Dr. Iddo Porat
Academic Center of Law and Business, 26 Ben Gurion St., Ramat Gan, Israel
Tel (office): +972-3-6000813, Tel (mobile): +972-50-6817368
Email: poratiddo@gmail.com
1. Higher Education
1998
2001
2004
LL.B. - The Hebrew University, Jerusalem, Joint Program of
the Faculty of Law and the Department of Philosophy (magna
cum laude).
J.S.M. – Stanford University (Stanford Program for
International Legal Studies - SPILS)
J.S.D. – Stanford University (Supervisor: Prof. Tom Grey,
Dissertation Committee: Prof. Tom Grey, Prof. Barbara Fried,
and Prof. Cathleen Sullivan)
2. Student Positions, Activities and Honors
1999-2000
1999-2000
1999
1995-1997
1995-1996
Editor, Stanford Journal of International Law (Member of
the Article Submissions Committee)
Member of the Stanford International Student Association.
Research Assistant to Prof. Lawrence Friedman (Stanford), and
to Prof. Morton Horwitz (Harvard – visiting at Stanford)
Research Assistant to Prof. Ruth Gavison (Hebrew University);
Teaching Assistant in first year course on Jurisprudence
Dean’s List, Hebrew University School of Law.
3. Clerkships and Internships
1998-1999
Summer 2001
Clerk, Honorable Justice Dalia Dorner, Supreme Court of
Israel
Summer Associate, Debevoise & Plimpton, LL.P, New York,
New York
4. Academic Ranks and Teaching Positions in Institutes of Higher Education
2015-present
Associate Professor, College of Law and Business (CLB),
Israel
2010-2015
Senior Lecturer, College of Law and Business (CLB), Israel
2004 –2010
Lecturer, College of Law and Business (CLB), Israel
2010, 2011, 2012, 2014
Visiting Professor, San Diego University School of
Law. Teaching an intensive course on Global Constitutionalism
and on Legal and Constitutional Challenges in the Middle East
2008-2009
Visiting Professor, San Diego University School of Law
(Sabbatical Year)
2002-6, 2013-present Adjunct Lecturer, Hebrew University Faculty of Law (First
Year course, Constitutional Law. Course ranked 14 out of 107
in terms of student evaluations for 2015)
2005-2006
Adjunct Lecturer, Interdisciplinary Center, Herzliya
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5. Offices in Academic Administration
2011-2012
Head of the Human Rights Program
2011-2013, 2015-present
Member, Appointment's Committee
2009-present
Member, Teaching Committee
2005-7, 2009-present Heading the Faculty Colloquium
2005-2008
Heading the Program for Academic Legal Writing
6. Other Scholarly Activities
Member of the Public Law Teachers Forum
Member of the Legal Ethics Teachers Forum
Member of Doctorate Committee (Hebrew University); Member of Promotions
Committee (Carmel College of Law, Ono College)
Referee: Journal of International Constitutional Law (I-CON); Ratio Juris ; Journal of
Law and Courts (Virginia Law School); Cambridge University Press (book proposals)
Hebrew University Law Review (Mishpatim); Israel Law Review; Haifa University
Law Review (Mishpat Umimshal)
7. Teaching
Mandatory courses: Constitutional Law, Administrative Law, Legal Ethics,
Introduction to Israeli Law, Law and Moral Philosophy
Elective courses:
Judges, Adjudication and Politics,
Balancing Interests in Constitutional Law,
The limits of Freedom of Speech in Israel
Seminars
Purpose and Intention in Constitutional Law
Law, Literature and Cinema
Teaching Abroad
Global Constitutionalism (University of San Diego School of
Law)
Legal and Constitutional Challenges in the Middle East
(University of San Diego School of Law)
8. Publications
(In all co-authored publication there is equal participation of both authors.)
A. Books
1.
PROPORTIONALITY AND CONSTITUTIONAL CULTURE (CAMBRIDGE UNIVERSITY
PRESS, 2013) (co-authored with Moshe Cohen-Eliya) (184 pages). (A
symposium issue on the book was published in the JERUSALEM REVIEW OF
LEGAL STUDIES (OUP); Book review published at 51 Common Market Law
Review 1305 (2014)).
