DR. BENJAMIN SHMUELI List of Publications

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1 1 DR. BENJAMIN SHMUELI List of Publications Articles in Law Journals English 1. Tort Litigation between Spouses: Let's Meet Somewhere in the Middle, 15 HARVARD NEGOTIATION L. REV. (2010), forthcoming. A draft is available at 2. Corporal Punishment in Schools - A Comparative Perspective, 73 LAW AND CONTEMPORARY PROBLEMS (Duke Univ.), solicited, spring An abstract is available at 3. What have Calabresi & Melamed got to do with Family Affairs? Women Using Tort Law in order to Defeat Jewish and Shari a Law, BERKELEY J. OF GENDER L. & JUSTICE (2010), forthcoming. A draft is available at 4. Love and the Law: Or, What s Love Got to Do With It? 17 DUKE J. OF GENDER L. & POLICY (2010), forthcoming. A draft is available at 5. Offsetting Risks in Tort Law: Theoretical and Practical Difficulties, 37 FLORIDA STATE UNIV. L. REV (2010), forthcoming. A draft is available at 6. Corporal Punishment of Children in Jewish Law: Traditional Approaches Meet Modern Trends A Comparative Study, 18 JEWISH LAW ANNUAL (Boston University) (2010), forthcoming. A draft is available at 7. The Interplay between Tort Law and Religious Family Law: The Israeli Case, 26 ARIZONA J. OF INT'L & COMP. L (2009), with Ayelet Blecher-Prigat, leading article, available at The article has been cited in Ellen M. Bublick, Foreign Tort Law: Beyond Europe, 26 ARIZ. J. INT'L & COMP. L. 271 (2009). 8. Changing the Current Policy towards Spouse Abuse: A Proposal Inspired by Jewish Law for a New Model, 32 HASTINGS INT'L & COMP. L.J (2009), with Yuval Sinai. Available at 9. The Influence of the UN Convention on the Rights of the Child on Corporal Punishment A Comparative Look, 10 OREGON REV. INT'L L (2008). Available at What Has Feminism got to do with Children s Rights? A Case Study of a Ban on Corporal Punishment, 22 WISCONSIN WOMEN'S L.J (2007), leading article. Available at The article has been cited in the following publication: Annotated Legal Bibliography on Gender, 15 CARDOZO J.L. & GENDER 383, (2009). Available at 11. Who s Afraid of Banning Corporal Punishment? A Comparative View on Current and Desirable Models, 26 PENN STATE INT' L L. REV (2007). Available at

2 2 Chapters in Books - Hebrew 12. Corporal Punishment of Children by their Parents in Jewish law and Israeli Law, in APPLICATION OF JEWISH LAW IN ISRAELI CASE LAW (Yuval Sinai ed., 2009) (Hebrew). An abstract in English is available at Articles in Books - Hebrew 13. Between Assault, Abuse and Corporal Punishment, in CHILDREN'S RIGHTS BOOK (Tel Aviv University and the College of Management), forthcoming An abstract in English is available at 14. The Story of the Talmudic Act Is it also an Independent Source of Halacha?, SEFER ELON [Elon Book] (Aharon Barak and Aviad Hacohen eds.) (Hebrew), published on the 80 th Birthday of the Deputy President of the Supreme Court Justice Menachem Elon, forthcoming An abstract in English is available at 15. Legal Commandment Regarding Parental Love of a Child and Damages for Emotional Neglect: Will State Law Follow Natural Law, in LAWS REGARDING LOVE (Hana Naveh and Orna Ben-Naftali eds., Tel-Aviv University, 2005) (Hebrew). An abstract in English is available at The article discusses a variety of legal models which rely on Israeli, American and Jewish law concerning the above question and it draws a connection between torts law and family law on issues of parent-child relations. The article has been cited in the following publications: ; Judge Bilha Cahana, PhD., PARENTS TORT LIABILITY TOWARDS THEIR CHILDREN 124, 141, 184, 185, 261, 304, 332, 334, 336, 341, 376, 377, 382, 385 (2008); Dalia Even-Lahav (2006); Roy Gilber (2007). Articles in Law Journals Hebrew 16. The Goals of Modern Tort Law: A Proposal for a New Mixed-Pluralistic Theory, 39 HEBREW UNIV. OF JERUSALEM LAW REV. (MISHPATIM), forthcoming An abstract in English is available at 17. Tort Law Suits against a Spouse: Litigation or Immunity? MECHQAREI MISHPAT (INQUIRIES IN LAW BAR ILAN L. REV.), forthcoming An abstract in English is available at 18. The Influence of Basic Law: Human Dignity and Freedom on the Ban on Corporal Punishment in Israel, 8 KIRYAT ONO L. REV., a volume in honor of Prof. Aharon Barak, former President of Israel Supreme Court, forthcoming An abstract in English is available at 19. Mandated Reporting on Child Abuse in Jewish Law and Israeli Law, 2 THE FAMILY IN LAW REV. (2008), forthcoming (Hebrew). An abstract in English is available at 20. Tort Compensation for Abandoned Wives (Agunut Women whose Husbands Refuse to Give them a Get) 12 HAMISHPAT (THE COLLEGE OF MAMNAGEMENT L. REV.) (2007). The article has been cited widely in FamC (Jerusalem) 6743/02 C. v. C. (2008). The article's thesis was fully adopted in the judgment and changed the legal situation in this matter; FamC (Tel Aviv) 24782/98 N.Sh v. N.Y. (2008). An abstract in English is available at

