Dr. Iddo Porat
poratiddo@gmail.com
Office address: 26 Ben Gurion St., Ramat Gan, Israel
Home address: 3 Meron St. #1, Mevaseret Zion, 90805, Israel
Tel (office): +972-3-6000813
Tel (mobile): +972-50-6817368
Curriculum Vitae
1. Education
J.S.D. – Stanford University (Supervisor: Prof. Tom Grey,
2004
Dissertation Committee: Prof. Tom Grey, Prof. Barbara Fried, and
Prof. Cathleen Sullivan)
J.S.M. – Stanford University (Stanford Program for International
2001
Legal Studies - SPILS)
1998
LL.B. - The Hebrew University, Jerusalem, Joint Program of the Faculty of
Law and the Department of Philosophy (magna cum laude).
2. Student Positions, Activities and Honors
1999-2000
Editor, Stanford Journal of International Law (Member of the Article
Submissions Committee)
1999-2000
Member of the Stanford International Student Association. Organized
a lecture tour of Israeli Supreme Court Justice, Dalia Dorner, at
Stanford University
1999
Research Assistant to Prof. Lawrence Friedman (Stanford), and to Prof.
Morton Horwitz (Harvard – visiting at Stanford)
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1995-1997
Research Assistant to Prof. Ruth Gavison (Hebrew University);
Teaching Assistant in first year course on Jurisprudence
1995-1996
Dean’s List, Hebrew University School of Law.
3. Clerkships and Internships
Summer 2001
Summer Associate, Debevoise & Plimpton, LL.P, New York, New
York
1998-1999
Clerk, Honorable Justice Dalia Dorner, Supreme Court of Israel
4. Teaching Positions
2010-present
Senior Lecturer, College of Law and Business, Israel
2004 –2010
Lecturer, College of Law and Business, Israel
2010, 2011, 2012
Visiting Professor, San Diego University School of Law. Teaching an
intensive course on Global Constitutionalism
2014
Visiting Professor, San Diego University School of Law. Teaching an
intensive course on Legal and Constitutional Challenges in the
Middle East
2008-2009 Visiting Professor, San Diego University School of Law (Sabbatical Year)
2002-6, 2013-15
Adjunct Lecturer, Hebrew University Faculty of Law (ranked among
the top 10% lecturers for the year 2014 in terms of students' evaluations)
2005-2006 Adjunct Lecturer, Interdisciplinary Center, Herzliya
5. Academic Committees and Positions, College of Law and Business
2011-2012
Head of the Human Rights Program
2011-2013
Member, Appointment's Committee
2009-present
Member, Teaching Committee
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2005-7, 2009-present
2005-2008
Coordinator, Faculty Colloquium
Planning and Organizing the Program for Academic Legal Writing;
Writing the College Manual for Academic Legal Writing
6. Conference Organization
2015
Co-organizer (together with Gila Stopler) of the Inaugural 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 –
forthcoming)
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),
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Mattias Kumm (NYU), and Stephen Gardbaum (UCLA).
(http://www.clb.ac.il/workshops/2009/index.html)
7. Other Academic Positions and 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)
Reviewing articles for the following law reviews:
Journal of International Constitutional Law (I-CON); Ratio Juris ; Journal of Law and
Courts (Virginia Law School); Hebrew University Law Review (Mishpatim); Haifa
University Law Review (Mishpat Umimshal)
Reviewing book proposal
Cambridge University Press
8. Active Participation in Scholarly Conferences
2015 Harvard
Two-day conference on Proportionality at Harvard Law School,
devoted to three recent books on proportionality, one of whom would
be my book, PROPORTIONALITY AND CONSTITUTIONAL CULTURE
(2013) (co-authored with Moshe Cohen Eliya). Organized by Vicki
Jackson and Mark Tushnet. Among the participants would be Aharon
Barak, and Frank Michelman, Presenting an article on What is Wrong
with Proportionality? (with Moshe Cohen-Eliya) and responding to
comments on my book. (forthcoming, March 2015)
2014 Cambridge
Annual Applied Philosophy Conference. Presenting a paper on
Indifference and the Knobe Effect
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2014 Florence
International Society of Public Law (ICON-S) Inaugural Conference,
Panel on Proportionality and Global Constitutionalism (organizing
and participating, with Moshe Cohen-Eliya)
2014 Ramat Gan
Faculty seminar, CLB: Commenting on Avichay Dorfman's paper:
"Private Law Exceptionalism? The Case Against Bipolarity and
Formal Equality ".
