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Book
vi, 61 pages ; 24 cm.
  • The right to procreate in surrogacy and egg donation : legal arrangements, difficulties, and challenges
  • The right to posthumous fertilization
  • Conceptual implications of the modern right to procreate
  • The modern right to procreate : basic Jewish law approaches.
The theme of this BRP is the right to procreate in the Israeli context. Our discussion of this right includes the implementation of the right to procreate, restrictions on the right (due to societal, legal, or religious concerns), and the effect of the changing conception of the right to procreate (both substantively and in practice) on core family concepts.
(source: Nielsen Book Data)9789004346062 20180625
Law Library (Crown)
Book
xii, 410 pages ; 24 cm
  • Introduction : terra nullius in Zion?
  • The legal geography of indigenous Bedouin dispossession
  • The land regime of the late Ottoman period
  • The land regime of the Bristish Mandate period
  • Making the "dead Negev doctrine" during the Israeli period
  • Historical geography of the Negev : Bedouin agriculture
  • Bedouin territory and settlements
  • The Bedouin as an indigenous community
  • International law, indigenous land rights and Israel
  • Contested futures
  • State and Bedouin policies and plans.
Since its establishment, the Jewish State has devoted major efforts to secure control over the land of Israel. One example is the protracted legal and territorial strife between the Israeli state and its indigenous Bedouin citizens over traditional tribal land in the Negev in southern Israel. Emptied Lands investigates this multifaceted land dispute, placing it in historical, legal, geographical, and comparative perspective. The authors provide the first legal geographic analysis of the "Dead Negev Doctrine, " which has been used by Israel to dispossess Bedouin inhabitants and Judaize the southern half of the country. Through crafty use of Ottoman and British laws, particularly the concept of "dead land, " Israel has constructed its own version of terra nullius. Yet, the indigenous property system still functions, creating an ongoing resistance to the Jewish state. This study examines several key land claims and rulings and alternative routes for justice promoted by indigenous communities and civil society movements.
(source: Nielsen Book Data)9781503603585 20180306
Green Library
Book
xii, 410 pages : illustrations, maps ; 24 cm
  • Introduction: Terra nullius in Zion?
  • The legal geography of indigenous Bedouin dispossession
  • The land regime of the late Ottoman period
  • The land regime of the Bristish mandate period
  • Formulating the dead Negev doctrine during the Israeli period
  • Historical geography of the Negev : Bedouin agriculture
  • Bedouin territory and settlements
  • The Bedouin as an indigenous community
  • International law, indigenous land rights and Israel
  • State and Bedouin policies and plans
  • Conclusion.
Since its establishment, the Jewish State has devoted major efforts to secure control over the land of Israel. One example is the protracted legal and territorial strife between the Israeli state and its indigenous Bedouin citizens over traditional tribal land in the Negev in southern Israel. Emptied Lands investigates this multifaceted land dispute, placing it in historical, legal, geographical, and comparative perspective. The authors provide the first legal geographic analysis of the "Dead Negev Doctrine, " which has been used by Israel to dispossess Bedouin inhabitants and Judaize the southern half of the country. Through crafty use of Ottoman and British laws, particularly the concept of "dead land, " Israel has constructed its own version of terra nullius. Yet, the indigenous property system still functions, creating an ongoing resistance to the Jewish state. This study examines several key land claims and rulings and alternative routes for justice promoted by indigenous communities and civil society movements.
(source: Nielsen Book Data)9781503603585 20180306
Law Library (Crown)
Book
viii, 160 pages ; 24 cm.
  • 1 Introduction: The Eichmann fires 2 The House of Judgment 3 The gray zone: Kapo trials 4 The accused 5 From expulsion to extermination 6 Wannsee: The enabling conference 7 Duties of a law-abiding citizen 8 The deportation chapters 9 Did Eichmann receive a fair trial? 10 Judgment 11 Reading Eichmann today 12 The last Nazi trials and forgiveness.
  • (source: Nielsen Book Data)9781138193604 20180514
Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt's text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.
(source: Nielsen Book Data)9781138193604 20180514
Green Library
Book
viii, 160 pages ; 24 cm.
