Prof.

Iddo Porat

Academic Center of Law and Business, 26 Ben Gurion St., Ramat Gan, Israel
Tel (office): +972-3-6000813, Tel (mobile): +972-50-6817368
Email: [email protected]
1. Higher Education

1998 LL.B. - The Hebrew University, Jerusalem, Joint Program of

the Faculty of Law and the Department of Philosophy (magna
cum laude).
2001 J.S.M. – Stanford University (Stanford Program for
International Legal Studies - SPILS)
2004 J.S.D. – Stanford University (Supervisor: Prof. Tom Grey,
Dissertation Committee: Prof. Tom Grey, Prof. Barbara Fried,
and Prof. Cathleen Sullivan)

2. Student Positions, Activities and Honors

1999-2000 Editor, Stanford Journal of International Law (Member of

the Article Submissions Committee)
1999-2000 Member of the Stanford International Student Association.
1999 Research Assistant to Prof. Lawrence Friedman (Stanford), and
to Prof. Morton Horwitz (Harvard – visiting at Stanford)
1995-1997 Research Assistant to Prof. Ruth Gavison (Hebrew University);
Teaching Assistant in first year course on Jurisprudence
1995-1996 Dean’s List, Hebrew University School of Law.

3. Clerkships and Internships

1998-1999 Clerk, Honorable Justice Dalia Dorner, Supreme Court of

Israel
Summer 2001 Summer Associate, Debevoise & Plimpton, LL.P, New York,
New York

4. Academic Ranks and Teaching Positions in Institutes of Higher Education

2015-present Associate Professor, College of Law and Business (CLB),

Israel
2010-2015 Senior Lecturer, College of Law and Business (CLB), Israel
2004 –2010 Lecturer, College of Law and Business (CLB), Israel
2010, 2011, 2012, 2014 Visiting Professor, San Diego University School of
Law. Teaching an intensive course on Global Constitutionalism
and on Legal and Constitutional Challenges in the Middle East
2008-2009 Visiting Professor, San Diego University School of Law
(Sabbatical Year)
2002-6, 2013-present Adjunct Lecturer, Hebrew University Faculty of Law (First
Year course, Constitutional Law. Course ranked 14 out of 107
in terms of student evaluations for 2015)
2005-2006 Adjunct Lecturer, Interdisciplinary Center, Herzliya

1
5. Offices in Academic Administration

2011-2012 Head of the Human Rights Program

2011-2013, 2015-present Member, Appointment's Committee
2009-present Member, Teaching Committee
2005-7, 2009-present Head of the Faculty Colloquium
2005-2008 Head of the Program for Academic Legal Writing

6. Other Scholarly Activities

Member of the Public Law Teachers Forum

Member of the Legal Ethics Teachers Forum
Member of Doctorate Committee (Hebrew University); Member of Promotions
Committee (Carmel College of Law, Ono College)
Referee: Journal of International Constitutional Law (I-CON); Ratio Juris; Journal of
Law and Courts (Virginia Law School); Cambridge University Press (book proposals)
Hebrew University Law Review; Israel Law Review; Haifa University Law Review.

7. Teaching

Mandatory courses: Constitutional Law, Administrative Law, Legal Ethics,

Introduction to Israeli Law, Law and Moral Philosophy
Elective courses: Judges, Adjudication and Politics,
Balancing Interests in Constitutional Law,
The limits of Freedom of Speech in Israel
Seminars Purpose and Intention in Constitutional Law
Law, Literature and Cinema
Teaching Abroad Global Constitutionalism (University of San Diego School of
Law)
Legal and Constitutional Challenges in the Middle East
(University of San Diego School of Law)
8. Publications

(In all co-authored publication there is equal participation of both authors.)

A. Books

1. PROPORTIONALITY AND CONSTITUTIONAL CULTURE (CAMBRIDGE

UNIVERSITY PRESS, 2013) (co-authored with Moshe Cohen-Eliya) (184
pages). (A symposium issue on the book was published in the JERUSALEM
REVIEW OF LEGAL STUDIES (OUP); Book review published at 51 Common
Market Law Review 1305 (2014)).

