Note: For joint publications, the authors have contributed equally unless otherwise specified.
A. Ph.D. Dissertation
The Crown Witness, 440 pp., Tel Aviv University, 1988. (Hebrew)
Supervisors: Professor Shelef Leon & Professor Levi Yuval. (See also: B.1)
B. Scientific Books (Refereed)
Authored Books – Published
1. The Crown Witness (Ramot, Tel Aviv University, 1988), 430 pp. (Hebrew).
2. The Rule of Law and Terrorism, 2004, (Nevo, Jerusalem, 2004), 700 pp. (Hebrew).
3. The Struggle of Democracy against Terrorism: Lessons from the United States, The United Kingdom and Israel (Virginia University Press, 2006) 350pp. (English)
C. Articles in Refereed Journals
Published
1. Agent Provocateur as a Defense in Criminal Trial, 27 Hapraklit 107-116 (1987) (Hb)
2. Passive Euthanasia, Legal Aspects, 29 Hapraklit 162-178 (1989) (Hb)
3. The Privilege Against Self Incrimination – A Landmark in the Struggle of Human to Humanity? 7 BAR-ILAN Studies in Law 167-191 (1989) (Hb)
4. The Plea Bargaining and the Search of Truth, 3 PLILIM – Israel Journal of Criminal Justice 251-262 (1993) (Hb)
5. Legal Activism and the Adversary System of Law, 17 TEL AVIV University Law Review 867-93 (1993) (Hb)
6. Demyanuk Trial and the Search for Truth, 4 PLILIM – Israel Journal of Criminal Justice 299-310 (1994) (Hb)
7. Criminal Code in Time of Emergency, 3 HAIFA University Journal of Law and Government 263-277 (1995) (Hb)
8. The Mistake Defense in Rape Trials in Israel, 32 Hapraklit 334-346 (1995) (Hb)
9. The Defendant Basic Rights According to the New Basic Laws in Israel, 13 BAR-ILAN Studies in Law 155-183 (1996) (Hb)
10. The Scope of Review of Fact Findings Process by the Appellate Courts – A Critical Study, 20 TEL AVIV University Law Review 551-601 (1996) (Hb)
11.The Magna Carta of The Defendant According to The New Bill of Rights In Israel – A Comparative Study, 8 Pace International Law Review 91-127 (1996)
12. The Constitutional Active Relief in Criminal Law, 4 HAIFA University Journal of Law and Government (1998) 433-489 (Hb)
13. Exclusionary Rule In Israel – Does it Exist? 30 MISHPATIM – Hebrew University Law Review 145-183 (1999) (Hb)
14. The Battered Woman, Is It Not The Time for The Criminal Law to Defend Her? 44 HAPRAKLIT 102-139 (1999) (Hb)
15. The Constitutional Dimensions of the Arrest Law in the Army, 5 HAIFA University Journal of Law and Government 437-464 (2000) (Hb)
16. Shifting the Balance Between the Rights of Victims and Rights of Defendants in Criminal Proceedings: A Comparative Study of Israeli and American Law, 15 Tel Aviv University Studies in International Law 199-237 (2000)
17. Human Rights in Administrative Proceedings: A Quest for Appropriate Evidentiary Standards, 31 California Western International Law Journal 215-239 (2001)
18. Legal Aspects of Tackling Terrorism: The Balance Between the Right of a Democracy to Defend Itself and the Protection of Human Rights, 6 UCLA Journal of International Law & Foreign Affairs 89-168 (2001)
19. Human Rights v Terrorism: Does A Democracy Have A Right To Hold Terrorists As Bargaining Chips? And The Problem of Administrative Detention, 18 Arizona Journal of International Law 721-791 (2001)
20. Thwarting Terrorist Acts by Attacking the perpetrators or their Commanders as an Act of Self-Defense. Is this Legitimate? – Human Rights versus the State’s Duty to Protect its Citizens, 15 Temple International & Comparative Law Journal 195-246 (2001)
21 A Reasonable Doubt in Deliberations of Professionals Panels, 1 KIRYAT HAMISHPAT 229-259 (2001) (co-authored with Michal Orcaby) (Hb)
22. Democracy’s Struggle Against Terrorism: The Powers of Military Commanders to Decide Upon the Demolition of Houses, the Imposition of Curfews, Blockades, Encirclements and the Declaration of an Area as a Closed Military Area: The Struggle Against Terrorism Versus Human Rights – The Appropriate Balance”, 30 Georgia Journal of International & Comparative Law 165-231 (2002)