3 3 21. Uncertain Causation Too Uncertain: on its Assessment, Compensation on the Basis of Probability and Preponderance of Evidence in the Law of Torts, in collaboration with Prof. Ron Shapira and Prof. Camil Fuchs, 23 BAR ILAN L. REV. (MECHQAREI MISHPAT) (2007). A comparative view on the doctrines of increased risk and lost chance. An abstract in English is available at 22. 'Love does not Dominate; it Cultivates' - Modes of Contending with Abuse against Spouses in Tort Law, Criminal Law and Family Law A Proposal for a New-Old Model, (with Dr. Yuval Sinai) 12 MOZNEY MISHPAT (NETANYA ACADEMIC COLLEGE L. REV.) (2007) (Hebrew). An abstract in English is available at The article has been cited in the following publications: FamC (Jerusalem) 20673/04 B.M. v. B.H.A. (2008); Roy Gilber (2007). 23. Feminism and Children s Rights, pursuant to a lecture given on this subject in a conference held in Tel Aviv University, April 2005, 1 THE FAMILY IN LAW REV (2007) (Hebrew). An abstract in English is available at 24. Loss of Chances in Cases of Uncertainty Regarding Tortious Harm to an Interest, 27 TEL AVIV UNIV. L. REV. (EIUNEI MISHPAT) (2003) (Hebrew), collaborative article with Prof. Camil Fuchs, Head of the Statistical Department in Tel Aviv University, and Prof. Ron Shapira, Dean of the Law Faculty in Bar Ilan University. An abstract in English is available at The article deals with a critical approach to the doctrine of damages for lost of chances as presented by Prof. Ariel Porat, Dean of the Law Faculty in Tel Aviv University, reflected primarily in injury claims arising from smoking. The article has been cited in the following judgments and publications: Permission to Civil Appeal (Israel Supreme Court) 9670/07 Roe v. Doe (2009); Civil Appeal (Israel Supreme Court) 7375/02 Carmel Haifa Hospital et al v. Malul et al (2005); Civil File (Dist. Court of Jerusalem) 7513/05 D.M. v. Crescent Moon Hospital (2008);Civil File (Mag. Court of Rishon Lezion) 7735/03 H.A. v. Weiss (2007);Prof. Ariel Porat (2003, Response in TEL AVIV UNIV. L. REV.); Doron Menashe (2004); Miguel Deutch (2005); Report of a Committee of the Ministry of Health on Medical Mal Practice (2006);Amos Herman (2006); Boaz Shnur (2006); Israel Gilad (2007); Boaz Shnur (2007). 25. Corporal Punishment of Children by their Parents under Jewish, 10 PELILIM (TEL AVIV L. REV. ON CRIMINAL LAW) (2002) (Hebrew). An abstract in English is available at The article summarizes the classical approach taken by Jewish Law towards the issue of parents and teachers striking children and pupils and focuses on two main streams (conservative-traditional and modern), while drawing a comparison with Israeli law on these issues. The article won the Riklis Prize for Research on Judaism, The article has been cited in the following judgments and publications: Cr. File (District Court of Haifa) 368/02 State of Israel v. Anon. (2004); Cr. File (District Court of Haifa) 117/01 State of Israel v. Weisfeld (2004); Cr. File (Mag. Court of Kfar-Saba) 1801/04 State of Israel v. Har-Noi (2005); Cr. File (Mag. Court of Jerusalem) 3359/05 State of Israel v. Weissman (2007); Cr. File (Mag. Court of Jerusalem) 3359/05 State of Israel v. Vertheimer (2007); Prof. Leslie Saba (2003); Dr. Rhona Schuz (2003); Dr. Yechiel Kaplan (2003); Dr. Ronnie Warburg (2003); Dr. Izhak Kadman and Adv. Yfat Boyer (2004); Rabbi Yuval Badichi (2004); Tamar Morag (2004); Dr. Yechiel Kaplan (2004); Dr. Yechiel Kaplan (2005) Dr. Yifat Boyer & Dr. Yitzhak Kadman (2006); Judge Bilha Cahana, PhD., PARENTS TORT LIABILITY TOWARDS THEIR CHILDREN (2008).

