Alon Harel
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Publications
Goto earliest | 1990s | 2000s
Forthcoming
"The Anti-Israeli Academic Boycott," 11 Correspondence: An International Review of Culture and Society (forthcoming).
Research Handbook on the Economics of Criminal Law, Edward Elgar, with Keith Hylton, co-editor (forthcoming).
"Aggregating Probabilities Across Offences in Criminal Law," with Ariel Porat, Minnesota Law Review (forthcoming).
2011
"The Easy Core Case for Judicial Review," with Tsvi Kahana, 2 Journal of Legal Analysis 227 (2011).
2010
"Book Symposium," with R. Weill, O. Aronson & A. Vermeule, in Symposium on Adrian Vermeule?s Law and the Limits of Reason, 2 Jerusalem Review of Legal Studies 5 (2010).
"The Jerusalem Review of Legal Studies - Editors' Foreword," with David Enoch, 1 Jerusalem Review of Legal Studies 1 (2010).
"The Vices of Epistemic Institutionalism," 2 Jerusalem Review of Legal Studies 15 (2010).
2009
"Cost-Benefit Analysis and National Emergencies," 42 Israel Law Review 225 (2009). [A comment on Richard Posner, Not a Suicide Pact: The Constitution in Times of Emergency, Oxford University Press (2006).]
2008
"Uncertainty Revisited: Legal Prediction and Legal Postdiction," with Ehud Guttel, 107 Michigan Law Review 467 (2008).
"Why Only the State May Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions," 14 Legal Theory 113 (2008).
2007
"The Economics of Stigma: Why More Detection of Crime May Result in Less Stigmatization," with Alon Klement, 36 Journal of Legal Studies 355 (2007).
"Notes on Waldron's Law and Disagreement: Defending Judicial Review," 39 Israel Law Review 13 (2007).
2006
"In Defense of an Involuntary Polity: Comments on Otsuka's Vision of the Consensual Polity," 55 Iyyun 310 (2006).
"The Right to Judicial Review," with Yuval Eylon, 92 Virginia Law Review 991 (2006).
2005
"Disengaging from Responsibility," Ha'aretz (August 5, 2005). [Hebrew]
"Ex-Post Egalitarianism," with Z. Safra & U. Segal, 21 Journal of Law, Economics and Organization 57 (2005).
"Is There an Autonomy-Based Right to Do Wrong?" 24 Ragion Practia 39 (2005). [Italian]
"Matching Probabilities: The Behavioral Law & Economics of Repeated Behavior," with Ehud Guttel, 72 University of Chicago Law Review 1197 (2005).
"Skeptical Thoughts on Judicial Optimism," 4 Katharsis: A Critical Review in the Humanities and Social Sciences 22 (2005). [Hebrew]
"Theories of Rights," in Blackwell Guide to the Philosophy of Law and Legal Theory 191, M. Golding & W. Edmundson (2005).
"Victims and Perpetrators: The Case Against a Unified Theory of Comparative Liability in Criminal Law," 8 Buffalo Criminal Law Review 489 (2005).
2004
"Benign Segregation? A Case Study of the Practice of Gender Separation in Buses in the Ultra Orthodox Community in Israel," 20 South African Journal of Human Rights 64 (2004).
"The Virtues of Uncertainty in Law," with T. Baker & T. Kuglar, 89 Iowa Law Review 443 (2004).
"Whose Home Is It? Reflections on the Palestinians' Interests in Return," 5 Theoretical Inquiries in Law 333 (2004).
2003
"Comments on Pornography and Gender Equality," in Trends in Criminology: Theory, Policy and Practice 589, M. Hovac, L. Sebba & M. Amir, eds., Harry and Michael Sacher Institute for Legislative Research and Comparative Law (2003). [Hebrew]
"The Right to Srike," Ynet (November 4, 2003). [Hebrew]
"Rights-Based Judicial Review: A Democratic Justification," 22 Law and Philosophy 247 (2003).
"Separation of the Sexes on Public Transportation," with Aharon Schnarch, 3 Alei Mishpat 71 (2003). [Hebrew]
2002
"Economic Culturalism: A Comment on Dennis Mueller: Defining Citizenship," 3 Theoretical Inquiries in Law 167 (2002).
"An Economic Rationale for the Legal Treatment of Omissions in Tort Law: The Principle of Salience," with Assaf Jacob, 3 Theoretical Inquiries in Law 413 (2002).