23. Terrorism And The Law: Democracy in the War Against Terrorism-The Israeli Experience, 35 Loyola of Los Angeles Law Review 1161-1212 (2002)
24. Self-defense against Terrorism – What Does it Mean? The Israeli Perspective, 1 Journal of Military Ethics 91-108 (2002)
25. The Influence of Terrorist Attacks on Human Rights in the United States: The Aftermath of September 11, 2001, 28 North Carolina Journal of International Law & Comparative Regulation 1-101 (2002)
26. Trying Terrorists-Justification For Differing Trials Rules: The Balance Between Security Considerations and Human Rights, 13 Indiana International & Comparative Law Review 1-97 (2002)
27. Use of Civilians as a Human Shield: What Legal and Moral Restrictions Pertain to a War Waged by a Democratic State Against Terrorism?, 16 Emory International Law Review 445-493 (2002)
28. The Victim's Constitutional Rights: A Comparative Study, 17 BAR-ILAN Studies in Law 419-457 (2002) (Hb)
29. The Laws of War Waged Between Democratic States and Terrorist Organizations, 15 Florida Journal of International Law 389-480 (2003)
30 Defensive Democracy: Is It Possible to Revoke the Citizenship, Deport or Negate the Civil Rights of a Person Instigating Terrorist Action Against His Own State? 72 University of Missouri Kansas City Law Review 1-71(2003)
31. The Struggle of a Democracy Against Terrorism – Protection of Human Rights: The Right to Privacy Versus the National Interest – The Proper Balance, 37 Cornell International Law Journal 27-95 (2004)
32 The Struggle of Democracy Against The Terror of Suicide Bombers – Ideological and Legal Aspects, 22 Wisconsin International Law Journal 597-710 (2004)
33. Combating Terrorism: Does Self-Defense Include the Security Barrier? The Answer Depends on Who You Ask, 38 Cornell International Law Journal 569-582 (2005)
*34. Fighting Terrorism: Bringing Democratic Regimes to Non-Democratic countries: The Legal Implications, 16 Tulane Journal of International and Comparative Law 17-47 (2007)
*35 How to Justify an Emergency Regime and Preserve Civil Liberties in Times of
Terrorism? 5., South Carolina Journal of International Law and Business (2008)
⃰36.Fighting Terrorism With One Hand Tied Behind The Back: Delineating The Normative Framework For Conducting The Struggle Against Terrorism Within A Democratic Paradigm. 29 Wisconsin International Law Journl 1-27 (2011).
D. Articles or Chapters in Scientific Books
(which are not Conference Proceedings)
Published
1. Moral Dimensions in Enforcing the Criminal Law, Shilaw Book 401-441 (1999)
*2. The Struggle of Democracy Against Terrorism: The suicide bombers – Do we have any legal answers for this phenomenon? Justice Dorner Book 219-299 (2009)
Accepted for Publication
*3. Appealing fact finding: Is it Possible – A revised critical study, 60 pp., Justice Gabi Bach Book (in Hebrew)
⃰4 Trying Terrorists, The Israeli Perspective in Guantanamo and Beyond, Exceptional Courts and Military Commissions in Comparative Perspectives (Edited by Fionnuala Ni Aolain & Oren Gross, Cambridge 2013)
⃰5."Disgrace" its meaning in Criminal Trials, does it compatible with the principle of legality ? Ali Mishpat 2013 (In Hebrew)
⃰6 Observation on the draft law : Struggling with Terrorism, Hukim 2013 (In Hebrew)
7.Hava Dayan and Emanuel Gross, Femicide Under the Auspices of the US Model Penal Code: A Legislative Treatise of Common Law Criminal Doctrines, Springer, 2015, 200 pp. (offer of publication accepted).
8. Hava Dayan and Emanuel Gross, "In Between the Hammer and the Anvil: Battered Women Claiming Self Defense and A Legislative Proposal to Amend Section 3.04(2)(b) to Circumstances of Domestic Violence.” Harvard Journal on Legislation, Volume 52, 2014, forthcoming, (accepted for publication).
