New Article: Levy, Dialectics of Legal Gambling in Israel

Levy, Moshe. “Rationalization and the Re-Enchantment of Play: the Dialectics of Legal Gambling in Israel.” Human Affairs 25.3 (2015): 317-26.

 

URL: http://dx.doi.org/10.1515/humaff-2015-0026

 

Abstract

Romantic notions and critical theories of play describe an assault by rationalization processes on the free and spontaneous nature of play. Other theories seek to describe the dialectical nature between rationalization and freedom, between routine, and magic, and between planning and spontaneity. This article seeks to focus on the rationalization processes of play and to examine whether and in what dimensions, these processes shape the characteristics of play and hamper its spontaneity and freedom. Examination of these processes, performed by socio-historical analysis of legal gambling in Israel, shows that rationalization processes were active on both the practical and technological levels, and on the discursive level of the games of chance. Nevertheless, the characteristics of freedom, joy and spontaneity appeared only on the discursive level of the game and were designed to deliberately serve the economic interests of the various agents in the Israeli gambling field.

 

 

New Article: Rosen & Peled-Raz, Tobacco Policy in Israel: 1948–2014

Rosen, Laura J., and Maya Peled-Raz. “Tobacco Policy in Israel: 1948–2014 and Beyond.” Israel Journal of Health Policy Research (early view; online first).

 
URL: http://dx.doi.org/10.1186/s13584-015-0007-x

 

Abstract

Background
Tobacco is the only consumer product known to kill half of its users, and is a significant cause of death and disability to exposed nonsmokers. This presents a unique conundrum for modern democracies, which emphasize personal liberty, yet are obligated to protect citizens.

In Israel, the death toll in 2014 from smoking is expected to reach 8000 deaths; nearly a fifth of the population smokes, and over two-thirds of the population are exposed to tobacco smoke.

Aim
This paper provides an overview of tobacco policy in Israel since the inception of the State, presents the development of the National Tobacco Control Plan, and recommends future actions.

Methods
Sources for this article included the Knesset (Israeli Parliament) and Ministry of Health websites, Health Minister Reports to the Knesset on Smoking, and the scientific literature.

Results
Israel has an impressive record on tobacco control policy, beginning with taxation in 1952, landmark smoke-free air and marketing legislation in the early 1980’s, tax increases and expansions of smoke-free air and marketing legislation in the ensuing years, and the addition of subsidized smoking cessation technologies in 2010. Until 2011, actions were taken by various organizations without formal coordination; since the passage of the National Tobacco Control Plan in 2011, the Ministry of Health has held responsibility for coordinating tobacco control, with an action plan.

The plan has been partially implemented. Smoke-free air laws were expanded, but enforcement is poor. Passage of critical marketing and advertising restrictions is stalled. Requested funds for tobacco control did not materialize.

Recommendations
In order to prevent hundreds of thousands of preventable premature deaths in the coming decades, Israel should considerably strengthen tobacco control policies to include: guaranteed funding for tobacco control; strong curbs on advertising, promotion and sponsorship of tobacco and smoking products; public education; law enforcement; protection of children from exposure to tobacco; regulation of electronic cigarettes and other alternative harm-reducing products; tobacco control research; and systematic monitoring of, and periodic updates to, the National Tobacco Control Plan. Israel should also begin discussions of Endgame scenarios, and consider abolition of tobacco, as it continues its progress towards making smoking history.

 
 
 
 

New Article: Petty, The Concept of ‘Religion’ in the Supreme Court of Israel

Petty, Aaron R. “The Concept of ‘Religion’ in the Supreme Court of Israel.” Yale Journal of Law & the Humanities 26.2 (2015): 211-68.

