redefine Jus Ad Bellum Proportionality, Kevin Nilsson

Kevin Nilsson

This Article argues that Israel’s use of force in self-defense in response to a 2006 Hezbollah cross-border raid was disproportionate and, therefore, unlawful under currently accepted interpretations of the international law governing the use of force. The Article continues by examining how Israeli actions during the 2006 Lebanon conflict as well as U.S. statements in the wake of the 9/11 terror attacks have highlighted a concerted effort to redefine jus ad bellum proportionality. These efforts, although gaining some support in the form of simple game theory and the need for host-state assistance in the worldwide effort against terrorism, fail to …

A View Of The Dutch Ipo Cathedral, Peter B. Oh

Peter B. Oh

This is the Keynote Address for “IPOs and the Internet Age: The Case for Updated Regulations,” a symposium held at The Ohio State University Michael E. Moritz College of Law. Initial public offerings (“IPOs”) are an exercise in asymmetrical valuation. One mechanism for bridging these asymmetries is a private financial intermediary to conduct price discovery by meeting with preferred investors. An alternate mechanism is an auction, such as a descending-bid or Dutch procedure, to conduct price discovery by soliciting bids from all prospective investors. Recent disenchantment with the relationship between issuers and intermediaries has prompted some to hail (online) auction-based …

Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The death of Yasser Arafat, removal of Saddam Hussein, passage of United Nations Security Council Resolution 1483, and conflict in Sudan significantly alter the geopolitics of the Middle East and North Africa. International law consists of the accretion of co-aquifer agreements as well as international treaties. Recent codification efforts have provided a framework with which co-aquifer states can address transboundary natural resources through flexible water use provisions, equitable distribution of water benefits, and strong dispute resolution mechanisms. This article applies the multifactor balancing test of the Draft Convention on the Law of Transboundary Aquifers to the Israeli-Palestinian conflict and analyzes …

Comparative Notions Of Fairness: Comparative Perspectives On The Fairness Doctrine With Special Emphasis On Israel And The United States, Guy E. Carmi

Guy E Carmi

The Article offers a comparative analysis of the manner in which different legal systems refer to mechanisms that are intended to ensure fairness, impartiality, and balance in mass media reporting and on issues of public importance, namely, the Fairness Doctrine and its non-U.S. counterparts. The Article reviews several systems, yet focuses on those in Israel and the United States.

The Israeli fairness doctrine was imported from the American system, where it was subsequently repealed. Despite this fact, the Israeli Supreme Court has left the doctrine intact. The prima facie contradiction between the obsolescence of the doctrine in its land of …