CURRICULUM VITAE. 1. Personal Details. 2. Higher Education. A. Undergraduate and Graduate Studies B. Post-Doctoral Studies

Transcription

1 Yehiel Kaplan CURRICULUM VITAE 1. Personal Details Permanent Home Address: 30/9 Shivtey Israel St., Modiin, Home Telephone Number: Office Telephone Number: Electronic Address: Fax Number: Higher Education Period of Study Name of Institution and Department A. Undergraduate and Graduate Studies B. Post-Doctoral Studies Thesis Under Direction of Prof. Menachem Elon: Public in the Legislation of Jewish Medieval Franco- German Communities. Not Applicable March- August 1996 Hesder Yeshiva, Har-Etzion, Alon Shevut, Gush Etzion The Hebrew of The Hebrew of Visiting Scholar. Focus of Studies: Medieval Roman and Canon Law School, the of California, Berkeley The Hebrew of of Oxford, Centre for Socio-Legal Studies, Post Dr. research - Family Law. Degree Rabbinical Ordination, Conferred by Rabbis Eliezer Yehudah Waldenberg, Zalman Nechemia Goldberg and Yehuda Gershuni L.L.B. Dr. Jur. Thesis Under Direction of Prof. Menachem Elon: Jewish Public Law of Franco-German Jewry from the Xth through the XVth Century Not Applicable Date of Degree August Academic Rank and Tenure 1

2 Name of Institution and Department of Academic Rank and Tenure Associate Professor With Tenure 4. Offices of Academic Administration 1. Discipline Committee, of, 1997, Teaching Committee, of, 1996-Present. 3. Library Committee, of, Committee for Determining Standards for Granting Grants to Outstanding Lecturers, of, 2006-Present. 5. Acceptance Committee, of, 2006-Present. 5. Scholarly Positions and Activities outside the 1. Legislation 1. Presentation of point of view concerning legislation in the sphere of Social Rights of Children, Sub Committee of the Knesset Legislation Committee Khok Umishpat, 5 Kislev 5764 ( ). 2. Presentation of point of view concerning amendment of law regarding the Financial Relationship Between Husband and Wife, the Knesset Legislation Committee Khok Umishpat (Meetings during winter ). 2. Evaluation of Masters Thesis Tel Aviv (2) Bar-Ilan (2) 3. Evaluation of PhD or J. D. Thesis *Bar-Ilan (5) *Tel Aviv (1) *The Hebrew of (1) 2 4. Evaluation of Articles Sent to Law Reviews Mishpatim (The Hebrew of ) (4). Mechkarei Mishpat (Bar Ilan ) (3). Dinei Israel (Tel Aviv ) (1). Netanya Law Review (Netania College) (2).

3 Mishpachah Bamishpat (Shaarey Mishpat College) (1).. 5. Evaluation of Articles in Books Evaluation of article in: Essays in Jewish Law and Halakhah: Judge and Litigation in Jewish Law. Evaluation of article in: The Case for the Child Towards the Construction of a New Agenda. Evaluation of article in: Book in Honor of Prof. Jackson. 6. Evaluation of Research Proposal Israel Science Foundation (ISF) Evaluation of proposal no. 1478/ Participation in Scholarly Conferences a. Active Participation Date Name of Conference Conference, Jewish Law Association Conference, Jewish Law Association The Historical Society of Israel Conference, Children's Rights and Traditional Values Conference, Jewish Law association Conference, Moral Agendas for Children s Welfare in the Nineties Conference, The Twelfth World Congress of Jewish Studies Conference, Jewish Law Association Bar-Ilan Place of Conference London London Ramat Gan Subject of Lecture/Discussion/Comments Public Utility in Jewish Public Law. Justice & Equity in Jewish Medieval Taxation. Majority and Minority in decisions of the Jewish Medieval Community. The Interpretation of the Concept 'Best Interest of the Child' in Israel. Custody and Guardianship of Parents in Jewish Law. Maintenance of Children in Jewish and Israeli Law: Moral or Legal? Custody of Parents in Jewish Law: Equality Between Father and Mother. Enforcement of Divorce Judgments by imprisonment. "He Will be Coerced Until he Declares: 'I am Willing'". 3