 
URL: http://digitalcommons.law.yale.edu/yjlh/vol26/iss2/2
 
Extract

In this Article, I suggest that “religion,” both as it is commonly understood, and as it is understood and applied by courts as a legal term of art, refers chiefly to belief. This understanding of “religion” is incorrectly, if tacitly, assumed to be both neutral and broadly applicable. Building on previous work focusing on British courts, I now turn to investigating how Israeli courts understand the concept of religion. And, as before, I focus on cases addressing the question “who is a Jew?” as a window into how courts understand religion and membership in a religion more generally.
[…]
To set the legal issues in context, in Part II, I briefly trace the emergence of the State of Israel. Part II.A discusses the early Zionist movement with particular attention to the philosophy of Theodor Herzl. Part II.B traces the early legal foundations of the State of Israel from the Balfour Declaration through the Proclamation of the State. Part III concerns the legal system created by the State. Part III.A introduces the legal structure of the state of Israel. Part III.B details the function and authority of the courts within that structure. Part III.C addresses the legal status of religion in the state, and Part III.D looks at the Law of Return, a unique feature of Israeli law applicable only to Jews (and certain relations). Part IV concerns the substantive debate on “Who is a Jew” under Israeli civil law. Part IV.A discusses in detail three seminal cases addressing the legal relationship between Judaism and the State-Rufeisen (also known as Brother Daniel), Shalit, and Beresford-along with significant legislation passed in the wake of Shalit. Part IV.B attempts to reconcile these decisions and tease out the factors that the Israeli Supreme Court has considered significant and the assumptions that it has made in adjudicating issues of religious identity.
Part V turns to the historical validity and neutrality of the understanding of “religion” applied by the Israeli Supreme Court. Part V.A offers an overview of the Christian origins of the modern concept of “religion” as primarily a matter of belief. Part V.B reflects on how the Jewish state, through its secularist Supreme Court, could have come to a Christian understanding of religion. Finally, Part VI takes a step back to place the findings in the wider debate on secularization. Part VI.A provides the necessary background on this secularization paradigm, and Part VI.B suggests that these cases may point to a useful refinement. Part VII offers a brief conclusion.

 

 

Conference: Reinventing Israel. Transformations of Israeli Society in the 21st Century (American U, Washington, Oct 28-29, 2015)

reinventing

For full program [PDF], click here.

Please Join The Center for Israel Studies and Jewish Studies Program next week for our Reinventing Israel conference!
FREE WITH 
RSVP (by session).


Featured presentations include
:
“From BG to Bibi: The End of an Era in Israel-Diaspora Relations?” by David Ellenson
 
Wednesday, October 28, 7:30 PM
 
Keynote address to kick off “Reinventing Israel: Transformations of Israeli Society in the 21st Century” conference.  Ellenson is director of the Schusterman Center for Israel Studies, Brandeis University and Chancellor Emeritus of Hebrew Union College-Jewish Institute of Religion.

Location: SIS Building Abramson Family Founders Room.  (Free parking in SIS Building garage)   

“Reinventing Israel: Transformations of Israeli Society in the 21st Century” conference featuring international scholars and AU faculty
 
Thursday, October 29, all-day 

Sessions featuring History and Memory, Economy and Hi-Tech, Politics and Law, Religion and Ethnicity.  

Location: Butler Board Room (Floor 6 of Butler Pavilion).
Pre-paid parking by kiosk (on level P-1 by elevator – note parking space number) in Katzen Arts Center or SIS Building Garage (free after 5:00 PM).   

Imagining Israel in 2035 – Different Visions
 
Thursday, October 29 7:30 PM  
 
With Fania Oz-Salzberger (University of Haifa) Mohammed Wattad (Zefat College, UC Irvine) James Loeffler (University of Virginia) Moderator: Michael Brenner (AU). 

Location: Butler Board Room.  Free parking after 5:00 PM in all university parking garages.   

Conference Paper: Kagan, Judicial Resistance to Detention of Asylum-Seekers in Israel and the United States

Kagan, Michael. “Limiting Deterrence: Judicial Resistance to Detention of Asylum-Seekers in Israel and the United States.” Texas International Law Journal Symposium: Immigration and Freedom of Movement, February 5, 2015.

