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1 Dr. Hadar Dancig-Rosenberg Associate Professor, Bar-Ilan University Faculty of Law Phone: 972-54-5444380 510-367-2600 E-Mail: [email protected] Education 2008-2011 Ph.D. in Law (with highest distinction), Faculty of Law, Bar-Ilan University Supervisor: Prof. Arnold Enker Dissertation Title: “The Liability of an Accomplice for Other Crimes Committed by a Fellow Accomplice in the Course of Committing the Original Crime” 2004-2005 LL.M. (Summa Cum Laude), Faculty of Law, Hebrew University of Jerusalem 1999-2003 LL.B. (Summa Cum Laude, Ranked First in Class), Faculty of Law, Bar-Ilan University Academic Appointments Summer 2019 Visiting Scholar, UC Berkeley School of Law 2017-2018 Visiting Professor, UC Berkeley School of Law (teaching a seminar on "Comparative Criminal Justice Reforms and Alternatives") 2016-2018 Visiting Scholar, The Center for the Study of Law and Society and the Berkeley Institute for Jewish Law and Israel Studies, UC Berkeley School of Law 2016 - Associate Professor, Bar-Ilan University Faculty of Law (tenured) 2011- Assistant Professor, Bar-Ilan University Faculty of Law 2004-2009 Academic Director of the Legal Aid Clinic for Violence against Women, Clinical Legal Education Center, Hebrew University of Jerusalem 2008-2010 Adjunct Lecturer, Hebrew University of Jerusalem 2005-2009 Adjunct Lecturer, Sha'arei Mishpat College 2004-2007 Adjunct Lecturer, Netanya Academic College June, 2010 Visiting Scholar, Association of Transnational Law Schools Workshop, NYU Law School March, 2008 Visiting Fellow, American University Washington College of Law

Transcript of itle: “The Liability of Crime”

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Dr. Hadar Dancig-Rosenberg

Associate Professor, Bar-Ilan University Faculty of Law

Phone: 972-54-5444380 510-367-2600

E-Mail: [email protected]

Education 2008-2011 Ph.D. in Law (with highest distinction), Faculty of Law, Bar-Ilan University Supervisor: Prof. Arnold Enker

Dissertation Title: “The Liability of an Accomplice for Other Crimes Committed by a Fellow Accomplice in the Course of Committing the Original Crime”

2004-2005 LL.M. (Summa Cum Laude), Faculty of Law, Hebrew University of Jerusalem 1999-2003 LL.B. (Summa Cum Laude, Ranked First in Class), Faculty of Law, Bar-Ilan

University Academic Appointments Summer 2019 Visiting Scholar, UC Berkeley School of Law 2017-2018 Visiting Professor, UC Berkeley School of Law (teaching a seminar on

"Comparative Criminal Justice Reforms and Alternatives") 2016-2018 Visiting Scholar, The Center for the Study of Law and Society and the

Berkeley Institute for Jewish Law and Israel Studies, UC Berkeley School of Law

2016 - Associate Professor, Bar-Ilan University Faculty of Law (tenured) 2011- Assistant Professor, Bar-Ilan University Faculty of Law 2004-2009 Academic Director of the Legal Aid Clinic for Violence against Women,

Clinical Legal Education Center, Hebrew University of Jerusalem 2008-2010 Adjunct Lecturer, Hebrew University of Jerusalem 2005-2009 Adjunct Lecturer, Sha'arei Mishpat College 2004-2007 Adjunct Lecturer, Netanya Academic College June, 2010 Visiting Scholar, Association of Transnational Law Schools Workshop, NYU

Law School March, 2008 Visiting Fellow, American University Washington College of Law

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Clerkship and Bar Admissions 2003-2004 Law Clerk for the State of Israel Attorney, Edna Arbel 2004 Member, Israeli Bar Honors and Awards 2014 Cheshin Prize for Academic Excellence in Legal Research for young scholars 2013 Cohn Prize for Best Article in 2013, Bar-Ilan University 2012 Award for outstanding lecturer, university-wide, Bar-Ilan University 2009-2010 Award for outstanding lecturer, Hebrew University Law Faculty 2007-2011 President's Scholarship, 4 years Award for Exceptional Ph.D. Candidate,

university-wide, Bar-Ilan University 2008-2009 Rector's Award for Outstanding Ph.D Candidate, Bar-Ilan University 2005 Feldman Prize for LL.M Student, for Academic Excellence and Social