B. Edited Books and Special Journal Issues
1. RIGHTS, BALANCING AND PROPORTIONALITY, Volume 6 oF LAW AND ETHICS
OF HUMAN RIGHTS (Co-edited with Moshe Cohen-Eliya): (Berkeley Electronic
Press, 2010) (two separate issues of the volume)
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C. Articles in Refereed Journals (published and accepted for publication)
1. Who is Afraid of Channel 7? (with Issi Rosen-Zvi) 38 STANFORD JOURNAL OF
INTERNATIONAL LAW 79 (2002)
2. The Dual Model of Balancing: A Model for the Proper Scope of Balancing in
Constitutional Law, 27 CARDOZO LAW REVIEW 1393 (2006).
3. On the Jehovah Witnesses Cases, Balancing Tests, Indirect Infringement of
Rights and Multiculturalism: a Proposed Model for Three Kinds of
Multicultural Claims 1 LAW AND ETHICS OF HUMAN RIGHTS 429 (2007).
4. The Hidden Foreign Law Debate in Heller: Proportionality Approach in
American Constitutional Law, 46 SAN DIEGO LAW REVIEW 367 (2009) (coauthored with Moshe Cohen-Eliya)
5. Sixty Years of Balancing: on the Transformation from Instrumental to
Substantive Balancing in Israeli Law, 10 LAW AND BUSINESS 347 (2010) (in
Hebrew)
6. The Plural Applications of Value Pluralism 46 SAN DIEGO LAW REVIEW 909
(2010)
7. American balancing and German Proportionality: The Historical Origins,
8(2) I.CON – INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 263 (2010)
(co-authored with Moshe Cohen-Eliya) (this paper was chosen to be presented
at the inaugural meeting of the Harvard-Stanford International Junior Faculty
Forum in October 2008)
7b. American balancing and German Proportionality: The Historical Origins
Reprinted in BRIAN BIX AND HORACIO SPECTOR (EDT.) RIGHTS: CONCEPTS AND
CONTEXTS (Ashgate 2012)
8. Proportionality and the Culture of Justification, 59 AMERICAN JOURNAL OF
COMPARATIVE LAW 463 (2011) (with M. Cohen-Eliya).
8.a. *Proportionality and the Culture of Justification A Chinese translation
has been published in NANJING UNIVERSITY L. REV. (2012)
9. The Double Effect of Rules and Standards: On Graham, Minimalism and
Judicial Control (with M. Cohen-Eliya) 26 CANADIAN JOURNAL OF LAW AND
JURISPRUDENCE 283 (2012)
10. Proportionality and Justification, 64 TORONTO L. J. 458 (2014) (with M.
Cohen-Eliya) (review article 20 pages).
11. Indifference and Discrimination, 44 ISRAEL YEARBOOK ON HUMAN RIGHTS 87
(2014)
12. The Global Model of Rights and Exclusionary Reasons: Comments on Kai
Möller's The Global Model of Constitutional Rights 10 JERUSALEM REVIEW OF
LEGAL STUDIES 193 (OUP) (2014)
13. Reply to Commentators on Proportionality and Constitutional Culture (with
M. Cohen-Eliya) 10 JERUSALEM JOURNAL OF LEGAL STUDIES 159 (OUP)
(2014)
14. Preferring One’s Own Civilians: May Soldiers Endanger Enemy Civilians
More Than They Would Endanger Their State’s Civilians? (with Z. Bohrer),
47 GEORGE WASHINGTON INTERNATIONAL LAW REVIEW 99 (2015)
15. The Knobe Effect, Indifference, and Constitutional Law (with M. Cohen-Eliya)
forthcoming in 9 LAW AND ETHICS OF HUMAN RIGHTS (2015)
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16. Three Principles of Group Rights: When are Group Rights Petitions Accepted
in Israel? forthcoming in BAR ILAN LAW REVIEW (2016 – final stages of
publication) (Hebrew)
17. The Administrization of Constitutional Law, forthcoming in TEL AVIV LAW
REVIEW (2016 – final stages of publication) (Hebrew)
18. Lost in Translation: Constitutional Concepts Between Europe and America
forthcoming in INTERNATIONAL JOURNAL OF LAW IN CONTEXT (2016 –
accepted for publication, in editing process)
C. Chapters in Books (published and accepted for publication)
1. What is the Difference Indeed?: a Response to David Enoch’s Article 'What is
the Difference Between Terrorist Acts and Targeted Killings?' in MORDECHAI
KREMNITZER (ED.), THE HARMING OF INNOCENT VICTIMS (2007) (HEBREW)
2. Some Critical Thoughts on Proportionality in GIORGIO BONGIOVANNI,
GIOVANNI SARTOR AND CHIARA VALENTINI (EDS.), REASONABLENESS AND THE
LAW, 251 (2009)
3. The Use of Foreign Law in Israeli Constitutional Decisions in GIDEON SAPIR,
DAPHNE BARAK-EREZ & AHARON BARAK (EDS.), ISRAELI CONSTITUTIONAL
LAW IN THE MAKING (HART 2013)
4. Mapping the American Debate over Balancing in: GREGOIRE WEBER, GRANT
HUSCROFT, AND BRADLEY MILLER (EDS.), PROPORTIONALITY AND THE RULE
OF LAW: RIGHTS, JUSTIFICATION, REASONING (CAMBRIDGE UNIVERSITY PRESS
2013).