"Human Rights in Israel Between Universalism and Particularism," 11 Filosofie Magazine 8 (February 2002). [Dutch] Also published in Frankfurter Rundschau (May 6, 2002). [German]
"Unconscionable Objection to Conscientious Objection: Notes on Sagi and Shapira," 36 Israel Law Review 219 (2002).
2001
"The Boundaries of Democratic Pluralism," in Pluralism and Law 133, Arend Soeteman, ed., Kluwer Academic Publishers (2001).
"Crime Rates and Expected Sanctions: The Economics of Deterrence Revisited," with Oren Bar-Gill, 30 Journal of Legal Studies 485 (2001).
"Permissible but Illegitimate," Ha'aretz B2 (February 7, 2001). [Hebrew]
"Torture or Treatment," Ha'aretz B2 (August 8, 2001). [Hebrew]
2000
"Liberalism Versus Jewish Nationalism: A Case for the Separation of Zionism and State," 3 Democratic Culture 89 (2000).
"The Regulation of Speech: A Normative Investigation of Criminal Law Prohibitions of Speech," in Freedom of Speech and Incitement Against Democracy 247, D Kretzmer & F. K. Hazan, eds., Springer (2000). Also published in 30 Mishpatim 69 (1999). [Hebrew]
"The Rise and Fall of the Israeli Gay Legal Revolution," 31 Columbia Human Rights Law Review 443 (2000).
1999
"Criminal Law and Behavioral Law and Economics: Observations on the Neglected Role of Uncertainty in Deterring Crime," with Uzi Segal, 1 American Law and Economics Review 276 (1999).
"On Hate and Equality," with Gideon Parchomvosky, 109 Yale Law Journal 507 (1999).
"The Rule of Law in Israel: Philosophical Aspirations and Institutional Realities," in Recrafting the Rule of Law 143, David Dyzenhaus, ed., Hart Publishing (1999).
1998
"The Courts and Homosexuality - Dignity or Tolerance?" 4 Mishpat Umimshal: Law and Government in Israel 785 (1998). [Hebrew]
"Revisionist Theories of Rights: An Unwelcome Defense," 11 Canadian Journal of Law and Jurisprudence 227 (1998).
1997
"The Real Victim," Ha'aretz B2 (February 6, 1997). [Hebrew]
"What Demands Are Rights? An Investigation into the Relation Between Rights and Reasons," 17 Oxford Journal of Legal Studies 101 (1997).
1996
"The Boundaries of Justifiable Tolerance: A Liberal Perspective," in Toleration: An Elusive Virtue 114, David Heyd, ed., Princeton University Press (1996).
"The Economics of the Law of Criminal Attempts: A Victim-Centered Perspective," with Omri Ben-Shahar, 145 University of Pennsylvania Law Review 299 (1996).
"Gay Rights in Israel: A New Era?" 1 International Journal of Discrimination and the Law 261 (1996).
"Rights as Trivia," Divar Rishon (April 18, 1996). [Hebrew]
1995
"Another Lesson from the Murder," Ha'aretz B2 (November 15, 1995). [Hebrew]
"Blaming the Victims: Optimal Incentives for Private Precautions Against Crime," with Omri Ben-Shahar, 11 Journal of Law Economics and Organization 434 (1995).
1994
"Coherence Theories of Law," 18 Tel Aviv University Law Review 387 (1994). [Hebrew]
"Efficiency and Fairness in Criminal Law: The Case for a Criminal Law Doctrine of Comparative Fault," 82 California Law Review 1181 (1994).
"Review Essay: Free Speech Revisionism: Doctrinal and Philosophical Challenges," review of Cass Sunstein, Democracy and the Problem of Free Speech, The Free Press (1993), 74 Boston University Law Review 687 (1994).
Full text: Hein (BU) Hein
1993
"Efficiency and Fairness in Criminal Law," 22 Mishpatim 499 (1993). [Hebrew]
1992
"Bigotry, Pornography and the First Amendment: A Theory of Unprotected Speech," 65 Southern California Law Review 1887 (1992).
1987
"The Libertarian Resolution of the Paretian Liberal Paradox," with S. Nizan, 47 Journal of Economics 337 (1987).
1983
"Using Hypnosis as an Investigative Technique," 13 Mishpatim 168 (1983). [Hebrew]