  • Introduction: The Eichmann fires
  • The house of judgment
  • The gray zone : Kapo trials
  • The accused
  • From expulsion to extermination
  • Wannsee : the enabling conference
  • Duties of a law-abiding citizen
  • The deportation chapters
  • Did Eichmann receive a fair trial?
  • Judgment
  • Reading Eichmann today
  • The last Nazi trials and forgiveness.
Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt's text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.
(source: Nielsen Book Data)9781138193604 20180514
Law Library (Crown)
Book
xxiii, 231 pages ; 24 cm.
  • 1. Introduction I. Israel as a Jewish and Democratic State II. The People and Their Constitution: Theoretical Approaches III. Settler-colonialism IV. The Argument in a Nutshell V. Outline of the Book 2. A Jewish and Democratic State: Theoretical Justifications and Critiques I. Introduction II. The Ultra-nationalist Approach III. The Nationalists of the Liberal Nationalists IV. The Pragmatists of the Liberal Nationalists V. The Liberals of the Liberal Nationalists VI. Classic Liberal Approaches VII. Critical Approaches VIII. Conclusions 3. Locating the People in Israel: The Social Contract, the Basic Norm and the Beginnings of the State I. Introduction II. The People in Israel between Theory and Practice: Social Contract, Basic Norm and Nation III. Beginnings I: The Declaration of Independence and the Colonial Encounter IV. Beginnings II: The Declaration and the Constitution V. Summary and Conclusions 4. Engineering the People I: Law and the Dissolution of the Native Population I. Introduction: Immigration, Citizenship and the Numbers Game II. The First Years (1948-52) III. The Citizenship Law: Exclusion and Elimination by Other Means IV. Summary and Conclusions 5. Engineering the People II: The Legal Foundation of Settler Citizenship I. Introduction II. The Law of Return: Jews-only Immigration Policy III. Demography and Equality IV. Summary and Conclusions 6. Drawing the Red Lines: Political Representation and the Jewish and Democratic Definition I. Introduction II. The Evolution of a System of Exclusion: From Yerdor to Section 7A of Basic Law: The Knesset III. The Introduction of Section 7A of Basic Law: The Knesset and the Interpretation of Jewish and Democratic State IV. Debating Section 7A: Settler-colonialism, the People and Defensive Democracy V. The Jewish and Democratic Definition and the Elected Representatives VI. Summary and Conclusions 7. The Constitution in Action: Constitution-making, Law and Governance I. Introduction II. The Jewish and Democratic Definition in the Process of Constitution-Making III. Making Law: The Jewish and Democratic Definition of the State and Legislation IV. The Jewish and Democratic Definition in Other Legislation V. Conclusions and Summary.
  • (source: Nielsen Book Data)9781509902538 20170418
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
(source: Nielsen Book Data)9781509902538 20170418
Green Library
Book
xxiii, 231 pages ; 24 cm.
  • A Jewish and democratic state : theoretical justifications and critique
  • Locating the people in Israel : the social contract, the basic norm, and the beginnings of the state
  • Engineering the people I : law and the dissolution of the native population
  • Engineering the people II : the legal foundation of settler citizenship
  • Drawing the red lines : political representation and the Jewish and democratic definition
  • The constitution in action : constitution-making, law, and governance
  • Conclusions.
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
(source: Nielsen Book Data)9781509902538 20170418
Law Library (Crown)
Book
396 pages : illustrations ; 22 cm
Green Library
Book
xv, 295 pages ; 24 cm
  • Preface
  • The internationally agreed upon standards for recognizing POWs/MIAs and the Israeli working definitions
  • The intelligence dimension of taking and losing POWs
  • Early indications of an emerging policy : strategic defeats and tactical successes, 1949-1955
  • De facto policy in the shadow of a coming war, 1955-1956
  • Israel extends its own working interpretation of the term POW : prisoner issues in the wake of the 1956 conflict to late 1962
  • New regimes, old policies, and the connection between regime changes and the fate of Israeli agents in hostile hands, 1963-1967
  • The 1967 war : extending the Israeli definition of POWs
  • The 1967-1970 crucial interregnum : the challenging legacy of the war of attrition
  • Black September, sub-national actors, and the early internationalization of the hostage/POW issue, 1970-1973
  • The 1973 war as a watershed line and the dramatic shift to defensive POW policies
  • The Palestinian sub-state actors taking over : from POWs to hostages? : the effect of fourth generation players on the making of POW policies, 1974-1985
  • Sub-national actors taking center stage in the pow context: 1986 to 2011
  • Conclusion.