5. Administrative law, Constitutional Law, and Proportionality: The
Administrative Origins of Constitutional Rights and How They Shaped Global
Constitutionalism in VICKY JACKSON AND MARK TUSHNET (EDS.)
PROPORTIONALITY: NEW FRONTIERS, NEW CHALLENGES (CAMBRIDGE
UNIVERSITY PRESS) (forthcoming 2016, article co-written with Moshe CohenEliya)
D. Op-Eds
1. Haaretz – A Ride in the Bus of Fools (on cultural clashes in the Israeli society
through the lens of public transportation) 2010 (Hebrew)
2. Haaretz – The Rabin Game (on teaching pre-school children on the Rabin
Assassination) 2010 (Hebrew)
3. Haaretz – A Continuous Constitutional Crisis (on the implication of the
nomination of Ayelet Shaked to the position of minister of justice) 2015
(Hebrew)
E. Works in Progress
1.
2.
Blood and Religion: The Constitutional Debate in Europe over Ritual Animal
Slaughter and Male Circumcision. (article written for a conference on
Animal Rights in Comparative Constitutional Law, to be held at Harvard
Law School, February 2016).
The Hidden Text of the Israeli Constitution (article written for a conference
on The Invisible Constitution in Comparative Perspectives, to be held in
Melbourne, Australia, on May 2016)
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3.
Nominations for High State Offices in Israel: Media, Politics and the
Attorney General, in an Unstable Setting (written for an issue of Haifa Law
Review on the Attorney General) (Hebrew)
9. Participation in Scholarly Conferences and Workshops (Selected)
2016 Sau Paulo
2016 Boston
2016 Berlin
2016 Haifa
2016 Harvard
2016 Melbourne
2015 NY
2015 Harvard
2014 Cambridge
2014 London
2014 Florence
Forthcoming. Guest Constitutional Scholar Lecture Series. San
Paulo University, Faculty of Law. Invited to present a lecture and
a faculty workshop. Topic to be determined.
Forthcoming. Global Constitutionalism and Rights: Law and
Ethics of Human Rights Annual Conference. Co-organizing the
conference and presenting a paper on The Hidden Text of the
Israeli Constitution.
Forthcoming. Society of International Public Law (ICON-S)
Annual Conference. Co-organizing a panel (with Shai Lavi, and
Kai Moller) on Blood and Religion: Animal Ritual Slaughter and
Male Circumcision, and presenting a paper on this topic.
Forthcoming. Conference on 20 years for the Mizrahi Case.
Forthcoming. Closed workshop on Animal Rights in
Comparative Constitutional Law, to be held at Harvard Law
School, February 2016. Presenting an article on Blood and
Religion: The Constitutional Debate in Europe over Ritual
Animal Slaughter and Male Circumcision.
Forthcoming. Closed workshop on "The Invisible Constitution
in Comparative Perspective” in The Centre for Comparative
Constitutional Studies at Melbourne Law School. Presenting a
paper on The Hidden Text of the Israeli Constitution.
International Society of Public Law (ICON-S) Annual
Conference, co-organizing a panel and presenting the paper The
Administrative Model of Constitutional Rights (with Moshe
Cohen-Eliya)
Two-day closed workshop on Proportionality at Harvard Law
School. Organized by Vicki Jackson and Mark Tushnet. Among
the participants were Aharon Barak, and Frank Michelman,
Presenting an article on The Administrative Origins of the Global
Model (with Moshe Cohen-Eliya). Proceedings to be published
in a book collection.
Annual Applied Philosophy Conference. Presenting a paper on
Indifference and the Knobe Effect
London School of Economics, Legal and Political Theory
Forum. Workshop on my book, PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (2013) (co-authored with Moshe
Cohen-Eliya) and on two other books.