2013, Jerusalem
Book event on my book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE (CUP 2013) (co-authored with Moshe Cohen-Eliya).
Replying to three commentators on the book: Prof. Kai Moller (LSE),
Prof. Mordechai Kremnitzer (Hebrew U), and Dr. Adam Shen'ar
(IDC). The Event will be published in the JERUSALEM JOURNAL OF
LEGAL STUDIES (Oxford University Press, 2014).
2013 Jerusalem
Book event (same day as the above) on Kai Moller's book, THE
GLOBAL MODEL OF CONSTITUTIONAL RIGHTS (OUP 2013).
Presenting the book and commenting on the book. Comment to be
published in JERUSALEM JOURNAL OF LEGAL STUDIES (Oxford
University Press, 2014).
2013, Ramat Gan
A conference on my book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE (CUP 2013) (co-author Moshe Cohen-Eliya). An exchange
with Prof. Aharon Barak, following the publication of his book:
PROPORTIONALITY: CONSTITUTIONAL RIGHTS AND THEIR
LIMITATIONS (2012, CUP).
2013 ILSA
A panel on my book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE (CUP 2013) (co-author Moshe Cohen-Eliya) at the annual
conference of the Israeli of Law and Society Association.
Commenting on the book were Prof. Margit Cohn (Hebrew U), Dr.
Benjamin Blum (Hebrew U), and Dr. Rivi Weil (IDC).
2013 Ramat Gan
Human Rights Program Colloquium, Presenting an article titled:
Intent, Impact and Indifference in the Israeli Supreme Court's antidiscrimination jurisprudence.
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2013 Vancouver
Canadian Association of Law and Society Conference: "Law on the
Edge". Presenting a paper titled The Use of Foreign Law in Israeli
Constitutional Adjudication
2013 Ramat Gan
Faculty Seminar, presenting and commenting on Chapter Five of
Alon Harel's book, titled: Why Constitutional Rights Matter: The
Case for Binding Constitutionalism
2013 Tel Aviv
Tel Aviv Law Review Symposium on "The Law of the Parliament",
Tel Aviv University Faculty of Law, presenting a paper on The
Administrization of Constitutional Law
2013 Vancouver
International Conference of the Canadian Law and Society
Association, Vancouver. Presenting a paper on "The Use of Foreign
Law in Israeli Constitutional Adjudication"
2013 Ramat Gan
Human Rights Program, presenting a paper on 60 Years of Balancing
2012 Jerusalem
International Conference on "Equality of Opportunity", Hebrew
University Department of Political Science. Presenting a paper on
Between Intentional Discrimination and Discriminatory Side Effects
2012 IDC
International Conference, "Democracy – a Telling Story" giving a
talk on Democracy and Justification
2011 Jerusalem
Conference on "20 Years to the Constitutional Revolution in Israel".
Presenting a paper on Abstract and Concrete Review in Israel
(forthcoming)
2011 Tel Aviv
Conference "Israeli Constitutional Law in the Making – Comparative
and Global Perspectives". Presenting a paper on The Use of Foreign
Law in Israeli Constitutional Decisions
2010 Sheffield
Sheffield University. International Conference on War and Self
Defense. Paper on harming civilians at war. Among the participants
were Prof. Francis Kamm, Prof. Jeff McMahan, and Prof. Noam
Zohar.
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2010 Jerusalem
Conference on Hebrew Law and Legal Theory. Presenting a talk on
Natural Law Theory and Hebrew Law.
2009 Ramat Gan
Conference on “Privatizing Prisons”; Conference on “HCJ Ruling on
Torture” – lecturer and panelist
2009 Los Angeles
Pepperdine University Southern California Junior Law Faculty
Workshop. Presenting a paper on Preferring One’s Own Civilians
2009 San Diego
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
participant in two other Law and Philosophy Workshops: The
Rationality of Rule Following (Sept) ,Robert Nozick and Lockean
Libertarianism (Apr)
2009 Tel Aviv
International Conference on Rights, Balancing and Proportionality –
Presenting an article The Hidden Foreign Law Debate in Heller:
Proportionality Approach in American Constitutional Law (with
Moshe Cohen-Eliya).
2008, Stanford
Harvard-Stanford International Junior Faculty Forum. An article titled
American Balancing and German Proportionality: The Historical
Origins (co-authored with Dr. Moshe Cohen-Eliya) was chosen after
a rigorous selection process (10 out of hundreds of proposals) and
presented and commented on in the inaugural meeting of the HarvardStanford International Junior Faculty Forum, which took place at
Stanford Law School on October 2008.