Involvement, Faculty of Law, Hebrew University 2003 Rector's Award for Outstanding LL.B Student, Bar-Ilan University 2003 Knesset Education Committee's Award for Academic Excellence 2001-2003 Dean's List, Faculty of Law, Bar-Ilan University 2000 Gartel Mayer’s Honor Scholarship for Outstanding LL.B Student, Faculty of

Law, Bar-Ilan University Grants 2019-2022 GenderNet Plus Program (Horizon 2020) in collaboration with the

Israeli Ministry of Science and Technology Grant for the project: "Violence against Women Migrants and Refugees: Analyzing Causes and Effective Policy Response" (100,000 EUR, with Ruth Halperin-Kaddari)

2018-2020 Ashalim-JDC Grant for an evaluation study of Community Courts in Israel

(120,000$ with Tali Gal and Tali Mentovich) 2018 UC Berkeley Center for Long-Term Cybersecurity Grant for the project:

“Post and Re-trauma: Enhancing the Cybersecurity of Sexual Assault Victims on Facebook" (15,000$)

2016-2017 Ashalim-JDC Grant for a formative study of Community Courts in Israel

(50,000$, with Tali Gal) 2013-2014 Minerva Center for Human Rights Grant, Hebrew University, for the

project: "Victims' Rights as Human Rights"

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Conferences Organized Multi-door Criminal Justice Symposium, Bar-Ilan University and University of Haifa, May 2019 (co-organizer) Law and Therapy Conference, The College of Management Law School, May 2016 (co-organizer)

International Conference on Positive Criminology and Positive Victimology: Towards a New Paradigm in Law Enforcement, Sentencing and Rehabilitation, Department of Criminology and Faculty of Law, Bar-Ilan University, January 2016 (co-organizer) Conference in honor of the Retired Justice Edna Arbel, Faculty of Law, Bar-Ilan University, December 2014 International Symposium on the Work of Douglas Husak regarding the General Part of Criminal Law, Faculty of Law, Bar-Ilan University, December 2014 Victims’ Rights International Conference, Bar-Ilan Law Faculty and Ono Academic College, March 2012 (co-organizer) Violence against Women and the Legal Process, Faculty of Law, Hebrew University of Jerusalem, June 2009 Violence against Women and Restorative Justice, Faculty of Law, Hebrew University of Jerusalem, March 2008 Presentations (selection) "Naming, Blaming, Shaming: How Sexual Assault Survivors Perceive the Practice of Shaming Their Assailants?", George Fletcher's Book Release Event, Tel-Aviv University, December 2018 "'I'm starting to believe in the word justice': Lessons from an Ethnographic Study on Community Courts", International Junior Faculty Forum, Stanford Law School, October 2018 "Criminal Justice Reform in Israel: The Case of Community Courts", Association of Israel Studies Conference, UC Berkeley Law School, June 2018

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"Retributarianism: A New Individualization of Punishment", Criminal Law and Philosophy Workshop, UC Berkeley Law School, April 2018 "Post-Trauma and Post", Faculty Seminar, Loyola LA Law School, February 2018 “Characterizing Criminal Justice Processes”, Visiting Scholars Speaker Series, The Center for the Study of Law and Society, UC Berkeley Law School, December 2017 "The Ability of Facebook compared to the Criminal Justice System to Address Sexual Assault Victims' Needs", Visiting Scholars Speaker Series, The Center for the Study of Law and Society, UC Berkeley Law School, May 2017 "'Post and Trauma': The Use of Social Media by Sexual Assault Victims", Dean's Lectures Series, UC Berkeley School of Information, February 2017 "'Post and Trauma': The Use of Social Media by Sexual Assault Victims", Law and Society Center, Stanford Law School, February 2017 "Characterizing Multi-Door Criminal Justice", American Society of Criminology, November 2016 "Characterizing Community Courts in Israel", NYC Red Hook Community Court Staff Forum, November 2016 "Granting Constitutional Protections to Animals: Universal Oxymoron, Israeli Perspectives", Berkeley Animal Law Society, UC Berkeley Law, November 2016 “Joint Perpetrators, Different Crimes”, Columbia-Ono Conference on Parties to an Offense: Perpetrators, Accomplices, Victims, Columbia Law School and Ono Academic College, June 2016 “Mapping Criminal Law: An Empirical Study”, Israeli Institute for Advanced Studies, Hebrew University of Jerusalem, May 2016 "Sexual Harassment as a Revenge Pornography: The Israeli Case", The Annual Conference of International Association of Public Law, ICON–S ISRAEL, Hebrew University of Jerusalem, May 2016 “Constitutional Protections of Animals: Universal complexities, Israeli Perspectives”, Harvard Workshop on Animals in Comparative Constitutional Law, Harvard Law School, February 2016

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“Crime-Victimhood and Intersectionality: From an oppression axis to a privileged axis” International Conference on Positive Criminology and Positive Victimology, Bar-Ilan University, January 2016 “Revenge Porn as a Sexual Harassment in Israeli Law”, Conference on Sexual Harassment as Interdisciplinary Phenomenon, Bar-Ilan University, June 2015

“Unconstitutional Incrimination”, Justice Eliyahu Mazza Book Launch Conference, Faculty of Law, Tel-Aviv University, April 2015 “Criminal Law Multitasking”, Michigan Law School 2015 Young Scholars’ Conference, University of Michigan, March 2015 “Criminal Law Multitasking”, Criminal Discussion Group at Oxford University UK, March 2015 “Sense and Sensibility: The Right of Crime Victims for Due Process”, Conference in honor of the Retired Justice Edna Arbel, Faculty of Law, Bar-Ilan University, December 2014 “Abetting a Crime”, Symposium on the Work of Douglas Husak regarding the General Part

of Criminal Law, Faculty of Law, Bar-Ilan University, December 2014 “Criminal Law Multitasking”, Restorative Justice Responsive Regulation and Complex Problem Conference (in Honor of John Braithwaite), University of Vermont, July 2014 “Criminal Law as Last Resort: The Constitutional Perspective”, International Society of Public Law (ICON), University of Florence, June 2014 “New Trends in Israeli Criminal Law”, Conference on Community Courts: Problem-Solving as a New Model, Faculty of Law, Tel-Aviv University, May 2014 “A Critical Perspective on Punishment”, The Annual Israeli Association of Public Law Conference, January 2014 “Criminal Law and Constitutional Rights: Is Imposition of Criminal Liability in Itself a Deprivation of Constitutional Rights?”, Constitutional Law Colloquium, Loyola University Chicago School of Law, October 2013

“Taking a Look at Victims’ Motives”, Motives and Emotions in Criminal Law International Conference, Ono Academic College, May 2013

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“Aiders and Abettors to Crime”, Conference in honor of the Retired Chief Justice Dorit Beinisch, Faculty of Law, Hebrew University and Bar-Ilan University, April 2013

“Legal Pluralism in Criminal Law”, Critical Reflections on Legal Pluralism in the State and Beyond, Osgoode Hall Law School, York University and Faculty of Law, Bar-Ilan University Joint Symposium, July 2012

“The Next Generation of Victims’ Rights: Constitutional Rights and Due Process”, Victims’ Rights International Conference, Bar-Ilan Law Faculty and Ono Academic College, March 2012

“Victims’ Rights and Therapeutic Jurisprudence: Theoretical Perspectives”, International Therapeutic Jurisprudence Workshop, University of Puerto Rico, March 2012

“Legal Pluralism in Criminal Law: Restorative Justice as a Community-based Approach to Justice”, The Israeli Law and Society Association Conference, Faculty of Law, Bar-Ilan University, December 2011