B. Edited Books and Special Journal Issues

1. RIGHTS, BALANCING AND PROPORTIONALITY, Volume 6 oF LAW AND ETHICS

OF HUMAN RIGHTS (Co-edited with Moshe Cohen-Eliya): (Berkeley
Electronic Press, 2010) (two separate issues of the volume)

2
C. Articles in Refereed Journals (published and accepted for publication)

1. Who is Afraid of Channel 7? (with Issi Rosen-Zvi) 38 STANFORD JOURNAL OF

INTERNATIONAL LAW 79 (2002)
2. The Dual Model of Balancing: A Model for the Proper Scope of Balancing in
Constitutional Law, 27 CARDOZO LAW REVIEW 1393 (2006).
3. On the Jehovah Witnesses Cases, Balancing Tests, Indirect Infringement of
Rights and Multiculturalism: a Proposed Model for Three Kinds of
Multicultural Claims 1 LAW AND ETHICS OF HUMAN RIGHTS 429 (2007).
4. The Hidden Foreign Law Debate in Heller: Proportionality Approach in
American Constitutional Law, 46 SAN DIEGO LAW REVIEW 367 (2009) (co-
authored with Moshe Cohen-Eliya)
5. Sixty Years of Balancing: on the Transformation from Instrumental to
Substantive Balancing in Israeli Law, 10 LAW AND BUSINESS 347 (2010) (in
Hebrew)
6. The Plural Applications of Value Pluralism 46 SAN DIEGO LAW REVIEW 909
(2010)
7. American Balancing and German Proportionality: The Historical Origins,
8(2) I.CON – INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW 263 (2010)
(co-authored with Moshe Cohen-Eliya) (this paper was chosen to be presented
at the inaugural meeting of the Harvard-Stanford International Junior Faculty
Forum in October 2008)
7b. American Balancing and German Proportionality: The Historical Origins
Reprinted in BRIAN BIX AND HORACIO SPECTOR (EDS.) RIGHTS: CONCEPTS
AND CONTEXTS (Ashgate 2012)
8. Proportionality and the Culture of Justification, 59 AMERICAN JOURNAL OF
COMPARATIVE LAW 463 (2011) (with M. Cohen-Eliya).
8.a. *Proportionality and the Culture of Justification A Chinese translation
has been published in NANJING UNIVERSITY L. REV. (2012)
9. The Double Effect of Rules and Standards: On Graham, Minimalism and
Judicial Control (with M. Cohen-Eliya) 26 CANADIAN JOURNAL OF LAW AND
JURISPRUDENCE 283 (2012)
10. Proportionality and Justification, 64 TORONTO L. J. 458 (2014) (with M.
Cohen-Eliya) (review article 20 pages).
11. Indifference and Discrimination, 44 ISRAEL YEARBOOK ON HUMAN RIGHTS
87 (2014)
12. The Global Model of Rights and Exclusionary Reasons: Comments on Kai
Möller's The Global Model of Constitutional Rights 10 JERUSALEM REVIEW
OF LEGAL STUDIES 193 (OUP) (2014)
13. Reply to Commentators on Proportionality and Constitutional Culture (with
M. Cohen-Eliya) 10 JERUSALEM JOURNAL OF LEGAL STUDIES 159 (OUP)
(2014)
14. Preferring One’s Own Civilians: May Soldiers Endanger Enemy Civilians
More Than They Would Endanger Their State’s Civilians? (with Z. Bohrer),
47 GEORGE WASHINGTON INTERNATIONAL LAW REVIEW 99 (2015)
15. The Knobe Effect, Indifference, and Constitutional Law (with M. Cohen-Eliya)
forthcoming in 9 LAW AND ETHICS OF HUMAN RIGHTS (2015)

3
 16. Three Principles of Group Rights: When are Group Rights Petitions Accepted
in Israel? forthcoming in BAR ILAN LAW REVIEW (2016 – final stages of
publication) (Hebrew)
17. The Administrization of Constitutional Law, forthcoming in TEL AVIV LAW
REVIEW (2016 – final stages of publication) (Hebrew)
18. Lost in Translation: Constitutional Concepts Between Europe and America
forthcoming in INTERNATIONAL JOURNAL OF LAW IN CONTEXT (2016 –
accepted for publication, in editing process)

D. Chapters in Books (published and accepted for publication)

1. What is the Difference Indeed?: a Response to David Enoch’s Article 'What is

the Difference Between Terrorist Acts and Targeted Killings?' in MORDECHAI
KREMNITZER (ED.), THE HARMING OF INNOCENT VICTIMS (2007) (HEBREW)
2. Some Critical Thoughts on Proportionality in GIORGIO BONGIOVANNI,
GIOVANNI SARTOR AND CHIARA VALENTINI (EDS.), REASONABLENESS AND
THE LAW, 251 (2009)
3. The Use of Foreign Law in Israeli Constitutional Decisions in GIDEON SAPIR,
DAPHNE BARAK-EREZ & AHARON BARAK (EDS.), ISRAELI CONSTITUTIONAL
LAW IN THE MAKING (HART 2013)
4. Mapping the American Debate over Balancing in: GREGOIRE WEBER, GRANT
HUSCROFT, AND BRADLEY MILLER (EDS.), PROPORTIONALITY AND THE RULE
OF LAW: RIGHTS, JUSTIFICATION, REASONING (CAMBRIDGE UNIVERSITY
PRESS 2013).
5. Administrative law, Constitutional Law, and Proportionality: The
Administrative Origins of Constitutional Rights and How They Shaped Global
Constitutionalism in VICKY JACKSON AND MARK TUSHNET (EDS.)
PROPORTIONALITY: NEW FRONTIERS, NEW CHALLENGES (CAMBRIDGE
UNIVERSITY PRESS) (forthcoming 2016, article co-written with Moshe Cohen-
Eliya)

E. Op-Eds.

1. Haaretz – A Ride in the Bus of Fools (on cultural clashes in the Israeli society
through the lens of public transportation) 2010 (Hebrew)
2. Haaretz – The Rabin Game (on teaching pre-school children on the Rabin
Assassination) 2010 (Hebrew)
3. Haaretz – A Continuous Constitutional Crisis (on the implication of the
nomination of Ayelet Shaked to the position of minister of justice) 2015
(Hebrew)

F. Works in Progress

1. Blood and Religion: The Constitutional Debate in Europe over Ritual Animal
Slaughter and Male Circumcision (article presented at a conference on
Animal Rights in Comparative Constitutional Law, held at Harvard Law
School, February 2016).
2. The Hidden Text of the Israeli Constitution (article written for a conference
on The Invisible Constitution in Comparative Perspectives, to be held in
Melbourne, Australia, on May 2016)

4
 3. Nominations for High State Offices in Israel: Media, Politics and the
Attorney General, in an Unstable Setting (written for an issue of Haifa Law
Review on the Attorney General) (Hebrew)

9. Participation in Scholarly Conferences and Workshops (Selected)

2016 Sau Paulo Forthcoming. Guest Constitutional Scholar Lecture Series. San
Paulo University, Faculty of Law. Invited to present a lecture
and a faculty workshop. Topic to be determined.
2016 Melbourne Forthcoming. Closed workshop on "The Invisible Constitution
in Comparative Perspective” in The Centre for Comparative
Constitutional Studies at Melbourne Law School. Presenting a
paper on The Hidden Text of the Israeli Constitution.
2016 Boston Forthcoming. Global Constitutionalism and Rights: Law and
Ethics of Human Rights Annual Conference. Co-organizing the
conference and presenting a paper on The Hidden Text of the
Israeli Constitution.
2016 Berlin Forthcoming. Society of International Public Law (ICON-S)
Annual Conference. Co-organizing a panel (with Shai Lavi, and
Kai Moller) on Blood and Religion: Animal Ritual Slaughter
and Male Circumcision, and presenting a paper on this topic.
2016 Haifa Forthcoming. Conference on 20 years for the Mizrahi Case.
2016 Harvard Closed workshop on Animal Rights in Comparative
Constitutional Law, Harvard Law School, February 2016.
Presenting an article on Blood and Religion: The Constitutional
Debate in Europe over Ritual Animal Slaughter and Male
Circumcision.
2015 NY International Society of Public Law (ICON-S) Annual
Conference, co-organizing a panel and presenting the paper The
Administrative Model of Constitutional Rights (with Moshe
Cohen-Eliya)
2015 Harvard Closed workshop on Proportionality at Harvard Law School.
Organized by Vicki Jackson and Mark Tushnet. Among the
participants were Aharon Barak, and Frank Michelman,
Presenting an article on The Administrative Origins of the
Global Model (with Moshe Cohen-Eliya). Proceedings to be
published in a book collection.
2014 Cambridge Annual Applied Philosophy Conference. Presenting a paper on
Indifference and the Knobe Effect
2014 London London School of Economics, Legal and Political Theory
Forum. Workshop on my book, PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (2013) (co-authored with Moshe
Cohen-Eliya) and on two other books.
2014 Florence International Society of Public Law (ICON-S) Inaugural
Conference, Panel on Proportionality and Global
Constitutionalism (co-organizing the panel and presenting my
co-authored book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE)