International Society of Public Law (ICON-S) Inaugural
Conference, Panel on Proportionality and Global
Constitutionalism (co-organizing the panel and presenting my
co-authored book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE)
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2013 Vancouver
2013, Jerusalem
2013, CLB
2013 Tel Aviv
2013 CLB
2012 Jerusalem
2012 IDC
2011 Jerusalem
2011 Tel Aviv
2010 Sheffield
2010 Jerusalem
2009 Los Angeles
2009 San Diego
Canadian Association of Law and Society Conference: "Law on
the Edge". Presenting a paper titled The Use of Foreign Law in
Israeli Constitutional Adjudication
Book symposium on my book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (CUP 2013) (co-authored with
Moshe Cohen-Eliya) as part of the Hebrew University
Jerusalem Review Legal Studies book symposium series.
Replying to three commentators on the book: Prof. Kai Moller
(LSE), Prof. Mordechai Kremnitzer (Hebrew U), and Dr. Adam
Shen'ar (IDC). The proceedings were published in the
JERUSALEM JOURNAL OF LEGAL STUDIES (OUP, 2014).
Conference on my book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (CUP 2013) (co-authored with
Moshe Cohen-Eliya) and Prof. Aharon Barak's book
PROPORTIONALITY: CONSTITUTIONAL RIGHTS AND THEIR
LIMITATIONS (2012, CUP). An exchange with Prof. Aharon
Barak, following the publication of the two books.
Tel Aviv Law Review Symposium on "The Law of the
Parliament" at Tel Aviv University Faculty of Law. Presenting
a paper on The Administrization of Constitutional Law.
Panel on my book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE (CUP 2013) (co-author Moshe Cohen-Eliya) at The
Annual Conference of the Israeli Law and Society Association.
Responding to comments on the book by Prof. Margit Cohn
(Hebrew U), Dr. Benjamin Blum (Hebrew U), and Dr. Rivi
Weil (IDC).
International Conference on "Equality of Opportunity", Hebrew
University Department of Political Science. Presenting a paper
on Between Intentional Discrimination and Discriminatory Side
Effects
International Conference, "Democracy – a Telling Story" giving
a talk on Democracy and Justification
Conference on "20 Years to the Constitutional Revolution in
Israel". Presenting a paper on Abstract and Concrete Review in
Israel
Conference "Israeli Constitutional Law in the Making –
Comparative and Global Perspectives". Presenting a paper on
The Use of Foreign Law in Israeli Constitutional Decisions
Sheffield University International Conference on War and Self
Defense. (papers accepted after review). Paper on Harming
Civilians at War. Among the participants were Prof. Francis
Kamm, Prof. Jeff McMahan, and Prof. Noam Zohar.
Two-day workshop on Hebrew Law and Legal Theory. Giving
a talk on Natural Law Theory and Hebrew Law.
Pepperdine University Southern California Junior Law Faculty
Workshop. Presenting a paper on Preferring One’s Own
Civilians
Institute for Law and Philosophy, San Diego Law School.
Commenting on a paper, on Value Pluralism and the Law, in a
conference on Isaiah Berlin and Value Pluralism (Feb). Active
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2008, Stanford
participant in two other Law and Philosophy Workshops: The
Rationality of Rule Following (Sept) ,Robert Nozick and
Lockean Libertarianism (Apr)
Harvard-Stanford International Junior Faculty Forum. An
article titled American Balancing and German Proportionality:
The Historical Origins (co-authored with Dr. Moshe CohenEliya) was chosen after a rigorous selection process (10 out of
hundreds of proposals) and presented and commented on in the
inaugural meeting of the Harvard-Stanford International Junior
Faculty Forum, which took place at Stanford Law School on
October 2008.
10. Invited Lectures/Colloquium Talks (Selected)
2015 CLB
2014 San Diego
2013 CLB
2012 Bar Ilan
2012 IDC
2012 San Diego
2012 Jerusalem
2011 San Diego
2010 San Diego
2009 Jerusalem
2009 Jerusalem
2009 Los Angeles
2009 San Diego
2008 New York
Faculty Seminar. Presenting my paper The Administrization of
Administrative Law.
University of San Diego School of Law Faculty Colloquium.
Presenting a Chapter from the book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (2013) (co-authored with Moshe
Cohen-Eliya).
Faculty Seminar Talk, presenting the paper, Indifference and
the Knobe Effect
Colloquium on Public and Criminal Law, presenting a paper on
Indifference and the Knobe Effect
Interdisciplinary Center, Herzliya. Faculty Seminar, presenting
a paper on Indifference and the Knobe Effect
University of San Diego, School of Law, Faculty Seminar,
presenting a paper on: Indifference and the Violation of Rights
Hebrew University Forum of Political Science. Presenting a
Paper on: Indifference and the Violation of Rights.