9Hava Dayan and Emanuel Gross, "Uxoricide Under the Auspices of the Model Penal Code: A Legislative Proposal to Amend Section 210.3(b) of the Model Penal Code”, 2014, Georgetown Journal of Gender and the Law, Volume 15.2, 2014, forthcoming (accepted for publication).
10.Hava Dayan and Emanuel Gross, "Self Defence in Circumstances of Domestic Violence: Introducing a Self- Defense Bill", "Law Watch" – The Haifa University Law Faculty's Online Journal, 6(1), 2012, 1. (Hebrew)
E. Articles in Conference Proceedings
Published
1. The Constitutional Status of the Victim, Conference of Israeli and British Justices in the Supreme Court, Dec. 1996 (15p)
2. Human Rights in Administrative Proceedings: A Quest for Appropriate Evidentiary Standard, Second World Conference on New Trend in Criminal Investigation and Evidence, Amsterdam, Dec. 1999 (20p)
F. Summary of my Activities and Future Research Plans
In 1998, I decided to explore the legal dimensions of fight against terrorism by liberal democracies after realizing that there are not enough jurisprudence on this new legal area. Since then, I have published many articles in US law reviews and a book discussing the legal aspects of the fight against terrorism in Israel and in the United States (published by the Virginia University Press). This area of Law and Terrorism is now the main focus of my research. It becomes the main focus of my research because many legal and moral aspects of this area are still needed to be explored and because this kind of war becomes to be of great concern to Israel and the free world.
My research program for the near future is focused on the following legal subjects :
A. Law and Terrorism
1. The use of mass distraction weapon by terrorism
2. Is there a place to add a third category to the Geneva conventions: Illegal combatant?
3.The new crime of aggression in the ICC charter-can it be applied to terrorism?
4. The Goldstone Report: does it reflect the legal requirements for an international inquiry committee?
5.Do we need new humanitarian legal rules to regulate our war on terrorism?
6. Can we regulate the cyberspace in our war on terrorism.
7.What does it mean self defense in the war on terrorism.
Evidence
8.Should we restore the rules of corroboration in sexual offences?
Criminal Law.
9.The Battered women ,should we provide her with a new self defense?
Right now I am working on several papers:
1. How should a democracy fight terrorism: legal principles and moral dilemmas?
2. The Goldstone report: does it meet the international standards for an inquiry committee?
3. Use of profiling in the war on terrorism is it legal?
4. The Battered woman should we provide her with a new self defense?
My research program derives and based on the problems our reality pose right now the war on terrorism and the meaning of justice within our criminal justice system.
My methodology of writing corresponds the requirements of theoretical legal research within our academic community .
Since the publication of my new book entitled: The Struggle of Democracy against Terrorism, I have been asked very frequently to attend a variety of International forums to discuss my book or derivative subjects related to the area of law and terrorism. More than 200 references of my books and articles are cited by researches on Lexis-Nexis, Westlaw and SSRN.
In the last years, I have been invited to give speeches in Washington DC, Leiden Netherlands, and Coimbra and Lisbon, Portugal.
In 2008, I have also been requested by Professor Stephen Schulhofer, from NYU Law School, to join an amici curiae in support of the appellant, in the matter of Lakhdar Boumediene v. George W. Bush – an appeal filed to the Supreme Court regarding the constitutional rights that should be awarded to unlawful combatants held by the United States at Guantanamo Bay, Cuba.
I was also asked by Prof. Koh, the dean of Yale law school to join the amicus curiae of comparative law scholars and experts on the laws of the United States, United Kingdom and Israel in support of the respondent Jose Padilla in the case of Donald Rumsfeld v Jose Padilla before the Supreme Court. My article: Human Rights v Terrorism: Does A Democracy Have A Right To Hold Terrorists As Bargaining Chips? And The Problem of Administrative Detention, 18 Arizona Journal of International Law 721-791 (2001) was cited as a support for the brief.
I was invited to teach a seminar on law and terrorism at Osgoode Hall, York University, Toronto. In addition, I am a member of a committee at the Israeli Institute of Democracy studying the ways a democracy should conduct its war against terrorism.