4 Social Science in the Law", The Hebrew of Conference, The Thirteenth World Congress of Jewish Studies The Legal Relationship Between Parents and Children, of Conference, Jewish Law association Equality Between Husband and Wife, of New Trends in Divorce Law, faculty of of The Financial Relationship Between Husband and Wife, of Bar-Ilan Conference, The Fourteenth World Congress of Jewish Studies Conference, Children s Rights Theory and Practice The Relationship Between Religious and Secular Courts in Israel, of Conference, Jewish Law Association, Bar-Ilan Ramat-Gan Ramat-Gan Consent of Minors to Medical Treatment. Determination of Legal Capacity in light of Findings of Scientific Research. Enforcement of Divorce Judgments by limitation of the right of employment Independent Representation of Minors Corporal Punishment as a Means of Education in Jewish Law Equality in Child Custody: From The Tender Years Doctrine to Equal Doctrines The Liability in Torts of the Recalcitrant Spouse (With Dr. Ronen Perry). Punitive Maintenance as a Solution to the Plight of the Wife of the Recalcitrant Spouse. New Israeli Legislation Concerning Enforcement of Divorce Judgments Theory and Practice. Marriage Agreement in Jewish Law. Economic and Social Rights of Children in Israeli Law The Split in Status in Matters of Divorce Consequences Concerning Religious and Secular Courts Annulment of Marriage 4

5 Draft of Proposal of Constitution Analysis and Evaluation, Faculty of of Conference, Jewish Catholic Church and Israeli Law. "New family", of "Fifteen Years to New Basic Laws", Ono Academic College "New Trends in Legislation in Family Law and Inheritance", of Conference, "Marriage & Constitution", Faculty of Bar-Ilan. "The Legal Relationship Between Parents and Children", of Kiryat Ono Ramat-Gan Children s Rights in Proposal of Constitution Current Proposal and Desirable Law The Sources of Parent-Child Relationship in Jewish Law Formation of Civil Part of Family Law in Israel: Is the Final Outcome the Result of Prior Thought? Basic Law: Human Dignity and Freedom in the Rabbinical Court New Trends Concerning Interpretation of Wills Is it "true and stable"? Enforcement of Divorce Judgments and Annulment of Marriage in Rabbinical Courts in Light of Constitutional Law in Israel The Rights of the Adopted Child: From Paternalism to Autonomy Conference, " Society of Family Law ", Bar-Ilan, Shaarey Mishpat College Conference, The Fifteenth World Congress of Jewish Studies Ramat-Gan, Hod Hasharon Enhancement of Rights and Norms Prescribed for children: The Promise of Interpretation of Religious Law Privacy in Jewish Law: The Balance Between Conflicting Values "The Relationship Between Family Law and Contracts And Torts, of Conference, Jewish Law Association "New Trends in the Financial Relationship Between Husband and Wife-Theory and Netanya Obligation Inherent in Marriage as a Solution to the Plight of the Wife of the Recalcitrant Spouse Second Marriage of Jews in Israel: The Relationship between Secular Law and Religious Jewish Courts Maintenance and New Trends in the Financial Relationship Between Husband and Wife - Current Law and 5

6 Practice", of Desirable Law Conference, " Intellectual Property in Jewish Law", Yad Harav Hertzog "Desirable legislation in an Attempt to Enhance the Legal Status of Children in Israel ", of The Legal Foundation of Intellectual Property in Jewish Law: Problem and Solutions Desirable legislation in an Attempt to Enhance Childrens' Rights b. Organization of Conferences or Sessions Date Name of Conference The Legal Relationship Between Parents and Children Equality Between Husband and Wife New Trends in Divorce Law The Financial Relationship Between Husband and Wife The Relationship Between Religious and Secular Courts in Israel, Place of Conference of of faculty of of of of Subject of Conference / Role at Conference / Comments The Legal Relationship Between Parents and Children, Organization of Conference. Equality Between Husband and Wife, Organization of Conference. New Trends in Divorce Law, Organization of Conference. The Financial relationship Between Husband and Wife, Organization of Conference. The Relationship Between Religious and Secular Courts in Israel, Organization of Conference. 6