Israeli Prisoner of War Policies: From the 1949 Armistice to the 2006 Kidnappings examines the development of Israel's policies toward prisoners of war across multiple conflicts. Taking POWs is an indication of strength and a method of deterrence. However, the conditions leading to the release of POWs are often the result of the asymmetry in diplomatic power between two parties, or, as in the case of Israel, the gap between military might and diplomatic weakness within a single country. Consequently, the issue of POWs and their military and diplomatic significance represents at least two levels of actors' behavior: what the criteria should be for taking POWs and what mechanism should be employed and what price should be paid in order to secure their release. Studying the prisoner exchange deals involving Israel reveals three eras in the emergence of Israeli POW policy. Israel has had no comprehensive policy or guiding set of directives. The lack of a well-established policy was not only the result of the unstable nature of Israeli politics, but was to a large extent the result of the tendency of most Israeli cabinets to delay critical decisions. Successive Israeli governments have witnessed three distinct periods of conflict requiring unique approaches to POWs: a confrontation with nation states, 1948/49 to the June 1967 War; a mixed challenge posed by national and sub-national players, 1967 to the aftermath of the October 1973 War; and the long battle with sub-national actors, first Palestinians and later Shi'ite and Sunni Muslims. This volume seeks to apply the lessons of Israel's complex POW policies to conflicts around the world.
(source: Nielsen Book Data)9780739194713 20180416
Law Library (Crown)
Book
xlii, 575 pages ; 24 cm
  • Jewish law
  • Legal culture and system of government in the State of Israel
  • Fundamental legal doctrines of Israeli law
  • Executive powers and national security powers
  • Israel as a Jewish and democratic state
  • Law and religion : international perspectives
  • Equality in Israeli law
  • Israel meets the challenges of Holocaust dilemmas
  • Israeli private and commercial law.
Law Library (Crown)
Book
392 pages ; 22 cm
Green Library
Book
250, viii pages ; 22 cm.
Green Library
Book
253 pages ; 21 cm
"הספר, מסוף העולם ועד סופו, מגולל את מסע הייסורים שנאלצות לעבור בבית הדין הרבני נשים עגונות ומסורבות גט, נשים מבוטלות גיור, נשים זקוקות חליצה ואימהות לממזרים. הסיפורים מובאים כעדות אישית של רבקה לוביץ, טוענת רבנית, אשר במשך למעלה מעשור ייצגה נשים רבות בבית הדין ועמדה על הפער העצום שבין תפיסת העולם של הדיינים, היושבים על כס הדין וחורצים גורלות, לבין הציבור הבא לפיהם. הסיפורים, והתובנות שעולות מהם, משרטטים תמונה קשה ומעוררת שאלות נוקבות באשר להמשך המונופול של הרבנות על תחום המעמד האישי [שישואין ויגרושין] במדינת ישראל. נקודת מבטה של המחברת, כאישה דתית ופמיניסטית, חושפת את עולמה הפנימי ואת התמודדותה כאישה אורתודוקסית, המגלה כי בשם ההלכה והתורה היקרות ללבה נעשה עוול לגר, ליתום ולאלמנה או למסורבת הגט. הספר מבקש להשמיע את זעקתן הלא נשמעת של אותן נשים, ואת זעקתה שלה במאבקה מול בית הדין הרבני." -- back cover.
Green Library
Book
xiv, 214 pages : illustrations ; 23 cm.
  • Introduction
  • A theory of property right formation in Palestinian refugee camps
  • Crafting informal property rights in Fawdah
  • Formal property rights in refugee camps in Jordan
  • Formal property rights in refugee camps in Lebanon
  • Renegotiating property rights in Nahr al-Bared camp
  • Conclusion
  • Appendix A. Titles from NBC and Beddawi in Arabic with English translations
  • Appendix B. Research methods.