As a researcher I was frequently asked by Israeli and foreign academic institutions to review master and doctorate dissertation .
As a scholar on criminal law, I am frequently requested by the media (both written and televised) in Israel and abroad to comment on actual legal problems. Recently, in light of the deadly terrorist attack in Mumbai, India, I have been requested by a prominent newspaper in India to introduce its audience with the Israeli experience in fighting terrorism.
Lately I have been asked by several leading firms in America to testify against Palestinian terrorist organization as a legal expert.
In addition, I was invited by the Yale Law School to give a talk before the Human Rights Workshop sponsored by Schell Center, on the subject of : Law and Terrorism, the Israeli Perspective. I have also been invited by the Cornell Law School, the Center for International and Comparative Law to give a talk on the need of an emergency constitution for combating terrorism.
I am continuing with the research programs, mainly on the area of law and terrorism. This new kind of war involves unavoidable tension between human rights and the needs of security. I have in mind to explore new legal aspects that still needed to be regulated; I am going doing it by myself or with cooperation of colleagues in other countries. I am also devoting time to explore the areas of my other interests: criminal law and evidence. For instance one of my main concerns about our criminal justice system is the fact that we are not allowing review of fact findings, In my previous writings I have criticized this phenomenon, I have in mind to continue with the research in this legal area hopefully to influence the legislature to adopt my views.
A year ago I have been invited together with Dr. Gabi Halevi by International Encyclopedia of Criminal Law (Kluwer Law International Publishers, Netherlands) to write the chapter of the Israeli criminal law, it will be completed and published by the end of this year.
Recently I won a big academic grant by the ministry of Science to explore the legal ways to struggle with cyber-terrorism.
For many years I am supervising LLM & Ph.D candidates some of them already become full Professors (Gabi Halevy ).
Last year I have been Asked by the Malag to chair a professional committee for evaluation of the academic credential in connection with some Private law colleges (Uno academic center, Sharey Mispat and the law school of miclla leminal )
Participation in Scholarly Conferences
Active Participation
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Subject of Lecture/Discussion/Comments
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Place of Conference
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Name of Conference
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Date
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The Crown Witness
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Bar-Ilan University
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The Annual Conference of the Criminology Association
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1989
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The Punishment Policy
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Tel Aviv University
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The Military Courts Approach toward Illegal Drugs
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1989
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The Criminal Code in Emergency Times
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University of Haifa
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Codification of Criminal Law
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1993
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The Israeli Experience in the War on Terrorism
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Temple University, Philadelphia
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Human Rights and Terrorism: Democracy Versus Terrorism
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2004
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* 2007: International Conference of the American Association of Jewish Lawyers and Jurists: "Protecting Human Rights and Democratic Values in an age of Terrorism"
Washington DC.
* 2008: HDC State Conflict with Non State Actors: Reconceptualizing Duties and Liabilities (Sept. 10th)
* 2008: Global Violence, National Security, and Law – Comparative Outlook. Israeli Law and Society Association (ILSA) International Conference, The Hebrew University, Jerusalem. (December 26th)
⃰
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Subject of Conference/
Role at Conference/
Comments
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Place of
Conference
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Name of
Conference
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Date
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Member of the organization committee
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University of Haifa
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International Conference: Democracy versus Terrorism: Where are the Limits?
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2002
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Organization of the conference on behalf of the Faculty of Law
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University of Haifa
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Judge's annual conference
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*2006-
2013
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Colloquium Talks
1993: Medical Conference on Ethics Problem: H.I.V, Legal Aspects, Rambam Hos.
1993: Medical Ethics Informed Consent, Rappoport School of Medicine, Haifa.
1995: The Mistake Defense in Rape Trials, Tel Aviv and Haifa Faculties of Law, Women in Criminal Trials.
1996: The Constitutional Rights of the Victim in Criminal Proceedings, The Supreme Court, Jerusalem, Conference of Justices from England and Israel, on Comparative Criminal Law.
1997: The Comparison between the Military Criminal Justice and the Civil System. University of Haifa, I.D.F. and the Israeli Society.
1997: The Constitutional Reforms in Criminal Procedure, Neve-Ilan, Judges Advanced Studies.