 

URL: http://scholars.law.unlv.edu/facpub/936  For symposium program, click here.

 

Abstract

Governments have advanced the argument that asylum­-seekers may be detained in order to deter other would-­be asylum­-seekers from coming. But in recent litigation in the United States and Israel, this justification for mass detention met with significant resistance from courts. This essay looks at the way the American and Israeli courts dealt with the proposed deterrence rationale for asylum­-seeker detention. It suggests that general deterrence raises three sequential questions:

1. Is deterrence ever legitimate as a stand alone justification for depriving people of liberty?
2. If deterrence is sometimes legitimate, is it valid as a general matter in migration control, or is it limited to certain exceptional circumstances?
3. If deterrence is a legitimate goal, is there any effective proportionality limit on the measures a government may take against asylum-­seekers?

The American and Israeli courts did not answer these questions in the same way, and they did not foreclose all potential future uses of deterrence by their respective governments. But they signaled considerable judicial resistance, which may make it more difficult for governments to justify mass detention in the future.

 

 

New Article: Peled-Laskov & Shoham, A Three-Dimensional Perspective on Wrongful Convictions in Israel

Peled-Laskov, Ronit, and Efrat Shoham. “A Three-Dimensional Perspective on Wrongful Convictions in Israel: Organizational-Forensic, Psychosocial and Practical.” International Journal of Criminology and Sociology 4 (2015): 154-65.

 

URL: http://dx.doi.org/10.6000/1929-4409.2015.04.16

 

Abstract
It is difficult to find an injustice committed against the citizen by the state that is greater than the conviction of an innocent person. At this stage, it may be tentatively stated that the phenomenon is not insignificant. This theoretical article describes the various aspects of the criminal justice system associated with the undesirable outcome of wrongful convictions. The paper reviews a series of organizational and forensic aspects that could bring about a bias in investigation of the legal truth. Furthermore, a number of psychosocial aspects relating to wrongful convictions, followed by practical aspects are described and discussed. It appears that on the practical level the phenomenon cries out for changes in the law enforcement system (e.g. implementation of the US Innocence Project or the biometric databank) and the need for empirical investigation. It appears that there is still a long way to go before a full understanding can be obtained of wrongful convictions and their prevention. One way or another, the authors are of the opinion that greater academic and public importance should be assigned to the question of wrongful convictions and perhaps turn the issue of truth and falsehood in criminal law into a theoretical and research field in its own right.

 

 

New Article: Einat et al, Abuse of Israeli and Palestinian Prisoners’ Human and Medical Rights

Einat, Tomer, Ofer Parchev, Anat Litvin, Niv Michaeli, and Gila Zelikovitz. “Who Knows Who Cares for Me. C’est La Vie: Abuse of Israeli and Palestinian Prisoners’ Human and Medical Rights—A Foucaultian Perspective.” Prison Journal (early view; online first).

 

URL: http://dx.doi.org/10.1177/0032885515596524

 

Abstract

One fundamental measure of a liberal democracy concerns its guarantee of civil and health liberties to prisoners. The study examines the Israeli legislation regarding prisoners’ human rights and access to health services, and analyzes the reasons for the gap between the regulations and their de facto implementation. The main findings include the following: (a) A significant gap exists between the Israeli Prison Service formal regulations for prisoners’ civil and health rights and their actual implementation, and (b) the Israeli Prison Service and the Israeli legislation lack a pragmatic instrument aimed at the protection and preservation of Israeli inmates’ fundamental human rights.

New Article: Shvartzman et al, Advance Directives—The Israeli Experience

Shvartzman, Pesach, Yonatan Reuven, Mordechai Halperin, and Sasson Menahem. “Advance Directives—The Israeli Experience.” Journal of Pain and Symptom Management 49.6 (2015): 1097-1101.