4 4 OTHER PUBLICATIONS 1. The Family in Law: Creation, Dissolution and Preservation of the Family Unit: An Introduction, 1 THE FAMILY IN LAW REV (2007), with Dr. Schuz & Dr. Blecher-Prigat. 2. Round (Family) Table a Decade to the Family Court: Vision vs. Reality, 2 THE FAMILY IN LAW REV. (2008), with Michal Ben-Shabbat, Dr. Schuz & Dr. Blecher-Prigat, at the printers. 3. Strict Punishment of Violent Teachers, NEWS FIRST CLASS, Conflicts between Children s Rights and the Best Interest of the Family, 1 SHE ARIM LAMISHPAT (GATES FOR LAW) (2005). 5. A Parent s Love of his Child and Damages for Emotional Neglect, 1 SHE ARIM LAMISHPAT (GATES FOR LAW) (2005). 6. Unavoidable Decision (On the disputed baby, in collaboration with Dr. Rhona Schuz), MA ARIV website (NRG) Compensation for the Children of a Murder Victim, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, On Violence and Bullying Children by their Friends, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, Unnecessary Use of a Super Gun (On the possibility of declaring minors who block roads and refuse to identify themselves as youths in need under the Youth Law) MAKOR RISHON, Slapping a Pupil Is it Contrary to Law? NEWS FIRST CLASS, Abuse of Dependent Patients in Psychiatric Hospitals What Does the Law Say?, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, The Pressure of the Wedding Ring, NEWS FIRST CLASS, Uncertain Causation Too Uncertain, THE ADVOCATE 44-5 (2006), with Prof. Ron Shapira and Prof. Camil Fuchs. 14. How much does it Cost to call on someone You Nazi, NEWS FIRST CLASS, The reporting on a Minor who Hits his Sibling, NEWS FIRST CLASS, Good News for the Children in Greece No longer Corporally Punished, NEWS FIRST CLASS, Negotiations and Trade-In between Judges, NEWS FIRST CLASS, Parents or Civilians? MA ARIV website (NRG) What is the Right Punishment for a Savage who Abuses his Children? NEWS FIRST CLASS, On Mandated Reporting on Child Abuse in Jewish Law, MINISTRY OF JUSTICE JEWISH LAW REVIEW (2007). 21. The Need to Compensate the Victims, 67 THE ADVOCATE 52 (2007). 22. A Father First? 69 THE ADVOCATE 46 (2007). 23. CBS' Kid Nation is in Deep Trouble, 71 THE ADVOCATE 54 (2007).

5 5 24. How Many Years in Jail is the Life of a Toddler Worth?, Y-NET, Losing Granny's services, HA'ARETZ, (Hebrew version) and (English version), see Red Back (On Domestic Violence), Y-NET, New Sanctions on behalf of the Agunut, GLOBES It is Better to be Injured next to a Red and White Curbstone, HA'ARETZ, , on parking according to road accidents law. 29. Doctors' and Nurses' Mandated Reporting on Child Abuse and Neglect, 76 BEN-GURION MEDICAL SCHOOL JOURNAL (2008). 30. Talking in their Language On Child Abuse in Minorities, MA ARIV website (NRG), What is Medical Malpractice?, 77 BEN-GURION MEDICAL SCHOOL JOURNAL (2008). 32. Tort Compensation for Abandoned Wives (Agunut Women whose Husbands Refuse to Give them a Get) Next Generation, THE CENTER FOR THE RIGHTS OF THE CHILD AND THE FAMILY WEBSITE, Compensation for Abandoned Wives (Agunut Women whose Husbands Refuse to Give them a Get) for Emotional Abuse, MAKOR RISHON, Corporal Punishment in Jewish Law, HATZOFE Newspaper, Agunut Women whose Husbands Refuse to Give them a Get) Third Generation, 22 THE ATTORNEYS 9 (2008). 36. Mandated Reporting on Child Abuse according to Jewish Law, 4 THE ADVOCATE (July 2009). 37. Where was the Family?, on mandated reporting on child neglect, MAKOR RISHON, Unlike in New Zealand: On Corporal Punishment for Schoolchildren, ISRAEL TODAY,

DR. BENJAMIN SHMUELI - CURRICULUM VITAE

1 DR. BENJAMIN SHMUELI - CURRICULUM VITAE PERSONAL DETAILS Name: Benjamin Shmueli, PhD., LLM, LLB. Date of Birth: 1971 Address: 55 Hanassi Rd., Givat Shmuel, 54021, Israel Status: Married + 3 Telephone: