Yoav Dotan
Biographic Data
| ID | 1323382 |
|---|---|
| NAME | Yoav Dotan |
| GIVEN NAMES | Yoav |
| FAMILY NAME | Dotan |
| SIGNATURE | DOTAN Y |
| AFFILIATIONS | Hebrew University of Jerusalem |
| VERIFIED | No |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 94 |
| AUTHOR COUNT | 11 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 5 |
Between the Agency and the Court
Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regu…
Can Institutions Make Voters Care about Corruption
Voters' punishment of corrupt politicians at the ballot box is oftentimes modest, at best. Recent studies suggest that this minor electoral sanctioning is due to limited corruption information and to the relative weakness of integrity considerations in voting behavior. We demonstrate that anticorruption measures taken by elite institutions—in this case, the Israeli Supreme Court—in close proximity to an election can increase electoral sanctioning…
Open and Closed Judicial Review of Agency Action
A fundamental issue of judicial review of administrative agency action is what materials a reviewing court is permitted to consider. Under a system of closed review, the reviewing court cannot consider evidence that was not introduced at the agency level, reasons that the agency did not assert when it made the decision, or arguments that were not advanced at the agency level. A system of open review permits the agency to consider new evidence, re…
The “Public”, the ‘Private’, and the Legal Norm of Equality
Les cours, devraient-elles appliquer le concept d'égalité tel que développé dans la jurisprudence de droit public aux controverses entre des parties privées? Je propose dans cette note critique que, dans nos sociétés contemporaines, la distinction entre les concepts du «privé» et du «public» se fonde sur la manière de traiter de l'égalité dans ces deux champs d'activité sociale. Il en est ainsi parce que les choses qui sont considérées dans nos s…
The Spillover Effect of Bills of Rights
Journal Article The Spillover Effect of Bills of Rights: A Comparative Assessment of the Impact of Bills of Rights in Canada and Israel Get access Yoav Dotan Yoav Dotan *Edwin A. Goodman Associate Professor of Law and Dean, Faculty of Law, Hebrew University, Jerusalem. The article is based on research supported by a grant from The Helbert Center for Canadian Studies, The Hebrew University, Jerusalem. I am indebted to Lorne Sossin for his insightf…
Legal Defeats—Political Wins
Why do political parties and politicians turn to litigation instead of using political channels in their efforts to affect public policies? Over the past 20 years, there has been a noticeable trend in which Israeli parties and politicians have turned to the courts for intervention in national and internal party affairs, government policies, and even parliamentary procedures. The authors argue that this phenomenon is tied to the growth of open com…
Judicial accountability in Israel
Interest Groups in the Israeli High Court of Justice
The question of whether and to what extent interest groups are more successful than other parties in litigation is the subject of many debates among social scientists. Previous works in the field concentrated on checking outcomes of cases that were disposed of by courts in officially published final decisions. We sought to analyze not only final court decisions but also the outcomes of out‐of‐court settlements. Drawing from Marc Galanter’s hypoth…
Public Lawyers and Private Clients
Cause lawyering is often criticized for creating an untenable tension between the professional obligations of the lawyer to the individual client and the lawyer’s ideological commitment to public causes. I sought to test empirically the validity of this argument by comparing the relative success rates of political lawyers and non‐political lawyers in defending their clients’ interests in litigation concerning house‐demolition orders before the Is…
Judicial Rhetoric, Government Lawyers, and Human Rights
Many studies suggest that courts fail to protect individual rights since they support and uphold state repressive practices during periods of emergency or confrontation. Previous studies focused on judicial policies as reflected injudicial declarations and decisions that were fully disposed by judges and officially published. I argue that the study of out-of-court settlements and the comparison between the outcomes of settlements and the judicial…
Do the "Haves" Still Come Out Ahead? Resource Inequalities in Ideological Courts
This research note examines the relations between judicial preferences, institutional concerns, and litigation outcomes. I found that in litigation before the Israeli High Court of Justice, the "haves" enjoyed only a limited advantage over "have nots" in litigation outcomes. I also found that when "have nots" were represented by legal counsel, the "haves" did not come out ahead. Ideological propensities of judges and considerations of institution…
Do the "Haves" Still Come Out Ahead? Resource Inequalities in Ideological Courts
This research note examines the relations between judicial preferences, institutional concerns, and litigation outcomes. I found that in litigation before the Israeli High Court of Justice, the "haves" enjoyed only a limited advantage over "have nots" in litigation outcomes. I also found that when "have nots" were represented by legal counsel, the "haves" did not come out ahead. Ideological propensities of judges and considerations of institution…
Judicial Rhetoric, Government Lawyers, and Human Rights
Many studies suggest that courts fail to protect individual rights since they support and uphold state repressive practices during periods of emergency or confrontation. Previous studies focused on judicial policies as reflected injudicial declarations and decisions that were fully disposed by judges and officially published. I argue that the study of out-of-court settlements and the comparison between the outcomes of settlements and the judicial…
Legal Defeats—Political Wins
Why do political parties and politicians turn to litigation instead of using political channels in their efforts to affect public policies? Over the past 20 years, there has been a noticeable trend in which Israeli parties and politicians have turned to the courts for intervention in national and internal party affairs, government policies, and even parliamentary procedures. The authors argue that this phenomenon is tied to the growth of open com…
