עברית

Dr. Adam Shinar

Harry Radzyner Law School S.J.D., Harvard University

Areas of expertise

Administrative law
Labor Law
Constitutional Law
Philosophy of Law
Comparative Constitutional Law

Dr. Adam Shinar is a Senior Lecturer (Associate Professor) at the Harry Radzyner Law School at Reichman University. He holds an S.J.D. from Harvard Law School, where he also served as the Clark Byse Fellow. He also holds an LL.B. from the Hebrew University in Jerusalem and an LL.M. from Harvard Law School. He clerked for the President of the Israeli Supreme Court, Aharon Barak, and worked as an attorney for several human rights NGOs in Israel and India.

He specializes in constitutional law and theory and comparative constitutional law. His academic interests include labor law, administrative law, legal theory, sociology of law, and political philosophy. He has written on diverse topics, such as obedience to law by public officials, judicial review, constitutional interpretation, public sector reforms, constitutional rights in the Occupied Territories, and freedom of speech. More recently, he is working on the history of films and plays in Israel.

Dr. Shinar’s publications appeared in leading journals such as The American Journal of Comparative Law, the International Journal of Constitutional Law, Global Constitutionalism, Constitutional Commentary, the Theory and Practice of Legislation, and the Connecticut Law Review, among others. His research was presented in leading universities such as Harvard Law School, Yale Law School, the University of Oxford, the University of Cambridge, and the European University Institute, in addition to being cited by the Israeli Supreme Court.

Dr. Shinar was awarded the 2013 Israeli Association of Public Law Gorni Prize for Young Researchers. He is a member of the Board of Directors of the Association for Civil Rights in Israel, and an academic advisory board member of the Israel Supreme Court Project at Cardozo Law School, Yeshiva University. He also served as a visiting professor at Católica University Law School in Lisbon.
Two Concepts of Constitutional Legitimacy, Global Constitutionalism (forthcoming 2022) (with Alon Harel)

Deconstructing Mixed Constitutions, Law & Ethics of Human Rights (forthcoming 2022)

Freedom of Expression in Israel: Origins, Evolution, Revolution and Regression, in The Oxford Handbook on the Israeli Constitution (Aharon Barak, Barak Medina, Yaniv Roznai, eds.) (forthcoming 2022)

Democratic Backsliding, Subsidized Speech, and the New Majoritarian Entrenchment, 69 American Journal of Comparative Law 335 (2021).

Security in the Jewish State: On Judge Cheshin's Conception of Security, 26 IDC L. Rev. (forthcoming 2021) (Hebrew)

Expertise in the Law, in Expertise and Excellence: A Multidisciplinary Perspective 165 (Gershon Tenenbaum & Yair Galily eds., 2021) (with Yaniv Roznai) (Hebrew)

Section 7 of the Basic Law: Nation State - Can the Controversy be Settled? 20 Democratic Culture 127 (2021) (with Ronit Levine-Schnur) (Hebrew)

From Promise to Retrenchment? On the Changing Landscape of Israeli Constitutionalism, 18 Int'l J. Const. L. 714 (ICON) (2020) (with Barak Medina and Gila Stopler)

The Ideologies of Global Constitutionalism, 8 Global Constitutionalism 12 (2019).

Populism, Free Speech and the Anti-Entrenchment Principle, in New Politics of Decisionism 107 (Violeta Besirevic ed., 2019).

Israel's External Constitution: Friends, Enemies, and the Constitutional/Administrative Law Distinction, 57 Va. J. Int'l. L. 735 (2018).

The Real Case for Judicial Review, in Elgar Research Handbook on Comparative Judicial Review 13 (Erin Delaney & Rosalind Dixon, eds., 2018) (with Alon Harel).

Affirmative Empathy, 15 Labor, Law & Soc'y 37 (2018) (with Yofi Tirosh) (Hebrew).

The Case Against Police Militarization, 23 Mich. J. L. & Race 105 (2018) (with Eliav Lieblich)

Abuse of Organizational Power: New Trends in Research and Legal Regulation, 21 L. & Bus. 223 (2018) (with Galia Schneebaum) (Hebrew)

Free Speech, Free Finance, and the Anti-Entrenchment Principle, 12 Hebrew U. L. Rev. Online 29 (2018) (Hebrew)

One Rule to Rule them All? Rules of Law against the Rule of Law, 5 Theory and Practice of Legislation 149 (2017)

The Private Market of Public Work, 31 Bar Ilan U. L. Rev. 11 (2017) (Hebrew).

Idealism and Realism in Israeli Constitutional Law, in Constitutionalism and the Rule of Law: Bridging Idealism and Realism 257 (Ernst Hirsch Ballin, Maurice Adams, Anne Meuwese, eds., Cambridge University Press, 2017).

Religion and the Construction of the Urban Landscape, in Urban Communities and Private Governance 215 (Amnon Lehavi, ed., Springer, 2016).

With How Many Voices Does the State Speak? On Granting Status to Dissenting Agencies in Legal Proceedings, 38 Tel Aviv U. L. Rev. 361 (2016) (Hebrew).

Method and Culture in American Constitutional Law: A Critique of Proportionality and Constitutional Culture, 10 Jerusalem Rev. Leg. Stud. 1 (2015)

Enabling Resistance: How Courts Facilitate Departures from the Law and Why This May Not Be a Bad Thing, 17 N.Y.U. J. Legis. & Pub. Pol'y. 989 (2014)

The End of Constitutional Law? 29 Const. Commentary 181 (2014).

Public Employee Speech and the Privatization of the First Amendment, 46 Conn. L. Rev. 1 (2013).

Dissenting from Within: Why and How Public Officials Resist the Law, 40 Fla. St. U. L. Rev. 601 (2013).

Religious Law as Foreign Law in Constitutional Interpretation, 11 Int’l J. Const. L. 74 (I.CON) (2013) (with Anna Su).

Accidental Constitutionalism: The Political Foundations and Implications of Israeli Constitution-Making, in The Social and Political Foundations of Constitutions 207 (Dennis Galligan & Mila Versteeg, eds., Cambridge University Press, 2013).

Efficiency, Institutional Logic, and Constitutional Remedies: Three Comments on Floyd v. City of New York, 17 Hamishpat Online 21 (2013) (Hebrew).

Between Judicial and Legislative Supremacy: A Cautious Defense of Constrained Judicial Review, 10 Int’l J. Const. L. 950 (I.CON) (2012) (with Alon Harel).

Review of Peter Gerangelos, The Separation of Powers and Legislative Interference in Judicial Process, 2010 Public Law 434.

With a Little Help from the Courts: The Promises and Limits of Weak Form Judicial Review of Social and Economic Rights, 5 Int'l. J. L. in Context 417 (2009).

Accountability for the Indian Police: Creating an External Complaints Agency (Human Rights Law Network, 2009).

Constitutions in Crisis: A Comparative Approach to Judicial Reasoning and Separation of Powers, 20 Fla. J. Int'l. L. 115 (2008).

Reflections on the Judgments Regarding Jabarin and Kahana - A Conflict between Freedom of Speech and Incitement and Encouragement of Violent Acts, 35 Isr. L. Rev. 153 (2001).