Prof. Amnon Reichman

Professor Amnon Reichman teaches and researches administrative and constitutional law (Israeli and Comparative) as well as law and technology. He is the Director of the Haifa Center for Cyber, Law and Policy.

In public law, his publications address human rights (Human Dignity, Freedom of Expression, Equality, Privacy, Due Process, Freedom of Vocation and Freedom of Religion) separation of powers and judicial independence, theories of judicial review, interpretation and judicial discretion, modalities of regulation (including the relationship between regulation and judicial review), and methodologies of comparative law.

In law-and-technology he writes on the role of the state in Cyber, on the regulation of AI, on the public-private technological and jurisdictional interface, and on the methodologies of risk assessment, such as sandboxing.

In addition, Reichman engages in law and society research, primarily regarding the relationship between law and culture, (including law and literature and law and cinema), system theory and constitutional evolution, and the challenges to the culture of the rule of law.

Reichman has taught in several law schools, including Cardozo School of Law (NY), the Judicial College in Reno (NV) and UC Berkeley School of Law (CA). He serves on various professional boards (including the board of the Israeli Association of Public Law and the Israeli chapter of ICON-S), and was the president of the Israeli Association of Law and Society (2016).

Reichman has won several awards (including the Dusty Miller award for outstanding young scholar and an award for excellence in teaching), and several competitive grants (including the Israel Science Foundation and the Ministry of Science and Technology). Prior to joining the faculty of law at the University of Haifa (2001) he spent a year as a faculty fellow at Safra Center for Ethics and the Professions at Harvard. He holds an LL.B from Hebrew University, an LL.M from UC Berkeley, and an S.J.D from the University of Toronto. Reichman clerked for the Hon. Justice Aharon Barak at the Israeli Supreme Court, and articled with Ephraim Abramson & Co., in Jerusalem.

He is the director of the Research Forum on the Rule of Law, and a Principal Investigator in the Minerva Center for the Study of the Rule of Law under Extreme Conditions.

• Constitutional Law
• Administrative Law
• Cyber and AI Regulation
• Risk Assessment, Sandboxing
• Comparative Constitutional Law
• Comparative Administrative Law
• Theories of Regulation
• Human Rights
• Separation of Powers
• Theories of Judicial Review
• Jurisprudence
• Law and Culture
• Emergency Law
• Theories of Interpretation
• Interpretation in Law; Judicial Discretion; Judicial Behavior; Judicial Ethics
• Formalism; Law and Morality; Law and Dominant Ideologies