5
2013 Vancouver Canadian Association of Law and Society Conference: "Law on
the Edge". Presenting a paper titled The Use of Foreign Law in
Israeli Constitutional Adjudication
2013, Jerusalem Book symposium on my book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (CUP 2013) (co-authored with
Moshe Cohen-Eliya) as part of the Hebrew University
Jerusalem Review Legal Studies book symposium series.
Replying to three commentators on the book: Prof. Kai Moller
(LSE), Prof. Mordechai Kremnitzer (Hebrew U), and Dr. Adam
Shen'ar (IDC). The proceedings were published in the
JERUSALEM JOURNAL OF LEGAL STUDIES (OUP, 2014).
2013, CLB Conference on my book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (CUP 2013) (co-authored with
Moshe Cohen-Eliya) and Prof. Aharon Barak's book
PROPORTIONALITY: CONSTITUTIONAL RIGHTS AND THEIR
LIMITATIONS (2012, CUP). An exchange with Prof. Aharon
Barak, following the publication of the two books.
2013 Tel Aviv Tel Aviv Law Review Symposium on "The Law of the
Parliament" at Tel Aviv University Faculty of Law. Presenting
a paper on The Administrization of Constitutional Law.
2013 CLB Panel on my book PROPORTIONALITY AND CONSTITUTIONAL
CULTURE (CUP 2013) (co-author Moshe Cohen-Eliya) at The
Annual Conference of the Israeli Law and Society Association.
Responding to comments on the book by Prof. Margit Cohn
(Hebrew U), Dr. Benjamin Blum (Hebrew U), and Dr. Rivi
Weil (IDC).
2012 Jerusalem International Conference on "Equality of Opportunity", Hebrew
University Department of Political Science. Presenting a paper
on Between Intentional Discrimination and Discriminatory Side
Effects
2012 IDC International Conference, "Democracy – a Telling Story" giving
a talk on Democracy and Justification
2011 Jerusalem Conference on "20 Years to the Constitutional Revolution in
Israel". Presenting a paper on Abstract and Concrete Review in
Israel
2011 Tel Aviv Conference "Israeli Constitutional Law in the Making –
Comparative and Global Perspectives". Presenting a paper on
The Use of Foreign Law in Israeli Constitutional Decisions
2010 Sheffield Sheffield University International Conference on War and Self
Defense (papers accepted after review). Paper on Harming
Civilians at War. Among the participants were Prof. Francis
Kamm, Prof. Jeff McMahan, and Prof. Noam Zohar.
2010 Jerusalem Two-day workshop on Hebrew Law and Legal Theory. Giving
a talk on Natural Law Theory and Hebrew Law.
2009 Los Angeles Pepperdine University Southern California Junior Law Faculty
Workshop. Presenting a paper on Preferring One’s Own
Civilians
2009 San Diego Institute for Law and Philosophy, San Diego Law School.
Commenting on a paper, on Value Pluralism and the Law, in a
conference on Isaiah Berlin and Value Pluralism (Feb). Active

6
 participant in two other Law and Philosophy Workshops: The
Rationality of Rule Following (Sept.), Robert Nozick and
Lockean Libertarianism (Apr.)
2008, Stanford Harvard-Stanford International Junior Faculty Forum. An
article titled American Balancing and German Proportionality:
The Historical Origins (co-authored with Dr. Moshe Cohen-
Eliya) was chosen after a rigorous selection process (10 out of
hundreds of proposals) and presented and commented on in the
inaugural meeting of the Harvard-Stanford International Junior
Faculty Forum, which took place at Stanford Law School on
October 2008.

10. Invited Lectures/Colloquium Talks (Selected)

2016 Jerusalem Public Law and Human Rights Workshop of the Hebrew
University Faculty of Law and the Minerva Center for Human
Rights. Presenting a paper on Justice Scalia's Legacy in
Comparative Perspective: On Ritual Animal Slaughter,
Circumcision, and the Smith Doctrine.
2016 Jerusalem The Jerusalem Political Philosophy Forum, Hebrew University.
Presenting a paper on Blood Matters: On Ritual Animal
Slaughter, Circumcision, and Religious Freedom in
Comparative Constitutional Law.
2015 CLB Faculty Seminar. Presenting my paper The Administrization of
Administrative Law.
2014 San Diego University of San Diego School of Law Faculty Colloquium.
Presenting a Chapter from the book PROPORTIONALITY AND
CONSTITUTIONAL CULTURE (2013) (co-authored with Moshe
Cohen-Eliya).
2013 CLB Faculty Seminar Talk, presenting the paper, Indifference and
the Knobe Effect
2012 Bar Ilan Colloquium on Public and Criminal Law, presenting a paper on
Indifference and the Knobe Effect
2012 IDC Interdisciplinary Center, Herzliya. Faculty Seminar, presenting
a paper on Indifference and the Knobe Effect
2012 San Diego University of San Diego, School of Law, Faculty Seminar,
presenting a paper on: Indifference and the Violation of Rights
2012 Jerusalem Hebrew University Forum of Political Science. Presenting a
Paper on: Indifference and the Violation of Rights.
2011 San Diego University of San Diego, School of Law, Faculty Seminar,
presenting a paper on The Use of Foreign Law in Israeli
Constitutional Decisions.
2010 San Diego University of San Diego, School of Law, Faculty Seminar,
presenting a paper on The Double Effect of Rules and
Standards: On Graham, Minimalism and Judicial Control.
2009 Jerusalem Hebrew University, Forum for Law and Philosophy, and Forum
for Public Law, guest speaker – presenting a paper on
Preferring One’s Own Civilians.
2009 Jerusalem Hebrew University, Philosophy Department, Faculty Seminar –
presenting a paper on Preferring One’s Own Civilians.

7
2009 Los Angeles University of California, Los Angeles, School of Law, Faculty
Seminar – presenting a paper on The Historical Origins of
Balancing and Proportionality.
2009 San Diego University of San Diego, School of Law, Faculty Seminar –
presenting a paper on The Hidden Foreign Law Debate in
Heller.
2008 New York New York Law School, Scholarship Luncheons – presenting a
paper on American Balancing versus European Proportionality.
2007 Kingston Queens University, School of Law, guest visiting lecturer, in
the Visiting Lecturer Series – presenting a paper on Why All
Attempts to Make Judicial Review Balancing Principled Fail.
http://law.queensu.ca/events/lectureshipsVisitorships.html
2006 New York Cardozo Law School – presenting a paper on The History of
American Constitutional Balancing.
2006 Cambridge Cambridge University, Cambridge Forum for Legal and
Political Philosophy – presenting a paper on Second-Order
Reasoning: Raz, Frankfurt and Rawls.
2005 Paris Paris X University at Nanterre, Center for Jurisprudence,
Faculty Seminar – presenting a paper on Balancing in
Constitutional Law.
11. Public Lectures
2014 Tel Aviv Open University – Public Lectures Series ("Ascolot") – giving a
lecture on "The Constitutional Revolution – Real or Imagined?"

12. Organization of Conferences or Sessions

2016 Co-Organizer (together with Tally Kritzman-Amir) of an
international researchers' workshop on Human Rights and Non-
Humans (forthcoming, CLB, January 2016)
2015 Co-organizer (together with Gila Stopler) of the Inaugural
Conference of the Israeli Branch of the International Society of
Public Law (ICON-S). An international conference under the
auspices of NY University School of Law. (CLB, May 2015)
2014 Co-organizer of an international researchers' workshop
(together with Moshe Cohen-Eliya) on Human Rights and the
Human Mind. (Participants include, Joshua Greene (Harvard)
Glenn Cohen (Harvard))
2012 Co-organizer (together with Dr. Eyal Katvan) of the Israeli
Association of Law and Society (ISLA) Annual conference 2012.
The conference included 150 speakers in more than 30 sessions,
including the Israeli Justice Minister, Israeli Supreme Court
Justices, and leading members of the Israeli and international
legal academia.
2011 Organizer of an open discussion between Israeli academics and
Prof. Alan Dershowitz, Harvard Law School, on Israeli on the
Campus, Challenges and Dilemmas Facing Israeli Academics
2010 Co-organizer (together with Dr. Gila Stopler) of an international
researchers' workshop on Rights and Reciprocity. Among the
participants were Prof. Thomas Shelby (Harvard), Prof. Stewart
White (Oxford), Prof. Stephan Macedo (Princeton),

8
2010 Co-organizer of an international researchers' workshop
(together with Moshe Cohen-Eliya) on Rights, Balancing and
Proportionality. Among the participants were Robert Alexy
(Kiel), Aharon Barak (Interdisciplinary Center, Herzliya),
Georg Nolte (Humboldt University, Berlin), Thomas Franck
(NYU) Alec Stone-Sweet (Yale), Mattias Kumm (NYU), and
Stephen Gardbaum (UCLA).
(http://www.clb.ac.il/workshops/2009/index.html)

13. Scholarships and Awards

2008 Harvard-Stanford Forum for International Junior Faculty
Harvard: award for selected paper, covering travel expenses to
Stanford University.
2007 Israel-Canada, Faculty Research Program, Government of
Canada: grant covering the expenses of a research in the
university of Toronto, Canada, on Israeli balancing Balancing
and Canadian pProportionality.
2002 Hebrew University Faculty of Law: Doctorate Fellows Grant, in
support of the completion of a doctorate dissertation.

14. Areas of Interest:

Constitutional Law; Comparative Constitutional Law and Global
Constitutionalism; Legal Theory and Philosophy of Law; Just War Theory; Law,
Cinema and Literature.