 

URL: http://dx.doi.org/10.1016/j.jpainsymman.2014.12.009

 

Abstract

Context

A major step in end-of-life care was achieved in December 2005 when the Israeli parliament passed the “Dying Patient Law.” The law (§31–§36) allows a competent person, even if he/she is healthy, to leave written instructions known as advance medical directives (AD), in which they explain their wishes in detail with respect to future medical treatment should it be determined that they are an incompetent terminally ill patient, as defined by the provisions of that law.

Objectives

The aims were to characterize the group of individuals that completes ADs, characterize the content of recorded ADs, and analyze trends associated with them.

Methods

We performed a cross-sectional study of the entire population that signed ADs in Israel from 2007 to September 2010. All computerized AD forms were retrieved from the Ministry of Health’s database. A descriptive analysis of trends, characteristics, and authorized procedures relating to the population of AD signatories was done.

Results

There was an increase in the number of ADs signed during the study period (1167 signatories). About 90% of the AD signatories were 65 years of age or older and 95% were healthy at the time they completed the AD. In an end-stage condition, the mean number of procedures declined was 16.6 ± 4.7 of 19. In a non-end-stage condition, the corresponding mean number was 12.7 ± 3.7 of 15.

Conclusion

There is a need to increase awareness in the general population of the option to prepare ADs. Family physicians, oncologists, and geriatricians should be more involved in this process.

New Articles: Book Symposium on Dotan’s Lawyering for the Rule of Law

Jerusalem Review of Legal Studies, volume 11; special section: Book Symposium on Yoav Dotan’s Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel

 

Table of Contents

An Introduction to Lawyering for the Rule of Law
Malcolm M. Feeley
pp. 1-5

Reflections on Cause Lawyering, Courts, and Social Change: A Comment on Lawyering for the Rule of Law
Anna-Maria Marshall
pp. 6-14

The Key Role of Government Lawyers: Discussion of Lawyering for the Rule of Law Charles R. Epp
pp. 15-19

Can Government Lawyers Save Us? A Comment on Lawyering for the Rule of Law

Gad Barzilai
pp. 20-25

Administrative Litigation and the Rule of Law in Israel and the United States: A Comment on Lawyering for the Rule of Law
Edward L. Rubin
pp. 26-41

Lawyering for ‘The Rule of Law’ or ‘Lawyering for the Court’?—A Response to Barzilai, Epp, Rubin, and Marshall
Yoav Dotan
pp. 42-50

 

 

New Article: Hacker, The Rights of the Dead through the Prism of Israeli Succession Disputes

Hacker, Daphna. “The Rights of the Dead through the Prism of Israeli Succession Disputes.” International Journal of Law in Context 11.1 (2015): 40-58.

URL: http://dx.doi.org/10.1017/S1744552314000354

Abstract

This paper aims at contributing to the evolving debate over the rights of the dead by providing it with concrete empirical socio-legal context. A pioneering study of succession disputes, conducted in Israel, exposes a gap between a prominent judicial promise to respect the wishes and guard the dignity of the deceased testator, and the actual action taking place behind this rhetoric. The findings reveal that the testator’s dignity and wishes are trampled during testamentary procedures, when demeaning allegations about his or her mental and physical competence are allowed, and personal and medical information is exposed, and when the judge approves settlements that diverge from the testator’s last will in the name of familial reconciliation, even though in most cases there are no nuclear family ties between the rival parties. These findings are discussed in the light of an original typology mapping the theoretical controversies over posthumous rights, to highlight some of the possible normative implications of the project for the law on the books and law in action related to property division after death.

New Article: Asman, Stalking and the Law

Asman, O. “Stalking and the Law – An Israeli Legal System Based Analysis.” European Psychiatry 30, Sup.1 (2015): 160ff.

 

URL: http://dx.doi.org/10.1016/S0924-9338(15)30131-0

 

Abstract

Stalking may be defined as obsessive following (1) forcibly and continuously invading another’s privacy (2)(3); behaviors which: are directed at a particular person; are felt by the object person to be unwanted and invasive; arouse fear and/or concern in the object person. (4)

Mester, Birger and Margolin(5) referred to 3 types of interventions in response to stalking: police intervention, legal intervention and medical intervention. They also refer to possible mixed types of intervention strategies.