Articles

• “Judicial Independence in Times of War: Prolonged Armed Conflict and Judicial Review of Military Actions in Israel”, 2011(1) UTAH L. R. 63-96 (2011)
• “Public Interests As Constitutional Rights?” with O. Gazal-Ayal, 41 Mishpatim (Hebrew University Law Review) 97-151 (Hebrew) (2011)
• “Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel”, 35 Law and Social Inquiry 919-956 (2010)
• “A Constitution for the State of Israel – A Revolution in Three Acts” Proceedings of the 60th Anniversary to Israeli Law (IDC, 2008), 10 Law and Business (IDC Law Review) 83-89 (2010)
• “Challenges for Nonprofit Organizations – A Theoretical Framework”, New England Journal of Public Policy (Special Issue) 1-10 (2010)
• “The Production of Law (and Cinema): Preliminary Comments on an Emerging Discourse”, 17 S. CAL. INTERDISCIPLINARY L. J. 457-506 (2008)
• “Ethics, Aesthetics and Law: The Third Man’s Three Prongs” with S. Almog, 46 STUDIES IN LAW, POLITICS AND SOCIETY 169-201 (Austin Sarat, ed.) (2008)
• “The “Social”, The “Legal” and Law-and-Society Research: A Quest for a Canon Amid Diverse Conversations”, 23 INTERNATIONAL SOCIOLOGY REVIEW OF BOOKS 181-193 (2008)
• “A Very Narrow Bridge: Constitutional Rules, Justice and Equity After The Negev Co-Existence Forum”, 37(3) MISHPATIM (Hebrew University Law Review) 701-758 (Hebrew) (2007)
• “The Dimensions of Law: Judicial Craft, Its Public Perception, and the Role of the Scholar”, 95 CALIFORNIA LAW REVIEW 1619-1675 (2007)
• “The Passionate Expression of Hate: Constitutional Protections, Emotional Harm and Comparative Law”, 31 FORDHAM ILJ 76-137 (2007)
• “Judicial Review, Occupation and Academic Discourse” On Professor David Kretzmer’s book: The Occupation of Justice – The Supreme Court of Israel and the Occupied Territories (Book Review), 8 MISHPAT UMIMSHAL 731-786 (2005)
• “Omnipresent Dignity: The Right for Human Dignity as Membership in the Community of Moral Agents”, 7 MISHPAT UMIMSHAL, 467-540 (Hebrew) (2005)
• “On Screen It Seems so Easy”, 22 BAR ILAN LAW STUDIES 45-80 (Hebrew) (2005)
• “The Voice of America in Hebrew – The US Influence on Israeli Freedom of Expression Doctrines”, 3 LAW, SOCIETY AND CULTURE 185-246 (Hebrew) (2005)
• “State or Family? Pursuant to The Nationality and Immigration Law (Temporary), 2003” with G. Davidov, J. Yovel and I. Saban, 1 Lawatch 69 (2004); Published also in 8 MISHPAT UMIMSHAL 643-700 (Hebrew) (2004-2005)
• “Casablanca: Judgment and Dynamic Enclaves in Law and Cinema” with S. Almog, 42 OSGOODE HALL L. J. 201-227 (2004)
• “The Democratic Deficit and The Constitutionality of the Economic Plan”, 10 AVODA CHEVRA UMISPAT 307-329 (Hebrew) (2004)
• “The New Broadcasting Agency – Models of Judicial Review” Center for Law and Technology Working Papers, Proceedings of the Conference on “The New Broadcasting Agency?” University of Haifa 61-66 (Hebrew) (2004)
• “Universal Jurisdiction in National Courts – Undermining Sovereignty or a New World Order?”, 17 IDF LAW REV. 49-96 (Hebrew) (2004)
• “Law, Literature and Empathy: Withholding and Reserving Judgment” Postscript to Martha Nussbaum’s POETIC JUSTICE Hebrew Edition, University of Haifa 161-179 (served as the basis for the expended version published by the Journal of Legal Education) (2003)
• “Law, Literature and Empathy: Withholding and Reserving Judgment”, POETIC JUSTICE 161-179 (2003)
• “On Law and Utopia: Rules vs. Principles? – A Comment on Ramiro Avilés’s Reply” with S. Almog, 14.1 UTOPIAN STUDIES, 143-148 (2003)
• “A Charter Free Domain: in Defense of Dolphin Delivery”, 35 U. B. C. L. REV. 329-392 (2002)
• “Professional Status and the Freedom to Contract: Towards a Common Law Duty of Non-Discrimination”, 19 CAN. J. LAW & JURIS. 79-132 (2001)
• “When We Sit to Judge We Are Being Judged: The Israeli G.S.S. Case, Ex Parte Pinochet and Domestic/Global Deliberation”, 9 CARDOZO J. INTL. & COMP. L. 41-103 (2001)
• “The User, the Superuser, and the Regulator: Functional Separation of Powers and the Plurality of the State in Cyber” with E. Haber, 35 Berkeley Technology Law Journal 431-50 (2020)
• “From a Panacea to a Panopticon: The Use and Misuse of Technology in the Regulation of Judges” with Y. Sagi & S. Balaban, 71 Hastings Law Journal 589-636 (2020)
• “Agencification and the Administration of Courts in Israel” with G. Lurie & Y. Sagy, (On-line publication – 2019) 14  Regulation and Governance 718-740 (2020)
• “Earthquake Readiness in Volatile Regions: The Case of Israel” with D. F. Shmueli, E. Segal, M. Ben Gal, E. Feitelson, 98 Natural Hazards 405-423 (2019)
• “50 Shades of Red: Property, Subversive Speech and Due Process between Market, Class, and Nation: A Comment of Laura Weinrib, The Taming of Free Speech: America’s Civil Liberties Compromise”,18 Jrslm. Rev. Legal Stud. 108 (2018)
• “Leadership Transforming Education: Leadership Style and Local Authority Involvement in Education” with N. Gal-Arieli, I. Beeri & E. Vigoda-Gadot, 52 Megamot 223-254 (Hebrew) (2018)
• “The Fall and Rise of Judicial Administration: The Foundation of the Administration of Courts, 1952” with G. Lurie & Y. Sagi, 169 Cathedra 143-167 (Hebrew) (2018)
• “How Can Regulatory Systems Be Assessed? The Case of Earthquake Preparedness in Israel” with D. F. Shmueli, M. Ben Gal, E. Segal, E. Feitelson, 25 Evaluation 80-98 (2018)
• “New localism or fuzzy centralism: policymakers’ perceptions of public education and involvement in education” with N. Arieli-Gal, I. Beeri, E. Vigoda-Gadot, 43 Local Government Studies 598-620 (2017)
• “A Year in Israeli Public – 2014: Analyzing Trends and Developments” 11 Haifa Law Review 205-260 (Hebrew) (2016)