7 "New family" "New Trends in Legislation in Family Law and Inheritance" "The Legal Relationship Between Parents and Children" "The Relationship Between Family Law and Contracts And Torts "New Trends in the Financial Relationship Between Husband and Wife-Theory and Practice", of of of of of "New family", Organization of Conference. "New Trends in Legislation in Family Law and Inheritance", Organization of Conference. "The Legal Relationship Between Parents and Children", Organization of Conference The Relationship Between Family Law and Contracts and Torts, Organization of Conference "New Trends in the Financial Relationship Between Husband and Wife-Theory and Practice", Organization of Conference 2012 "Desirable legislation in an Attempt to Enhance the Legal Status of Children in Israel " of "Desirable legislation in an Attempt to Enhance the Legal Status of Children in Israel ", Organization of Conference 7. Invited Lectures 1. Lectures to Lawyers: Advanced Study A. Israel Bar Association 1. Israel Bar Association Branch 1998 Family Law 2 Lectures. 2. Israel Bar Association Branch 2000 Family Law 2 Lectures. 3. Israel Bar Association Branch Family Law 2 Lectures; Property Law 1 Lecture. 4. Israel Bar Association Branch 2004 Family Law 2 Lectures. 5. Israel Bar Association Nazareth Branch Inheritance 2 Lectures. 6. Israel Bar Association Nazareth Branch Family Law 4 Lectures. 7. Israel Bar Association Tel Aviv Branch Panel Family Law 1 Lecture. 7

8 8. Israel Bar Association Branch Family Law 2 Lectures. 9. Israel Bar Association National Conference Panel Eilat Inheritance 1 Lecture. 10. Israel Bar Association Tel Aviv Branch 2006 Family Law 1 Lecture. 11. Israel Bar Association Tel Aviv Branch Family Law 1 Lecture. 12. Israel Bar Association Tel Aviv District Family Law 1 Lecture. 13. Israel Bar Association Branch 2008 Family Law 1 Lecture. B. Bar-Ilan : Center for Commercial Studies Family Law 1 Lecture. 2. Lectures to Judges A. Lectures to Judges in Civil Courts: Institute for Advanced Study of Judges Interaction Between Constitutional Law and Family Law 1 Lecture Family Law 1 Lecture. B. Lectures to Judges in Druze Courts 1. *Academic Training for Judges in Druze Courts in Israel Lectures. 2. *Academic Training for Judges in Druze Courts in Israel Lectures. C. Lectures to Judges in Rabbinical Courts: Annual Conference 1. The Annual Conference of the Judges in Rabbinical Courts in Israel Lecture. 8

9 8. Coloquim Talks Date Place of Lecture Name of Forum Presentation/Comments The Hebrew of, of, Institute for Research in Jewish Law White Lie, Law The Legal Personality of the Medieval Spanish Jewish Community White Lie in Jewish Law 2000 The College of Management- Academic Studies, Law School, Rishon Lezion Shaarey Mishpat College, Hod Hasharon New Israeli Trends in the Definition of the Family in Israeli Law Five Years to the Ban of Corporal Punishment From Best Interest of the Child to Children s Rights The First Stage of Transition From Paternalism to Autonomy Chairman of Panel: Corporal Punishment in Jewish Netanya Academic College, Netanya Abuse of Spouse New and Old Legal Remedies On the Liability in Torts of the Recalcitrant Spouse of, The Second -Milan Bilateral Meeting, Law Law and Religion in Family Law in Israel 2009 of, "The Constitutional Framework Governing the Relationship Between State and Religion in the Italian and Israeli Constitutional Systems", The Second - Milan Bilateral Meeting, Law Marriage and Divorce in Israel: The Interaction Between Religious and Civil Law 9. Scholarships, Awards and Prizes 1984-Drory Prize and Herzog Prize - Research -Masters Thesis Zilberg Prize - Research-Masters Thesis Wolf Prize Research - Dr. Jur Thesis Fulberg Prize - Outstanding Students The Hebrew of, Scholarship for Excellence - Research- Dr. Jur Zilberg Prize - Research - Dr. Jur. 9