In this presentation we will relate to legal aspects of stalking, taking into account social, clinical and policy related considerations. A focus will be made on the 2001 Israeli law for preventing threatening harassment, and the main tools it provides a subject with: turning to court for an injunction, complaining to the police in case an injunction has been violated. Other legal tools will also be discussed – such as damages claims related to privacy infringements, libel etc.

In summary we will inquire whether these legal tools are effective in putting an end to disruptive stalking behaviors and to what extent should those legal possibilities play a part in an anti-stalking action plan for a stalking victim.

New Article: Rosca et al, The Recent Legal Approach to New Psycho-Active Substances Regulation in Israel

Rosca, Paula, Arie Bauer, Razek Khawaled, Ety Kahana, and Keren Goldman. “The Recent Legal Approach to New Psycho-Active Substances Regulation in Israel: Does it Work?” Civil & Legal Sciences 4.2 (2015).

 
URL: http://dx.doi.org/10.4172/2169-0170.1000140

 
Abstract

Background: New Psychoactive Substances (NPS), rapidly spreading on the global drug market have become a major concern in different Countries. The drug control systems did not allow a prompt and effective response to this phenomenon, due to the slow and complicated procedures to declare a substance dangerous and illegal. Aims: To briefly describe to legal background of drug control in Israel and illustrate the characteristics of the novel legislation. Method: The Authors summarize the legal approach to NPS control in Europe and in New Zealand, the first Country to opt for a pre-market approval regime for NPS, describing the legal alternative sad opted and describe the Israeli Law for the Fight against the Phenomenon of the Use of Dangerous Substances. Findings: The new legislation succeeded to close kiosks and retailers, marketing NPS to youth and young adults in the Country. The law is unique in that it includes both an urgent temporary declaration, whose violation is penal, banning a substance as dangerous with its inclusion after 12 months into the First Schedule of the Dangerous Drugs Ordinance, and the empowerment of the police forces to search, seize and destroy the dangerous substance, constituting an administrative procedure. The law is enforced using a novel, integrated model of enforcement, providing the cooperation of different control agencies, and avoiding to criminalize the consumers. Conclusions: The effectiveness of this legislation, although promising short-term results have been registered, has still to be ascertained and more time is needed in order to perform a scientific evaluation of its results but meanwhile its impact is already noticed in the Court decisions, which make a difference between NPS and other drugs such as Cannabis in the severity of the penalties.

 

 

New Article: Doron et al, An American Friend in an Israeli Court

Doron, Israel (Issi), Manal Totry-Jubran, Guy Enosh, and Tal Regev. “An American Friend in an Israeli Court: An Empirical Perspective.” Israel Law Review 48.2 (2015): 145-64.

 

URL: http://dx.doi.org/10.1017/S0021223715000047

 

Abstract
The legal concept of ‘amicus curiae’ (friend of the court) was unknown in Israeli law until 1999 when, in the course of a well-known legal decision (the Kuzli case), the Israeli Supreme Court adopted this common law concept as part of Israeli law. Almost fifteen years have elapsed since the legal precedent set in Kuzli, during which time the criteria for participation as an amicus curiae have been established.

The aim of this study was to empirically explore and analyse the ways in which the procedural institution of amicus curiae has been used and adopted under Israeli law, and the extent to which it has influenced judicial decisions. The study has used empirical methods, including the collection of quantitative data from computerised databases in Israel concerning cases in which an application to be recognised as an amicus curiae was made.

The main findings indicate that, over the last decade, the number of applications for recognition as an amicus curiae has grown steadily. Most of these applications were made by non-governmental organisations in attempting to support private individuals engaged in legal proceedings against the state or for-profit corporations. The findings reveal that the courts have approved most of these applications.
.

 

 

 

New Article: Shamir, Persistence of Legal Culture: The Case of Immigrants from FSU

Shamir, Julia. “While in Rome, Do as Romans Do? Persistence of Legal Culture: The Case of Immigrants from the Former Soviet Union to Israel.” In Studies in Law, Politics, and Society, vol 66 (ed. Austin Sarat; Bingley: Emerald, 2015), 115-77.

 

URL: http://dx.doi.org/10.1108/S1059-433720150000066005

 

Abstract

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.

 
 
 
 

New Book: Jockusch & Finder, eds. Jewish Honor Courts

Jockusch, Laura, and Gabriel N. Finder, eds. Jewish Honor Courts. Revenge, Retribution, and Reconciliation in Europe and Israel after the Holocaust. Detroit: Wayne State University Press, 2015.

 

jewish-honor-courts

 

In the aftermath of World War II, virtually all European countries struggled with the dilemma of citizens who had collaborated with Nazi occupiers. Jewish communities in particular faced the difficult task of confronting collaborators among their own ranks—those who had served on Jewish councils, worked as ghetto police, or acted as informants. European Jews established their own tribunals—honor courts—for dealing with these crimes, while Israel held dozens of court cases against alleged collaborators under a law passed two years after its founding. In Jewish Honor Courts: Revenge, Retribution, and Reconciliation in Europe and Israel after the Holocaust, editors Laura Jockusch and Gabriel N. Finder bring together scholars of Jewish social, cultural, political, and legal history to examine this little-studied and fascinating postwar chapter of Jewish history.

The volume begins by presenting the rationale for punishing wartime collaborators and purging them from Jewish society. Contributors go on to examine specific honor court cases in Allied-occupied Germany and Austria, Poland, the Netherlands, and France. One essay also considers the absence of an honor court in Belgium. Additional chapters detail the process by which collaborators were accused and brought to trial, the treatment of women in honor courts, and the unique political and social place of honor courts in the nascent state of Israel. Taken as a whole, the essays in Jewish Honor Courts illustrate the great caution and integrity brought to the agonizing task of identifying and punishing collaborators, a process that helped survivors to reclaim their agency, reassert their dignity, and work through their traumatic experiences.

For many years, the honor courts have been viewed as a taboo subject, leaving their hundreds of cases unstudied. Jewish Honor Courts uncovers this forgotten chapter of Jewish history and shows it to be an integral part of postwar Jewish rebuilding. Scholars of Jewish, European, and Israeli history as well as readers interested in issues of legal and social justice will be grateful for this detailed volume.

Table of Contents

Introduction: Revenge, Retribution, and Reconciliation in the Postwar Jewish World / Laura Jockusch and Gabriel N. Finder — Why Punish Collaborators? / David Engel — Rehabilitating the Past? Jewish Honor Courts in Allied-Occupied Germany / Laura Jockusch — Judenrat on Trial: Postwar Polish Jewry Sits in Judgment of its Wartime Leadership / Gabriel N. Finder — An Unresolved Controversy: The Jewish Honor Court in the Netherlands, 1946-1950 / Ido De Haan — Jurys d’honneur: The Stakes and Limits of Purges Among Jews in France After Liberation / Simon Perego — Viennese Jewish Functionaries on Trial: Accusations, Defense Strategies, and Hidden Agendas / Helga Embacher — “The Lesser Evil” of Jewish Collaboration? The Absence of a Jewish Honor Court in Postwar Belgium / Veerle Vanden Daelen and Nico Wouters — Jews Accusing Jews: Denunciations of Alleged Collaborations in Jewish Honor Courts / Katarzyna Person — “I’m Going to the Oven Because I wouldn’t Give Myself to Him”: The Role of Gender in the Polish Jewish Civic Court / Ewa Kozminska-Frejlak — Revenge and Reconciliation: Early Israeli Literature and the Dilemma of Jewish Collaborations with the Nazis / Gali Drucker Bar-Am — Changing Legal Perceptions of “Nazi Collaborators” in Israel, 1950-1972 / Dan Porat — The Gray Zone of Collaboration and the Israeli Courtroom / Rivka Brot.

Laura Jockusch is Martin Buber Society Fellow in Jewish History at the Hebrew University of Jerusalem. She is the author of Collect and Record! Jewish Holocaust Documentation in Early Postwar Europe. She teaches in the International M.A. Program in Holocaust Studies at the University of Haifa.

Gabriel N. Finder is Ida and Nathan Kolodiz Director of Jewish Studies and an associate professor in the Department of Germanic Literatures and Languages at the University of Virginia. He is coeditor of Making Holocaust Memory.

New Book: Green, Organ Transplantation (in Hebrew)

Green, Yossi. Organ Transplantation. Legislation, Ruling and Practice. Tel Aviv: Resing, 2015 (in Hebrew).

 

organtransplant

 

 

After three decades of discussions and disputes in the Knesset and the general public, two laws passed in 2008: the organ transplantation law (2008), and the respiratory brain death law (2008). Both of these laws are supposed to regulate the procedures for organ transplantation, to overcome the ongoing shortage of organs for transplantation and at the same time prevent the development of negative phenomena which are contrary to the values ​​of the State of Israel.

This book focuses on the legal aspect of organ transplant procedure in Israel. It serves as an annotated and clear summary of the legal approach, relevant not only to jurists and lawyers, but also to an audience of “consumers” – i.e. organ donors and their families and patients awaiting transplant surgery and their families. The author analyzes the law and its provisions by each section to allow anyone interested to become familiar with the intricacies of its implications. In addition, each section is supplemented with cumulative legal knowledge, as well as remarks and reservations concerning the feasibility of the law in the future. Moreover, alongside a practical analysis, the author presents a broad picture of the substantive issues, allowing the reader to examine all the considerations taken into account before the legislator formulated the final version of the law.

The subjects discussed in the book include: the prohibition on organ trade, the feasibility of altruistic organ donation, the status of the National Transplant Center and its functions, the power of the assessment committees responsible for the permit of organ donation, the procedures for taking organs from the living and the dead, including the legal validity of that Adi cards and the “in my heart” cards. The priority procedure for patients awaiting a transplant is also examined from a critical standpoint.

New Article and Response: Elsana and Hwang, Application of the Customary Land Rights Model on the Arab-Bedouin Case in Israel

Elsana, Morad. “The Recognition of Indigenous Peoples’ Land: Application of the Customary Land Rights Model on the Arab-Bedouin Case in Israel.” Georgetown Journal of Law & Modern Critical Race Perspectives 7.1 (2015): 45-67.

Hwang, Julie H. “Reaction to: The Recognition of Indigenous Peoples’ Land: Application of the Customary Land Rights Model on the Arab-Bedouin Case in Israel.” Georgetown Journal of Law & Modern Critical Race Perspectives 7.1 (2015): 69-70.

 

URL: https://articleworks.cadmus.com/geolaw/mcr00116.html

 

Excerpt

Based on the Australian experience, this paper introduced the idea of recognizing Bedouin land rights based on the recognition of their customary law. To illustrate this idea, this paper introduced the recognition of Aboriginal land in Australia and then applied the Australian model on the Bedouin case in Israeli. The recognition of Aboriginal land rights in Australia relies mainly on the existence of three elements. The first is the existence of a system of law, such as Aboriginal customary law; the second is the existence of a connection to land, which means the existence of a traditional land rights system; the third element is the existence of a legal recognition option for these elements in the state legal system. One such option is the native title doctrine in Australia. This last element is a bridge that connects the indigenous peoples’ customary law with the state law and enables the state to recognize indigenous peoples’ customary law and their rights under their customary system.