2008 Herzliya
Interdisciplinary Center. Conference on “60 Years of Israeli Law” –
lecture in the panel on Israeli public law.
2008 Kiryat Ono
International conference on “Freedom of Expression and Corporate
Governance”, commentator and session chairperson.
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2008 Florence
European University Institute. International conference on
“Reasonableness in Law”– commentator in the panel on
Reasonableness and Constitutional Law.
2006 Athens
World Congress of the International Association of Constitutional
Law – presenting a paper in the panel on Proportionality and
Balancing in Constitutional law.
2006 Jerusalem
The second conference of the Israeli Association of Law and History
– lecture on the history of the doctrine of balancing in Israeli Law.
2006 Ramat Gan
International Conference: Multiculturalism and the
Antidiscrimination Principle – presenting a paper on The Jehovah’s
Witnesses Cases, and Multiculturalism
9. Colloquia, Seminar Talks, and Guest Speaker Talks
San Diego 2014
University of San Diego School of Law Faculty Colloquium.
Presenting a Chapter from the book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (2013) (co-authored with Moshe CohenEliya).
London 2014
London School of Economics, Legal and Political Theory Forum,
panel on my book, PROPORTIONALITY AND CONSTITUTIONAL
CULTURE (2013) (co-authored with Moshe Cohen-Eliya). and two
other books.
Ramat Gan 2013
Conference with Aharon Barak, and Moshe Cohen-Eliya on the two
books, Moshe Cohen-Eliya and Iddo Porat, Proportionality and
Constitutional Culture (2013); Aharon Barak, Proportionality;
Constitutional Rights and their Limitations (2012)
Ramat Gan 2013
Faculty Seminar Talk, presenting the paper, Indifference and the
Knobe Effect
Bar Ilan 2012
Colloquium on Public and Criminal Law, presenting a paper on
Indifference and the Knobe Effect
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Herzliya 2012
Interdisciplinary Center, Herzliya. Faculty Seminar, presenting a
paper on Indifference and the Knobe Effect
San Diego 2012
University of San Diego, School of Law, Faculty Seminar, presenting
a paper on: Indifference and the Violation of Rights
Jerusalem 2012
Hebrew University Forum of Political Science. Presenting a Paper on:
Indifference and the Violation of Rights.
San Diego 2011
University of San Diego, School of Law, Faculty Seminar, presenting
a paper on The Use of Foreign Law in Israeli Constitutional
Decisions.
San Diego 2010
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.
Jerusalem 2009
Hebrew University, Forum for Law and Philosophy, and Forum for
Public Law, guest speaker – presenting a paper on Preferring One’s
Own Civilians.
Jerusalem 2009
Hebrew University, Philosophy Department, Faculty Seminar –
presenting a paper on Preferring One’s Own Civilians.
Los Angeles 2009
University of California, Los Angeles, School of Law, Faculty
Seminar – presenting a paper on The Historical Origins of Balancing
and Proportionality.
San Diego 2009
University of San Diego, School of Law, Faculty Seminar –
presenting a paper on The Hidden Foreign Law Debate in Heller.
New York 2008
New York Law School, Scholarship Luncheons – presenting a paper
on American Balancing versus European Proportionality.
Kingston 2007
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
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New York 2006
Cardozo Law School – presenting a paper on The History of
American Constitutional Balancing.
Cambridge UK, 2006
Cambridge University, Cambridge Forum for Legal and Political
Philosophy – presenting a paper on Second-Order Reasoning: Raz,
Frankfurt and Rawls.
Paris 2005
Paris X University at Nanterre, Center for Jurisprudence, Faculty
Seminar – presenting a paper on Balancing in Constitutional Law.
10. Public Lectures
Tel Aviv 2014
Open University – Public Lectures Series ("Ascolot") – giving a
lecture on "The Constitutional Revolution – Real or Imagined?"
11. 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.
12. 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
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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)
13. Publications
Books
1.