10 1996-Foreign and Commonwealth Office - Anglo Jewish Association Joint Scholarship - (Post- Doctoral Research - Oxford ) Distinguished Lecturer Teaching at of. 10. Teaching a. Courses Taught in Recent Years. Year of Name of Course Type of Course Lecture/Seminar/Workshop Degree B.A./M.A./ M.Sc./Ph. D , ; 1996; 1997; 1999; 2000; 2001; ; 1997; 1999; 2002; 2001; 2002; 2003; 2004; 2006; ; 1997; 1998; 2000; ; : ; ; 1997; 1998; ; 2004; ; 1997; 1998; 1999; 2000; 2001; 2002; 2003; 2004; 2004-; -2006; ; -2006; ; : ; The Legal Status of Women in Jewish Law Introduction to Jewish Law Jewish Law Rights and Obligations of Parents Concerning Their Children Family Law in Light of New Trends in Constitutional Law Family Law Family Law and Inheritance Seminar, Law Lecture ( Mandatory), Law Lecture ( Mandatory), Law Seminar, Law Seminar, Law Lecture ( Mandatory), Law Lecture ( Mandatory), Law L.L.B. L.L.B. L.L.B. L.L.B. 10

11 ; ; ;2008 ; ; 1999; 2000; 2001; 2002; 2003; 2004; ; 2006 Hebrew of Equality Between Husband and Wife in Jewish and Israeli Law Marriage and Obligations Inherent in Marriage The Status of the Woman in Jewish and Israeli Law Family Law in Light of the Israeli New Basic Laws Lecture (Elective), Law Lecture (Elective), Law Lecture (Elective), Law Seminar, Law ; 2004; ; ; ; Tel-Aviv Marriage Law in Jewish and Israeli Law Marriage and Divorce Law Seminar, Law Seminar, Law Jewish Public Law Divorce Law Obligations Inherent in Marriage Lecture (Elective), Law Seminar, Law Seminar, Law b. Supervision of Graduate Students Name of Student Hilel Chavshush Keren Arkin Title of Thesis Child Maintenance Equality Between Mother and Father Approaches and Values of Judges Regarding Equality and Division of Roles Between the Parents in Judgments of Courts Concerning Custody of Minors Degree Thesis, Faculty of Tel Aviv Thesis, Faculty of Tel Aviv, Guidance with prof. Barak-Erez Date of Completion 2002 Students' Achievements This Thesis was Published as a Book: Child Maintenance: Obligations of Parents- Jewish Law (Second ed., Ofer Yaron Inc. Publishers, ). Very High Evaluation of Thesis 11

12 Bilhah Cahana Liability in Torts of Parents Concerning their Children J.D. Thesis, The Hebrew of, Member of Guiding Committee of J.D. Thesis, supervised by Prof. Pinchas Shifman This Thesis was Published as a Book: Parent Tort Liability Towards Their Children and Issues of Damages in Connection with Minors and Third Parties (Nevo Publishing House,2008) PUBLICATIONS A. Ph.D. Dissertation Title: Public Law of Franco German Jewry from the Xth through the XVth Century. Date: October 1993 Pages: 338 Language: Hebrew : The Hebrew of Supervisor: Prof. Menachem Elon B. Scientific Books (Refereed) Authored Books - Accepted for Publication Jewish Medieval Public Law: Harry and Michael Sacher Institute for Legislative Research and Comparative The Hebrew of, Law. 330 pages.(hebrew) C. Articles in Refereed Journals Published 1. Elements of Torts in the Jewish Law of Surety, 9-10 Shenaton Ha-Mishpat Ha-Ivri, ( ), (Hebrew). 2. Continuing Validity of Public Norms, Shenaton Ha-Mishpat Ha-Ivri, ( ), (Hebrew). 3. The Public Welfare, 17 Dine' Israel, ( ), (Hebrew). 4. The Non Subjection of the Public to the Limitations of the Private Law in Jewish Law, 25 Mishpatim, (1995), (Hebrew). 5. Decision Making in the Jewish Community, According to Rabbenu Tam - Theory and Practice", 60 Zion, (1995), (Hebrew). 12