The second part of this paper addressed Bedouin land recognition. This part applied the Australian model of land recognition on the Bedouin case. It mainly showed the existence of the three elements for recognition in the Bedouin land case in Israel. First, it demonstrated the existence of the Bedouin traditional system of law; second, the existence of Bedouin connection to the land; and then it introduced the third element, which is the recognition option or the “bridge” that demonstrates how the Israeli legal system includes two options that could work as a connection to Bedouin customary law. The first bridge option is through Tribal Courts Regulations and the second is the principle of custom as a source of law.

In conclusion, similar to Australia and other countries that have recognized indigenous land rights, the legal system in Israel includes sufficient legal elements that can lead to the recognition of Bedouin traditional law that would bring recognition of their traditional land rights.

Excerpt from Hwang’s response: Perhaps judicial resolution is not the most promising course of action in asserting land rights for the Bedouins. Sarah Matari suggests that the power imbalance and historical mistreatment of Arab Bedouins in Israel make a courtroom battle a highly unsuccessful option for the Bedouins.9 Instead, she suggests a series of mediation as a possible way for the Negev Bedouins to discuss with the Israeli government to negotiate their rights to the land. 1O Although there is serious doubt as to the efficacy of any mediation due to the historical hostility between the Negev Bedouins and Israelis, I think mediation may be a more hopeful option for the Bedouins because the native title doctrine approach has its limitation when applied to the Negev Bedouins in Israel.

 

New Article: McGonigle & Herman, DNA Testing and the Israeli Law of Return

McGonigle, Ian V., and Lauren W. Herman. “Genetic Citizenship: DNA Testing and the Israeli Law of Return.” Journal of Law and the Biosciences (early view; online first).

 

URL: http://dx.doi.org/10.1093/jlb/lsv027

 

Abstract

The Israeli State recently announced that it may begin to use genetic tests to determine whether potential immigrants are Jewish or not. This development would demand a rethinking of Israeli law on the issue of the definition of Jewishness. In this article, we discuss the historical and legal context of secular and religious definitions of Jewishness and rights to immigration in the State of Israel. We give a brief overview of different ways in which genes have been regarded as Jewish, and we discuss the relationship between this new use of genetics and the society with which it is co-produced. In conclusion, we raise several questions about future potential impacts of Jewish genetics on Israeli law and society.

New Article: Solomon, From the Barrier to Refugee Law

Solomon, Solon. “From the Barrier to Refugee Law: National Security’s Transformation from a Balancing Right to a Background Element in the Realms of Israeli Constitutionalism.” International Journal of Human Rights 19.4 (2015): 447-64.

 

URL: http://dx.doi.org/10.1080/13642987.2015.1027063

 

Abstract

Mapping cardinal cases of the Israeli Supreme Court, the article will demonstrate how, in the Israeli constitutional experience, the concept of national security came to be transformed from a balancing right to a background element. Along these lines, the article will argue that while Israeli constitutionalism indeed awarded national security parameters a decisive role in the realms of the human rights balance judicial discourse, it equally embarked on a procedure of delineating the existence of national security as an autonomous consideration, in cases where national security exigencies ceased to be obvious in the Israeli reality. Compelling the examination of a national security debate under the human rights lens, the Israeli Supreme Court aligned its jurisprudence with that of other supreme courts as well as with the international thematic constitutionalism model, aspiring to interpret the different fields of laws and various provisions under the concept of the right to dignity.

 
 
 
 

New Article: Kaplan and Eyal, Trusts and Foundations under Israeli Law

Kaplan, Alon, and Lyat Eyal. “Israel: Trusts and Foundations under Israeli Law: So Different, Yet the Same for Tax Purposes.” Trusts & Trustees 21.6 (2015): 657-61.

 

URL: http://dx.doi.org/10.1093/tandt/ttv045

 

Abstract

This article treats the Israeli Hekdesh coupled with an Israeli underlying company as a foundation. It summarizes the taxation of foundations and trusts in Israel, as well as the main provisions of the relevant legislation as revised in 2013 which is now final and effective. The article then continues to discuss the appointment of protectors under Israeli law. Finally, the article provides for an interpretation of the arbitration law as it relates to foundations and trusts.