The right to own property is something we generally take for granted. For refugees living in camps, in some cases for as long as generations, the link between citizenship and property ownership becomes strained. How do refugees protect these assets and preserve communal ties? How do they maintain a sense of identity and belonging within chaotic settings? Protection Amid Chaos follows people as they develop binding claims on assets and resources in challenging political and economic spaces. Focusing on Palestinians living in refugee camps in Lebanon and Jordan, it shows how the first to arrive developed flexible though legitimate property rights claims based on legal knowledge retained from their homeland, subsequently adapted to the restrictions of refugee life. As camps increased in complexity, refugees merged their informal institutions with the formal rules of political outsiders, devising a broader, stronger system for protecting their assets and culture from predation and state incorporation. For this book, Nadya Hajj conducted interviews with two hundred refugees. She consults memoirs, legal documents, and findings in the United Nations Relief Works Agency archives. Her work reveals the strategies Palestinian refugees have used to navigate their precarious conditions while under continuous assault and situates their struggle within the larger context of communities living in transitional spaces.
(source: Nielsen Book Data)9780231180627 20180709
Law Library (Crown)
Book
1 online resource (233 pages) : illustrations, maps.
  • List of Figures, Maps, and Tables Acknowledgments List of Abbreviations and Translations Note on Arabic Transliteration Introduction 1. A Theory of Property Right Formation in Palestinian Refugee Camps 2. Crafting Informal Property Rights in Fawdah 3. Formal Property Rights in Refugee Camps in Jordan 4. Formal Property Rights in Refugee Camps in Lebanon 5. Renegotiating Property Rights in Nahr al-Bared Camp Conclusion Appendix A: Titles from NBC and Beddawi in Arabic with English Translations Appendix B: Research Methods Notes References Index.
  • (source: Nielsen Book Data)9780231180627 20180709
The right to own property is something we generally take for granted. For refugees living in camps, in some cases for as long as generations, the link between citizenship and property ownership becomes strained. How do refugees protect these assets and preserve communal ties? How do they maintain a sense of identity and belonging within chaotic settings? Protection Amid Chaos follows people as they develop binding claims on assets and resources in challenging political and economic spaces. Focusing on Palestinians living in refugee camps in Lebanon and Jordan, it shows how the first to arrive developed flexible though legitimate property rights claims based on legal knowledge retained from their homeland, subsequently adapted to the restrictions of refugee life. As camps increased in complexity, refugees merged their informal institutions with the formal rules of political outsiders, devising a broader, stronger system for protecting their assets and culture from predation and state incorporation. For this book, Nadya Hajj conducted interviews with two hundred refugees. She consults memoirs, legal documents, and findings in the United Nations Relief Works Agency archives. Her work reveals the strategies Palestinian refugees have used to navigate their precarious conditions while under continuous assault and situates their struggle within the larger context of communities living in transitional spaces.
(source: Nielsen Book Data)9780231180627 20180709
Book
xviii, 335 pages : illustrations ; 24 cm.
  • Introduction: the intimate fiscal state-- Part I. The Rise of Income Taxation: 1. Before the income tax: Jewish Ottoman, and early mandatory taxation-- 2. The introduction of income taxation in mandatory Palestine-- Part II. The Ascendancy of Social Norms: 3. Taxation without law: the Jewish voluntary tax system-- 4. Law and social norms in early Israeli taxation-- Part III. The Transformation of Israeli Taxation and its Law: 5. The rise of tax experts: accountants, lawyers, and economists-- 6. The transformation of tax law: doctrinal and legislative changes.
  • (source: Nielsen Book Data)9781107176294 20170829
This book describes how a social-norms model of taxation rose and fell in British-ruled Palestine and the State of Israel in the mid-twentieth century. Such a model, in which non-legal means were used to foster compliance, appeared in the tax system created by the Jewish community in 1940s Palestine and was later adopted by the new Israeli state in the 1950s. It gradually disappeared in subsequent decades as law and its agents, lawyers and accountants, came to play a larger role in the process of taxation. By describing the historical interplay between formal and informal tools for creating compliance, Tax Law and Social Norms in Mandatory Palestine and Israel sheds new light on our understanding of the relationship between law and other methods of social control, and reveals the complex links between taxation and citizenship.