13 5a. Decision Making in the Jewish Community, According to Rabbenu Tam - Theory and Practice", Thoughts in Jewish Democracy, Dr. Beni Porat & Prof. Aviezer Ravitzky (eds.) (Am Oved & The Israel Democracy Institute,, 2010) (Hebrew). 6. The Status and Authority of Communal Leaders in the Middle Ages", 18 Dine' Israel, ( ), (Hebrew). 7. Majority and Minority in the Decisions of the Jewish Community in the Middle Ages, 20 Shenaton Ha-Mishpat Ha-Ivri, ( ), (Hebrew). 8. From Best Interest of the Child to Children s Rights Independent Representation of Minors, 31 Mishpatim, (2001), (Hebrew). 9. The Right of a Minor in Israel to Participate in the Decision-Making Process Concerning His or Her Medical Treatment, 25 Fordham Law Journal, (2002). 10. Children s Rights in Israeli Case Law: First Stage of Transition from Paternalism to Autonomy, 7 Hamishpat, (2002), (Hebrew). 11. The New Trend Concerning Corporal Punishment as Means of Education, 3 Kiryat Mishpat, (2003), (Hebrew). 11A. "Corporal Punishment of Children in Israel A New Trend in Secular and Religious Law, 14 Journal of Children's Rights, (2006). Many parts are a translation of the article in D, item #11: Article in Kiryat Mishpat, Enforcement of Divorce Judgments by Imprisonment Principles of Jewish Law, 15 The Jewish Law Annual, (2004). 13. "New Trend Concerning Enforcement of Divorce Judgments: Policy Considerations in Light of Principles of Jewish Law and Basic Laws", 21 Bar-Ilan Law Studies, (), (Hebrew). 14. Yehiel Kaplan & Ronen Perry, "On the Liability in Torts of the Recalcitrant Spouse", 28 Tel Aviv Law Review, (), (Hebrew). 15. "Punitive Maintenance as a Solution to the Plight of the Wife of the Recalcitrant Husband", 10 Hamishpat, (), (Hebrew). 16. Ronen Perry & Yehiel Kaplan, Empowerment of Women by a Tort Suit: The Final Outcome Should be the Result of Prior Thought, 4 Law Culture and Society (Continuation of Plilim) -"Empowerment", (2008), (Hebrew). (Main Contribution: Ronen Perry). 17. "The Power of Interpretation: Religious Scholars Elevate Status of Female Guardians in Jewish Law", 14 Cardozo Journal of Law & Gender, (2008). 18. "Child Custody In Jewish Law: From Authority of the Father to the Best Interest of the Child", 24 Journal of Law and Religion, ( ), (Peer Review). 19. "A Father's Consent to the Marriage of his Minor Daughter: Feminism and Multiculturalism in Jewish Law ", 18 Southern California Review of Law and Social Justice, (2009). 20."Basic Law: Human Dignity and Liberty in the Rabbinical Court: The Balance Between Conflicting Jewish Values and Conflicting Human Rights", 8 Kiryat Mishpat, (2009) (Hebrew). 21."The Changing Profile of Parent Child Relationship in Jewish Law ",18 The Jewish Law Annual,21-79(2009). 22.Doron Menashe & Yehiel Kaplan, "Compassion in Adjudication and Punishment",32 Tel Aviv Law Review, (2011), (Hebrew). 23."Family Law in an Era of a New Policy: From Legislation by Courts to Planned and Detailed Legal Doctrines in Legislation", 5 Din Udevarim, Interdisciplinary Law Review, of (2011). (Hebrew).