PROPORTIONALITY AND CONSTITUTIONAL CULTURE (CAMBRIDGE
UNIVERSITY PRESS, 2013) (co-authored with Moshe Cohen-Eliya). (The JERUSALEM
REVIEW OF LEGAL STUDIES has devoted a conference and a symposium issue to the book
(forthcoming); it was at the center of several panels and colloquia, including a colloquium
at LSE (London School of Economics) and a panel at the Israeli Association of Law and
Society Annual Conference. It will be one of three books to which an upcoming
symposium on Proportionality at Harvard Law School (March 2015) will be devoted. The
book was reviewed favorably in a book review published at 51 Common Market Law
Review 1305 (2014)).
Articles
2. Preferring One’s Own Civilians: May Soldiers Endanger Enemy Civilians More Than
They Would Endanger Their State’s Civilians? (with Z. Bohrer), forthcoming in 47
GEORGE WASHINGTON INTERNATIONAL LAW REVIEW (2014)
3. Three Principles of Group Rights: When are Group Rights Petitions Accepted in
Israel? forthcoming in BAR ILAN LAW REVIEW (symposium issue on "Communities")
(2014) (Hebrew)
4. Autonomy and Intent, forthcoming in JERUSALEM REVIEW OF LEGAL STUDIES (OUP)
(2014) (review article, 17 pages)
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5. Reply to Commentators on "Moshe Cohen-Eliya and Iddo Porat, Proportionality and
Constitutional Culture (CUP, 2013)" (with M. Cohen-Eliya) forthcoming in
JERUSALEM JOURNAL OF LEGAL STUDIES (OUP) (2014)
6. The Administrization of Constitutional Law, forthcoming in TEL AVIV LAW REVIEW
(2014) (Hebrew)
7. The Knobe Effect, Indifference, and Constitutional Law (with M. Cohen-Eliya)
forthcoming in 9 LAW AND ETHICS OF HUMAN RIGHTS (2014)
8. Proportionality and Justification, (with M. Cohen-Eliya) 64 TORONTO L. J. 458
(2014) (review article 20 pages).
9. Indifference and Discrimination, 44 ISRAEL YEARBOOK ON HUMAN RIGHTS (2014)
10. 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)
11. Proportionality and the Culture of Justification, 59 AMERICAN JOURNAL OF
COMPARATIVE LAW 463 (2011) (with M. Cohen-Eliya). A Chinese translation of this
article has been published in NANJING UNIVERSITY L. REV. (2012)
12. American balancing and German Proportionality: The Historical Origins, 8(2)
I.CON – INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 263 (2010) (coauthored 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)
13. The Plural Applications of Value Pluralism 46 SAN DIEGO LAW REVIEW 909 (2010)
14. The Hidden Foreign Law Debate in Heller: Proportionality Approach in American
Constitutional Law, 46 SAN DIEGO LAW REVIEW 367 (2009) (co-authored with
Moshe Cohen-Eliya)
15. Sixty Years of Balancing: on the Transformation from Instrumental to Substantive
Balancing in Israeli Law, 10 LAW AND BUSINESS 347 (2010) (in Hebrew)
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16. 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).
17. The Dual Model of Balancing: A Model for the Proper Scope of Balancing in
Constitutional Law, 27 CARDOZO LAW REVIEW 1393 (2006).
18. Who is Afraid of Channel 7? (with Issi Rosen-Zvi) 38 STANFORD JOURNAL OF
INTERNATIONAL LAW 79(2002)
Chapters in Books
19.
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).
20. 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)
21. Some Critical Thoughts on Proportionality in Giorgio Bongiovanni, Giovanni Sartor
and Chiara Valentini (eds.), Reasonableness and the Law, 251 (2009)
22. 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)
Book Reviews
23.
Lost in Translation: Constitutional Concepts Between Europe and America
forthcoming in INTERNATIONAL JOURNAL OF LAW IN CONTEXT (article review on Jacco
Bomhoff, Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal
Discourse (CUP) (2013)) (2014)
Editing
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24.
Co-edited Volume 6 oF LAW AND ETHICS OF HUMAN RIGHTS (with Moshe
Cohen-Eliya): Rights, Balancing and Proportionality (Berkeley Electronic Press, 2010)
(two separate issues of the volume)
14. Op-Eds and Non Academic Publications
Haaretz – "A Ride in the Bus of Fools" (on cultural clashes in the
2010
Israeli society through the lens of public transportation)
Haaretz – "The Rabin Game" (on teaching pre-school children on the
2010
Rabin Assassination)
15. Areas of Interest:
Constitutional Law; Comparative Constitutional Law and Global Constitutionalism;
Legal Theory and Philosophy of Law; Terrorism and Just War Theory; Law, Cinema and
Literature.
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