Books

• “Judicial Constitution-Making in a Divided Society – The Israeli Case” CONSEQUENTIAL COURTS: NEW JUDICIAL ROLES IN GLOBAL PERSPECTIVE, (Robert Kagan, Diana Kapiszewsk & Gordon Silverstein (eds.)), Cambridge University Press (forthcoming) (2013)
• “Judicial Non-Dependence: Operational Closure, Cognitive Openness and the Underlying Rationale of The Provincial Judges Reference – The Israeli Perspective” JUDICIAL INDEPENDENCE IN CONTEXT 438-464, (Adam Dodek and Lorne Sossin (eds.)) Irwin Law, Canada (2010)
• “Criminalizing Religiously Offensive Satire: Free Speech, Human Dignity, and Comparative Law” EXTREME SPEECH AND DEMOCRACY 331-354, (Ivan Hare and James Weinstein (eds.)) Oxford University Press (2009)
• “Property Rights, Public Policy and the Limits of the Legal Power to Discriminate” HUMAN RIGHTS IN PRIVATE LAW 245-280, (D. Friedman & D. Barak-Erez (eds.)), Oxford: Hart Publishing (2001)
• “The Israeli Discourse on Torture: Political, Legal and International Aspects” with T. Kahana, TORTURE AS TORT: COMPARATIVE PERSPECTIVES ON THE DEVELOPMENT OF TRANSNATIONAL HUMAN RIGHTS LITIGATION,(C. Scott, ed.), 631-658, Oxford: Hart Publishing (Hebrew) (2001)

Other

• “When is Transparency Too Transparent”? Proceedings of Contemporary Challenges to the Scope of the Right of Access to Information: Drawing the Line between the Public, the Private & the Personal – Is a Common Standard Emerging?, (Soderton University, Stockholm, Sweden) (2010)
• “The Burden on the Judicial System – Comparative Caseload Analysis of 17 States” with R. Sulitzeanu-Kenan and E. Vigoda-Gadot, Published by the Manager of the Israeli Courts (Hebrew) (2008)
• “The Democratic Balance”, Globes 27.1.2003 (2003)
• “This Is Not The Way To Build A Constitution”, 35 Orech Hadin 42-43 (Feb. 2003) (Hebrew) (2003)
• “Israeli judges look to Canada for constitutional guidance”, The Canadian Jewish News B48-49, (5.9.2002) (2002)
• “Formal Legal Pluralism”, Bita’on Oniversitat Haifa 18-20 (Autumn 2002) (Hebrew) (2002)

• Post Doc: Center for Ethics and the Profession, Harvard University (2001)
• S.J.D., University of Toronto (2000)
• LL.M., University of California at Berkeley (Boalt Hall) (1996)
• LL.B., Hebrew University, Jerusalem, Israel (1994)

Legal positions in the past

• Associate, Abramson and Co., Jerusalem 1995 (specialized in freedom of expression, administrative law and corporate law).
• Clerk, Supreme Court of Israel, for Hon. Aharon Barak, Associate Chief Justice, 1994-95
• Co-Director, Interns Program, Israeli Parliament (Knesset) and Israeli Institute For Democracy (IDI) 1993 -1994