(source: Nielsen Book Data)9781107176294 20170829
Green Library
Book
xviii, 335 pages : illustrations ; 24 cm.
  • Introduction: The intimate fiscal state
  • Before the income tax : Jewish, Ottoman, and early mandatory taxation
  • The introduction of income taxation in mandatory Palestine
  • Taxation without law : the Jewish voluntary tax system
  • Law and social norms in early Israeli taxation
  • The rise of tax experts : accountants, lawyers, and economists
  • The transformation of tax law : doctrinal and legislative changes.
This book describes how a social-norms model of taxation rose and fell in British-ruled Palestine and the State of Israel in the mid-twentieth century. Such a model, in which non-legal means were used to foster compliance, appeared in the tax system created by the Jewish community in 1940s Palestine and was later adopted by the new Israeli state in the 1950s. It gradually disappeared in subsequent decades as law and its agents, lawyers and accountants, came to play a larger role in the process of taxation. By describing the historical interplay between formal and informal tools for creating compliance, Tax Law and Social Norms in Mandatory Palestine and Israel sheds new light on our understanding of the relationship between law and other methods of social control, and reveals the complex links between taxation and citizenship.
(source: Nielsen Book Data)9781107176294 20170829
Law Library (Crown)
Book
300 pages ; 25 cm.
  • Banking regulation
  • The Israeli banking system and its supervision
  • Prudential regulation
  • Conduct of business regulation
  • Prudential regulation versus conduct of business regulation : consolidation or seperation?
  • Banking regulation in Israel : the way forward.
"Among the globally competitive countries that withstood the global financial crisis of 2008 with no significant disruption, Israel stands out, suggesting that other countries might benefit from an in-depth analysis of its banking system. Thus, the conservative characteristics of the Israeli Banking System subject to tight and effective regulation have now become a broad global interest. In light of this growing interest, this book serves as an exclusive source of information of Israeli banking law and regulation, and focuses on the most up-to-date global banking regulation issues, as reflected and implemented in Israel. Even though the book focuses on the Israeli system, the Israeli circumstances only serve as a test case for the analysis of broader issues that affect many other countries. [Topics include]: the architecture of financial regulation; nationalization and privatization of banks; conflicts of interest in the banking system resulting from universal banking; problems of concentration and lack of competitiveness in the banking system; the growing power of institutional investors and their entry into traditional banking activities; mechanisms for recovery and resolution in the event of a bank failure; new models of banking regulation, such as self-regulation and contractual regulation. The book focuses on the relationship between the two main banking regulations: prudential regulation and conduct of business regulation. Unlike the Twin Peaks Model that prevails in many other market-based economies, such as the UK, where these two fields of regulation are divided between two different regulatory agencies, in Israel, the Supervisor of Banks is responsible for both. The book aims to examine the suitability of the Twin Peaks Model for Israel, and whether both the regulations should remain in the hands of the Supervisor of Banks."-- Provided by publisher.
Law Library (Crown)
Book
xiv, 205 pages ; 24 cm
  • Introduction: The co-constitution of law and emergency
  • Israel's legal-political system : a fluid structure
  • Fluid emergency legal sources
  • Practicing fluidity I : the complementing relationship between Israel's emergency legal sources
  • Practicing fluidity II : emergency powers for economic and financial ends.
"Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In [this book, the author] offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other's shortcomings. Through a careful dissection of Israel's emergency apparatus, Mehozay illustrates that the reach of Israel's emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel's governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the 'war on terror' and consider the role of emergency with regard to realms such as political economy."-- Back cover.
Law Library (Crown)
Book
292 pages : illustrations ; 24 cm
Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this monograph provides a survey and analysis of the rules concerning intellectual property rights in Israel. It covers every type of intellectual property right in depth copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Israel will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
SAL3 (off-campus storage)