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The Minerva Center for the Rule of Law under Extreme Condition, the Aptowitzer Center for Risk, Liability and Insurance and the Center for Cyber, Law and Policy

The Legal Challenges of Terror symposium - June 7, 2018

 Short biographic details of speakers

Prof. Gad Barzilai: Introduction

Gad Barzilai is a Full Professor of law, political science and international studies, Professor Emeritus at University of Washington, Dean Emeritus of University of Haifa Law Faculty and Vice Provost and Head of the International School, University of Haifa. His academic degrees and training are from Tel Aviv University, Hebrew University Jerusalem, Yale, and University of Michigan Ann Harbor. He has published extensively 17 books and about 165 articles and essays in academic top journals and publishing houses on issues of law, society and politics. Several of his books are award winning books. Thus, for example, in his Communities and Law: Politics and Cultures of Legal Identities [University of Michigan Press, 2003, 2005] he paved the way for a new understating of the role of communities in shaping practices in law and towards it. This book was awarded the Best Book Prize by the AIS and was selected to a special conference panel in the Law and Society conference in Chicago (2004). In his Law and Religion [Ashgate, International Series on Law and Society, 2007] he has edited some of the classics on law and religion and made a meaningful contribution to our understanding of this topic. In his Wars, Internal Conflicts and Political Order [SUNY 1996], he has suggested a new way for understanding the construction of political-legal order and disorder in times of national security emergencies. The Hebrew manuscript of this book was awarded the Best Book Award in National Security by the Ben Gurion Foundation. Among others he has published on politics of rights, comparative law, law and political power, law and violence, communities and law, group rights, liberal jurisprudence, national security, democracies and law, and issues concerning Middle East and Israeli politics and law. In his research he is often combining knowledge in law, the social sciences, mainly political science and political sociology, with political theory, theories of jurisprudence, comparative politics and comparative law. He has been trained to use both qualitative and quantitative methodologies. Barzilai was the President of the Association for Israel Studies (2011-2013) and the Founding First Director of the Dan David Prize (1999-2002). He is a Board member of editorial boards in several world leading professional journals.

Admiral (Res.) Amichay (Ami) Ayalon (Key-note speaker)

Admiral (ret.) Ami Ayalon is the Head of the Center for Democracy and National Security at the Israel Democracy Institute.
He serves as the Chairman of AKIM Israel (the National Association for the Habilitation of   Children and Adults with Intellectual Disabilities), and the Chairman of the Executive Committee of the Haifa Research Center for Maritime & Strategy.
Ayalon is one of the founders of Blue White Future (“BWF”), a non-partisan political movement, committed to securing the future of Israel as a Jewish and democratic state through facilitating an inclusive discourse to promote a two state solution.
Admiral (ret.) Ayalon is a former Director of Israel Security Agency (the Shin Bet) and a former commander of Israel's Navy. He has served as a cabinet minister and a member of the Knesset. Along with Sari Nusseibeh, he has headed the People's Voice peace initiative in 2002.

1st panel: Legal Challenges of terror to Cyber systems

Chair: Dr. Itamar Mann

Itamar Mann teaches at the University of Haifa, Faculty of Law. His main area of research is migration and refugee law, but he also works in international criminal law, international humanitarian law, and national security law. His articles have been published in leading journals, and his book, Humanity at Sea: Maritime Migration and the Foundations of International Law was published in 2016 by Cambridge University Press. Before coming to Haifa, he taught and was the national security law fellow at Georgetown Law Center, Washington DC. He holds and LLB from Tel Aviv University, as well as LLM and JSD degrees from Yale Law School.

MG (ret.) Dan Efrony: Cyber- Warfare is here, while International Law is lagging behind

Maj. Gen. (ret.) Dan Efrony –  Former Military Advocate General (M.A.G.) of the Israel Defense Forces.
Dan had a rich professional military career during which he served in the IDF intelligence corps, in professional and commanding positions, rising to the rank of Lt.Col. Dan’s legal military career within the M.A.G.’s corps began in the mid 1990’th and spanned several senior positions, including, Military Advocate of the Northern Command, Deputy to the Chief Military Prosecutor,  Chief Defense Counsel, Deputy to the M.A.G., before being appointed M.A.G. in 2011, serving in this position until 2015.
Since he retired Dan is an associate researcher at the Cyber Security Research - Center – The Hebrew University of Jerusalem.