University of San Diego, School of Law, Faculty Seminar,
presenting a paper on The Use of Foreign Law in Israeli
Constitutional Decisions.
University of San Diego, School of Law, Faculty Seminar,
presenting a paper on The Double Effect of Rules and
Standards: On Graham, Minimalism and Judicial Control.
Hebrew University, Forum for Law and Philosophy, and Forum
for Public Law, guest speaker – presenting a paper on
Preferring One’s Own Civilians.
Hebrew University, Philosophy Department, Faculty Seminar –
presenting a paper on Preferring One’s Own Civilians.
University of California, Los Angeles, School of Law, Faculty
Seminar – presenting a paper on The Historical Origins of
Balancing and Proportionality.
University of San Diego, School of Law, Faculty Seminar –
presenting a paper on The Hidden Foreign Law Debate in
Heller.
New York Law School, Scholarship Luncheons – presenting a
paper on American Balancing versus European Proportionality.
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2007 Kingston
2006 New York
2006 Cambridge
2005 Paris
Queens University, School of Law, guest visiting lecturer, in
the Visiting Lecturer Series – presenting a paper on Why All
Attempts to Make Judicial Review Balancing Principled Fail.
http://law.queensu.ca/events/lectureshipsVisitorships.html
Cardozo Law School – presenting a paper on The History of
American Constitutional Balancing.
Cambridge University, Cambridge Forum for Legal and
Political Philosophy – presenting a paper on Second-Order
Reasoning: Raz, Frankfurt and Rawls.
Paris X University at Nanterre, Center for Jurisprudence,
Faculty Seminar – presenting a paper on Balancing in
Constitutional Law.
11. Public Lectures
2014 Tel Aviv
Open University – Public Lectures Series ("Ascolot") – giving a
lecture on "The Constitutional Revolution – Real or Imagined?"
12. Organization of Conferences or Sessions
2016
Co-Organizer (together with Tally Kritzman-Amir) of an
international researchers' workshop on Human Rights and NonHumans (forthcoming, CLB, January 2016)
2015
Co-organizer (together with Gila Stopler) of the Inaugura
Conference of the Israeli Branch of the International Society of
Public Law (ICON-S). An international conference under the
auspices of NY University School of Law. (CLB, May 2015)
2014
Co-organizer of an international researchers' workshop
(together with Dr. Moshe Cohen-Eliya) on Human Rights and
the Human Mind. (Participants include, Joshua Greene
(Harvard) Glenn Cohen (Harvard))
2012
Co-organizer (together with Dr. Eyal Katvan) of the Israeli
Association of Law and Society (ISLA) Annual conference 2012.
The conference included 150 speakers in more than 30 sessions,
including the Israeli Justice Minister, Israeli Supreme Court
Justices, and leading members of the Israeli and international
legal academia.
2011
Organizer of an open discussion between Israeli academics and
Prof. Alan Dershowitz, Harvard Law School, on Israeli on the
Campus, Challenges and Dilemmas Facing Israeli Academics
2010
Co-organizer (together with Dr. Gila Stopler) of an international
researchers' workshop on Rights and Reciprocity. Among the
participants were Prof. Thomas Shelby (Harvard), Prof. Stewart
White (Oxford), Prof. Stephan Macedo (Princeton),
2010
Co-organizer of an international researchers' workshop
(together with Dr. Moshe Cohen-Eliya) on Rights, Balancing
and Proportionality. Among the participants were Robert Alexy
(Kiel), Aharon Barak (Interdisciplinary Center, Herzliya),
Georg Nolte (Humboldt University, Berlin), Thomas Franck
(NYU) Alec Stone-Sweet (Yale), Mattias Kumm (NYU), and
Stephen Gardbaum (UCLA).
(http://www.clb.ac.il/workshops/2009/index.html)
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13. Scholarships and Awards
2008
Harvard-Stanford Forum for International Junior Faculty
Harvard: award for selected paper, covering travel expenses to
Stanford University.
2007
Israel-Canada, Faculty Research Program, Government of
Canada: grant covering the expenses of a research in the
university of Toronto, Canada, on Israeli balancing and
Canadian proportionality.
2002
Hebrew University Faculty of Law: Doctorate Fellows Grant, in
support of the completion of a doctorate dissertation.
14. Areas of Interest:
Constitutional Law; Comparative Constitutional Law and Global
Constitutionalism; Legal Theory and Philosophy of Law; Just War Theory; Law,
Cinema and Literature.
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