14 24. "Enforcement of Divorce Judgments in Rabbinical Courts in Light of Constitutional Law in Israel" Middle East Law and Governance, 4(2012)1-68 (Avner Emon ( of Toronto), Ellen Lust- Okar (Yale ), Audrey Macklin ( of Toronto) (eds.)) D. Articles or Chapters in Scientific Books (Refereed) (Which Are Not Conference Proceedings) Published 1. The Right of the Child to File Suits Against Parents Concerning Emotional Damage, In: Trends in Criminology: Theory, Policy and Practice, Essays in Honor of Dr. Menachem Horovitz, published by the Sacher Institute for Legislative Research and Comparative The Hebrew of, (, 2003), (Hebrew). 2. Jewish Self-Rule in the Thought of the Tosaphists,In: Kehal Yisrael: Jewish Self-Rule Through the Ages 2 - The Middle Ages and Early Modern Period, (The Zalman Shazar Center for Jewish History,, 2004), (Hebrew). 3. Best Interest of the Child in Israel Between Religious and Secular", In: Book in Honor of Prof. M. Shava (Prof. Aharon Barak, Prof. Daniel Friedman (eds.), (Ramot Publications, Tel Aviv, 2006), (Hebrew). New Version, in Hebrew, of the article in F, item #1: Children s Rights and Traditional Values, (Aldreshot, Brookfield, Singapore, Sydney, 1998). 4. The Legal Status of the Jewish Child: The Interaction Between Law and Morality, In: The Case for the Child Towards the Construction of a New Agenda, Chapter 9: (Dr. Yair Ronen, Prof. Charles W. Greenbaum (Eds.), Intersentia Publishers, 2007). Accepted for Publication 5. "Period of New Rules Concerning Enforcement of Divorce Judgments, the Justification of the Use of Restrictive Orders in Light of the Principles of Jewish Law", in: Sefer Elon (Prof. Aharon Barak, Prof. Menachem Ben Sasson, Dr. Aviad Hacohen (Eds.)) (Hebrew), (40 Pages), (Hebrew). Sent to Book Editor 1. He Shall be Coerced Until he States: I Am Willing : Can Coercion lead to a Voluntary Action?" New version, in English, of the article in F,item #2,published in Essays in Jewish Law and Halakhah: Judge and Litigation in Jewish ( Bar-Ilan Press, 2007). 14 E. Articles in Refereed Conference Proceedings Published 1. The Interpretation of the Concept Best Interest of the Child in Israel, Children s Rights and Traditional Values, (Aldreshot, Brookfield, Singapore, Sydney, 1998). 2. He will be Coerced Until he Declares: I Am Willing - The Essence of the Principle and Its Implementation in Contemporary Society. Essays in Jewish Law and Halakhah: Judge and Litigation in Jewish ( Bar-Ilan Press, 2007), (Hebrew).

15 F. Entries in Encyclopedias Published Additions and updates to the Entries: 1. Parent and Child, 2. Takkanot, 3. Torts, These entries were originaly published in Encyclopedia Judaica (Keter Publishing House,, 1972), (English) = Principles of Jewish Law (, 1975), (English), edited by Prof. Menachem Elon. They were published again, with my additions and updates to entries, in the second edition of the Encyclopedia Judaica,in 2006, by Thompson Gale's Macmillan Reference USA imprint under license from Keter Publishing House. G. Other Scientific Publications 1. Book Review Published 1. Carolyn Hamilton, Family, Law and Religion (London, 1995), Journal of Policy and the Family, 11, (1997). 2. N.S. Hecht, B.S. Jackson, M. Passamaneck, D. Piattelli & A.M. Rabello (eds.), "An Introduction to the History and Sources of Jewish Law" (Oxford, 1996), Journal of Jewish Studies, 99, (1998). 2. Sheets of the Weekly Portion Published 1." 'They Revived the Children' Best Interest of The Child as Paramount Consideration", Sheets of the Weekly Portion" Ministry of Justice, Jewish Law Division, Volume 152, Shemot, (2003) (4 Pages) (Hebrew). 2. " 'And in the Morning He Found Out She Was Leah' Breach of a Betrothal Promise", "Sheets of the Weekly Portion" Ministry of Justice, Jewish Law Division, Volume 186, Vayetse,( 2004) (4 pages) (Hebrew). H. Other Publications Preface to Book Published "Preface", A. Kolatch, Masters of the Talmud - Their Lives and Views (New York, 2003). I. Other Works Connected with my Scholarly Field 15

16 Published 1. " Tort Suits in an Attempt to Ameliorate the Plight of the Wife of the Recalcitrant Spouse", Lectures in Annual Conference of Judges in Rabbinical Courts in Israel-5768, (, 2009). (Hebrew). 2. " Proceedings of Symposium: Gender Equality and Monetary Matters in Divorce-Tel Aviv,June 2006",60-65 (Dr.Dafna Haker,Dr.ayelet Blecher-Prigat,Dr.Ruth Halperin-Kadari (eds.),tel Aviv,2007) (Hebrew). 16

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