2001: Incitement Offences, The Israeli Democracy Institute, Jerusalem.
2002: Law and Terrorism: University of Haifa.
2003: Obedience to the Law, The Netanya Academic College of Law.
2003: The right to die, University of Haifa.
2005: Liberation of Security Prisoners: ICT, The Interdisciplinary Center, Herzlia
2005: Celebrating a Decade to 'Amendment 39th' of the Israeli Penal law. Tel Aviv University.
2006: Celebrating the Retirement of President Aharon Barak, Chief Justice of the Supreme Court: His Impact on the Law. University of Haifa.
* 2007: The Annual Beer Shiva Conference: Plea Bargaining on Juvenile offenders. Beer Shiva.
* 2007: Advance Studies for Tel Aviv District Attorney: Corruption offences. Jerusalem.
* 2007: The Institute for Advance Studies for Legal Assistances: Exclusionary rule in Israel, following the ruling on Isahcarov v. The State of Israel by the Supreme Court. Jerusalem.
* 2007:
Annual Conference: Haifa Faculty of Law and The Institute of Advanced Judicial Studies: The role of procedure in making justice. Haifa University.
* 2007: Center for Law and Security: Colloquium Class: The Struggle of Democracy Against Terrorism: Lessons from the United States, United Kingdom and Israel, NYU.
*2008 Human Rights and Security –Israel –American Dialogue –IDC, Israel.
* 2010 Annual Conference: Haifa Faculty of Law and The Institute of Advanced Judicial Studies: Evaluation of Testimonies in Trials.University of Haifa.
Invited Addresses
1997: Punishment Factors Toward Users of Alcohol, Ramat Gan, Ministry of Social Affairs, Conference on Alcohol Abuse.
1997: Constitutional Aspects of the New Arrest Law, Hod Hsharon, The Civil Rights and the New Detention Law.
1997: The effects of the New Arrest Law on the Army, The Israeli Academy of Military Law.
1998: Victims Rights, Leeds, England
1999: Evidentiary Aspects of Defending Human Rights, Amsterdam, Netherlands.
2000: Human Rights and Terrorism: the Right Balance, The Israeli Perspective, Golden Gate University, San Francisco.
2003: The Rule of Law and Terrorism. Osgoode Hall, Toronto
2003: The Effects of Terrorism on the Rule of Law, John Marshall School of Law, Chicago.
2003: The Definition of International Crimes in the Rome Statute, Jerusalem.
2004: The Legal implications of the "Security Fence". Osgoode Hall, Toronto.
2004: Democracy Versus Terrorism –The Israeli view. Yale Law School, New-Haven.
2004: Combating Terrorism: Do we need an Emergency Constitution? Cornell School of Law, New York.
2005: The Struggle of Democracy on Terrorism: The Israeli Experience. John Marshall Scholl of Law, Chicago.
2006: The Institute of Advanced Judicial Studies: Seminar on Penalty. Neve Ilan.
* 2007: The Annual Conference of the Israeli Bar Association: How Israel Should Conduct its Struggle on Terrorism?: Eilat.
* 2007: Honours Class 2007: The Struggle of Democracy Against Terrorism. Leiden, Netherland.
* 2007: Department of Near Eastern Languages and Civilizations, The Struggle of Democracy against Terrorism: The Israeli Experience. Yale University, New-Haven. (Sept. 28th)
* 2007: National Coordinator for Counterterrorism: "Countering radicalization: perspectives and strategies from around the globe" Hague, Netherland. (October 22nd)
* 2008: SAIS/Rand Terrorism Trials Colloquium, Washington DC (January 10th)
* 2008: Coimbra Portugal, Fighting Within Human Rights (July 16, 17).
* 2008: The Catholic University, Lisbon Law and Terrorism, The Israeli Perspective (July 14th).
* 2009: "Fighting Terrorism With One Hand Tied Behind the Back-The Israeli Perspective", Institute of Law and Economics, University of Hamburg.
* 2010 Law and Terrorism –The Israeli Perspective, Faculty of Law University of Masaryk
⃰ 2011 Law and Terrorism –The Israeli Perspective, Faculty of Law University of Umbolt, Berlin.
⃰ 2012 Law and Terrorism Targeting Policy, The Israeli perspective, University of Bucharest