Adv. Eli Bahar: Democracy in Danger: Information manipulation, election intervention and organized "fake news"

Adv. Eli Bahar – has served for many years in various positions at the Israel Security Agency (ISA). His last position (2006-2011) was the ISA's Head Legal Advisor and in charge of the ISA's legal division. He is an active lawyer, teaching at the Tel Aviv University and also a researcher at the Israel Democracy Institute. Mr. Bahar holds B.A. in Economics & Political Science, and LL.B from Tel Aviv University, and Masters in Public Administration, MPA from Harvard University.

Nadav Berman Shifman: Autonomous Weapon Systems, "The Sword Devours", and the Problem of Moral Agency

 

Dr. Eldar Haber: The Wiretapping of Things

Dr. Eldar Haber is an Associate Professor (Senior Lecturer) at the Faculty of Law, University of Haifa and a Faculty Associate at the Berkman-Klein Center for Internet & Society at Harvard University. He is also a member of the Haifa Center for Law and Technology (HCLT) and the Center for Cyber Law & Policy (CCLP) at the University of Haifa. His main research interests consist of various facets of law and technology including cyber law, intellectual property law, privacy, civil rights and liberties, and criminal law. His works were published in various flagship law reviews worldwide, including top-specialized law and technology journals of U.S. universities such as Harvard, Yale and Stanford. Over the years, he has won several academic awards including the IAPP (International Association of Privacy Professionals) best privacy paper award in Europe (2017). His works are frequently presented in various workshops and conferences around the globe, and were cited in academic papers, governmental reports, the media, and U.S. Federal courts.

 

2nd panel: Legal challenges of terror to the rule of law

Chair: Prof. Eli Salzberger

Professor Eli Salzberger was the Dean of the Faculty of Law at the University of Haifa and the President of the European Association for Law and Economics. He is a graduate of the Hebrew University Faculty of Law (1st in class). He clerked for Chief Justices Aharon Barak and Dorit Beinish. He wrote his doctorate at Oxford University on the economic analysis of the doctrine of separation of powers. His research and teaching areas are legal theory and philosophy, economic analysis of law, legal ethics, cyberspace and the Israeli Supreme Court. He has published more than 40 scientific articles. His latest book (co-authored with Niva Elkin-Koren) is The Law and Economics of Intellectual Property in the Digital Age: The Limits of Analysis (Routledge 2012), preceded by Law, Economic and Cyberspace (Edward Elgar 2004). He was a member of the board of directors of the Association for Civil Rights in Israel, of the public council of the Israeli Democracy Institute and of a State commission for reform in performers’ rights in Israel. He was awarded various grants and fellowships, among them Rothschild, Minerva, GIF, ISF, Fulbright, ORS and British Council. Salzberger was a visiting professor at various universities including Princeton, University of Hamburg, Humboldt University, University of Torino, Miami Law School, University of St. Galen and UCLA. Currently he is the director of the Haifa Center for German and European Studies, the director of the Minerva Center for the Study of the Rule of Law under Extreme Conditions and he is the co-director of the International Academy for Judges at the University of Haifa Faculty of Law.

Prof. Stefan Oeter: Terrorism, laws of armed conflict and war crimes prosecution

Stefan Oeter (Prof. Dr. jur.): Since 1999 Professor for German and Comparative Public Law and Public International Law, Faculty of Law, University of Hamburg. Law degree at the university of Heidelberg; 1987-1997 research fellow at the Max Planck Institute for Comparative Public and Public International Law, Heidelberg; 1990 Dr. iur. utr. (Heidelberg); 1997 Habilitation in Public Law and International Law (University of Heidelberg). Member (1999-2017) and Chairman (2006-2013) of the Independent Committee of Experts of the European Charter for Regional or Minority Languages (Council of Europe); Member of the Scientific Advisory Board of the Federal Ministry of Transport; President of the Historical Commission, International Society for Military Law and the Laws of War; Member of the Permanent Court of Arbitration; Member of the German Commission for the Geneva Red Cross Conventions; Member of the Academy of Sciences in Hamburg. Current research interests: Comparative federalism, minority protection and human rights law, humanitarian law, European and international economic law, theory of international law and international relations, Global Constitutionalism.

Prof. Stefan Voigt: When Does Terror induce a State of Emergency? And what are the Effects?