Interest Groups in the Israeli High Court of Justice
The question of whether and to what extent interest groups are more successful than other parties in litigation is the subject of many debates among social scientists. Previous works in the field concentrated on checking outcomes of cases that were disposed of by courts in officially published final decisions. We sought to analyze not only final court decisions but also the outcomes of out‐of‐court settlements. Drawing from Marc Galanter’s hypoth…
Can Institutions Make Voters Care about Corruption
Voters' punishment of corrupt politicians at the ballot box is oftentimes modest, at best. Recent studies suggest that this minor electoral sanctioning is due to limited corruption information and to the relative weakness of integrity considerations in voting behavior. We demonstrate that anticorruption measures taken by elite institutions—in this case, the Israeli Supreme Court—in close proximity to an election can increase electoral sanctioning…
Judicial accountability in Israel
Public Lawyers and Private Clients
Cause lawyering is often criticized for creating an untenable tension between the professional obligations of the lawyer to the individual client and the lawyer’s ideological commitment to public causes. I sought to test empirically the validity of this argument by comparing the relative success rates of political lawyers and non‐political lawyers in defending their clients’ interests in litigation concerning house‐demolition orders before the Is…
Public Lawyers and Private Clients
Cause lawyering is often criticized for creating an untenable tension between the professional obligations of the lawyer to the individual client and the lawyer’s ideological commitment to public causes. I sought to test empirically the validity of this argument by comparing the relative success rates of political lawyers and non‐political lawyers in defending their clients’ interests in litigation concerning house‐demolition orders before the Is…
Judicial Rhetoric, Government Lawyers, and Human Rights
Many studies suggest that courts fail to protect individual rights since they support and uphold state repressive practices during periods of emergency or confrontation. Previous studies focused on judicial policies as reflected injudicial declarations and decisions that were fully disposed by judges and officially published. I argue that the study of out-of-court settlements and the comparison between the outcomes of settlements and the judicial…
Do the "Haves" Still Come Out Ahead? Resource Inequalities in Ideological Courts
This research note examines the relations between judicial preferences, institutional concerns, and litigation outcomes. I found that in litigation before the Israeli High Court of Justice, the "haves" enjoyed only a limited advantage over "have nots" in litigation outcomes. I also found that when "have nots" were represented by legal counsel, the "haves" did not come out ahead. Ideological propensities of judges and considerations of institution…
Interest Groups in the Israeli High Court of Justice
The question of whether and to what extent interest groups are more successful than other parties in litigation is the subject of many debates among social scientists. Previous works in the field concentrated on checking outcomes of cases that were disposed of by courts in officially published final decisions. We sought to analyze not only final court decisions but also the outcomes of out‐of‐court settlements. Drawing from Marc Galanter’s hypoth…
Judicial accountability in Israel
The “Public”, the ‘Private’, and the Legal Norm of Equality
Les cours, devraient-elles appliquer le concept d'égalité tel que développé dans la jurisprudence de droit public aux controverses entre des parties privées? Je propose dans cette note critique que, dans nos sociétés contemporaines, la distinction entre les concepts du «privé» et du «public» se fonde sur la manière de traiter de l'égalité dans ces deux champs d'activité sociale. Il en est ainsi parce que les choses qui sont considérées dans nos s…
The Spillover Effect of Bills of Rights
Journal Article The Spillover Effect of Bills of Rights: A Comparative Assessment of the Impact of Bills of Rights in Canada and Israel Get access Yoav Dotan Yoav Dotan *Edwin A. Goodman Associate Professor of Law and Dean, Faculty of Law, Hebrew University, Jerusalem. The article is based on research supported by a grant from The Helbert Center for Canadian Studies, The Hebrew University, Jerusalem. I am indebted to Lorne Sossin for his insightf…
Legal Defeats—Political Wins
Why do political parties and politicians turn to litigation instead of using political channels in their efforts to affect public policies? Over the past 20 years, there has been a noticeable trend in which Israeli parties and politicians have turned to the courts for intervention in national and internal party affairs, government policies, and even parliamentary procedures. The authors argue that this phenomenon is tied to the growth of open com…
Open and Closed Judicial Review of Agency Action
A fundamental issue of judicial review of administrative agency action is what materials a reviewing court is permitted to consider. Under a system of closed review, the reviewing court cannot consider evidence that was not introduced at the agency level, reasons that the agency did not assert when it made the decision, or arguments that were not advanced at the agency level. A system of open review permits the agency to consider new evidence, re…
Between the Agency and the Court
Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regu…
Can Institutions Make Voters Care about Corruption
Voters' punishment of corrupt politicians at the ballot box is oftentimes modest, at best. Recent studies suggest that this minor electoral sanctioning is due to limited corruption information and to the relative weakness of integrity considerations in voting behavior. We demonstrate that anticorruption measures taken by elite institutions—in this case, the Israeli Supreme Court—in close proximity to an election can increase electoral sanctioning…
Law (11 works) · Political science (11 works) · Judicial and Constitutional Studies (8 works) · Law (8 works) · Sociology (6 works) · Economic Justice (5 works) · Law and economics (5 works) · Law, Economics, and Judicial Systems (5 works) · Politics (5 works) · Economics (4 works)