Stefan Voigt is a professor at the University of Hamburg and the director of the Institute of Law & Economics at the University of Hamburg. He is a fellow with CESifo (Munich). Previous positions include chairs at the Universities of Marburg, Kassel and Ruhr-University Bochum. Voigt has been a fellow at the Institutes for Advanced Study in Berlin, in Greifswald and at the University of Notre Dame. His research focuses on the economic effects of constitutions. More specifically, current research focuses on the economic effects of the judiciary. Voigt is one of the editors of Constitutional Political Economy and a member of various boards including those of Public Choice and the International Review of Law & Economics. Voigt has consulting experience with both the public and the private sector. He has worked with the World Bank, the European Commission and the OECD but also with the European Round Table of Industrialists (ERT). The German newspaper Handelsblatt ranks Voigt among the Top-100 German speaking economists according to quality-weighted research output. 

Adv. Lila Margalit: The Israeli Combating Terror Law: Normalizing the Exceptional?

Adv. Lila Margalit is a researcher in the program on National Security and Democracy at the Israel Democracy Institute. Previously, she was an attorney for the Association for Civil Right in Israel, where she headed the Criminal Justice program and focused on issues including terrorism and human rights, detention and due process. 

 

3rd panel: Compensation to Victims of Terror: A Comparative Perspective

Chair: Prof. Ronen Perry

Prof. Betsy J. Grey: Should Nations Create a Permanent Compensation System for Victims of Terrorism? 

Betsy Grey is the Jack E. Brown Professor of Law in the Sandra Day O'Connor College of Law, a fellow with the Lincoln Center for Applied Ethics (2017-2018) and faculty fellow with the Center for Law, Science and Innovation at Arizona State University.

Professor Grey publishes and teaches on issues of tort law, products liability and mass tort litigation, as well as neuroscience and law, and has presented to judicial conferences and other professional groups on these issues. Her recent scholarly work has focused on the study of no-fault compensation systems in the United States, as well as the impact of advancements in neuroscience on tort law. Professor Grey also has taught products liability as part of a common law program to law students in France.

Before joining ASU, Professor Grey was a commercial litigator at the Washington, D.C. law firm of Shea & Gardner, and a trial attorney for the Civil Division of the U.S. Department of Justice through the Honors Program, where she represented federal agencies and officials in litigation involving constitutional, statutory and regulatory issues. A former articles editor of the Georgetown Law Journal, Professor Grey clerked for Judge Frank M. Johnson Jr. of the 5th U.S. Circuit Court of Appeals.

Professor Grey is a member of the American Law Institute and Professional Editorial Board for Jurimetrics: The Journal of Law, Science, and Technology.

Prof. Ernst Karner: Liability for Acts of Terrorism in a comparative view

Prof. Ernst Karner is Director of the Institute for European Tort Law, Austrian Academy of Sciences and University of Graz, and of the European Centre of Tort and Insurance Law. He holds a chair in civil law at the University of Vienna. Born in 1969, he studied law in Vienna (Dr jur 1997 with distinction) and completed his habilitation in 2004 with a thesis on bona fide acquisition. He is co-editor of the Journal of European Tort Law (JETL) and a member of the European Group on Tort Law (EGTL) and the World Tort Law Socciety (WLS).  Furthermore, he was a member of the commission for the reform of Austrian tort law established by the Ministry of Justice in 2000. Ernst Karner has written extensively in the fields of Austrian and European tort law and was granted several prizes including the Figdor-Preis of the Austrian Academy of Sciences and the Kardinal-Innitzer-Förderungspreis.

Dr. Hillel Sommer: Compensating Terrorism Victims: Promises and Perils

Dr. Hillel Sommer is a Senior Lecturer at the Radzyner Law School, IDC Herzelia, Israel, where he teaches mostly Constitutional law. In addition to his position on the faculty of the law school, Sommer served as IDC's founding Dean of Student Affairs  and as Vice-Dean of the law school.  

Sommer received the degree of J.S.D. and his LL.M. degrees from Yale Law School. Sommer is the recipient of a Fulbright Fellowship for his studies at Yale. He received his LL.B, magna cum laude, from Tel Aviv University Faculty of Law.

Dr. Sommer served as Civil and Political Rights Counsel to the Knesset's Law, Constitution, and Justice Committee in its 2005-2006 attempt to draft a constitution for the state. His paper on compensation for victims of terrorism was published in the Indiana Law Review.