“Rape by Fraud – Overcriminalization or Defense of the Autonomy?”, Rape by Fraud: The Limits of Criminalization, Faculty of Law, Tel-Aviv University, June 2011 “Domestic Violence Problem Solving Courts – Solutions”, Annual Conference of Department for Gender Studies, Bar-Ilan University, May 2011 “’Aren’t You Alone?’ Violence Victims’ Claiming: Dilemmas, Prices and Opportunities”, Social Lawyering in Israel 2011: Theory and Practice, Faculty of Law, Tel-Aviv University, March 2011 “On the Therapeutic Potential of Criminal Proceedings in Domestic Violence Cases”, Therapeutic Jurisprudence in Israel, Faculty of Law, Bar-Ilan University, November 2010 “Therapeutic Tools in Sexual Assault Cases”, Association of transnational Law Schools Doctoral Workshop, NYU School of Law, June 2010

“Towards a Model of Feminist, Culturally Sensitive Lawyering”, Gender in Field and in Academia: Gaps between Practice and Theory, Department for Gender Studies, Bar-Ilan University, May 2010 “When Paradigms collide: Violence against Spouse and the Legal Process”, Violence against Women and the Legal Process, Faculty of Law, Hebrew University of Jerusalem, June 2009 “Victims and Restorative Justice: Is there any Chance for Justice?”, Violence against Women and Restorative Justice, Faculty of Law, Hebrew University of Jerusalem, March 2008

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"Sexual Assault Victims during Criminal Proceedings – Towards a Jurisprudence Model", International Conference on Victimology and the Law, Faculty of Law and The Department of Criminology, Bar-Ilan University, May 2007 "The Victims’ Role in Sentencing”, International Sentencing Considerations Workshop, Faculty of Law, Bar-Ilan University, March 2007 Other professional engagements

2015- Member, Minister of Justice Advisory Committee for Formulating Measures to Protect the Public against Cyberbullying (Justice Arbel Committee).

2013 Member, Ministry of Justice Committee for the Selection of the Public Prosecution Comptroller.

2013- Member, Minister of Justice Advisory Committee on Criminal Procedure and Evidence Law (Justice Arbel Committee).

2006-2010 Member, Forum of Legal Advisors of Battered Women Shelters in Israel. 2004-2011 Member, Legal Advisory Committee, Israeli Association of Rape Crisis

Centers. Publications In English 'I'm Starting to Believe in the Word Justice': Lessons from an Ethnographic Study on Community Courts, AMERICAN JOURNAL OF COMPARATIVE LAW (forthcoming 2020) (selected for the Stanford International Junior Faculty Forum at Stanford Law School 2018, and for the Conference on Empirical Legal Studies at Michigan Law School 2018) (with Tali Gal) Characterizing Multi-door Criminal Justice: A Comparative Analysis of Three Criminal Justice Mechanisms, NEW CRIM. L. REV. (forthcoming 2020) (with Tali Gal).

Multi-door Criminal Justice, NEW CRIM. L. REV. (forthcoming 2019) (with Tali Gal).

Crime-victimhood and Intersectionality, 47 FORDHAM URBAN LAW JOURNAL (forthcoming, 2019) (with Noa Yosef). Risk, Just Desert, and Character Retribution, ANTI-RISK (John Pratt ed., forthcoming, Palgrave 2020) (with Netanel Dagan).

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Retributarianism: A New Individualization of Punishment, 13 CRIMINAL LAW AND PHILOSOPHY 120 (2019) (with Netanel Dagan) Measuring the Restorativeness of Restorative Justice: The Case of the Mosaica Jerusalem Program THE INTERNATIONAL JOURNAL OF RESTORATIVE JUSTICE 252 (2018) (with Tali Gal and Guy Enosh).

Animal Rights in the Shadow of the Constitution, 24 ANIMAL L. REV. 99 (2018) (with Ariel L. Bendor) (selected for the Harvard Workshop on Animals in Comparative Constitutional Law, Harvard Law School, 2016). Characterizing Community Courts, 35 BEHAVIORAL SCIENCES & THE LAW 523 (2017) (with Tali Gal)

Unconstitutional Criminalization, 19 NEW CRIM. L. REV. 171 (2016) (with Ariel L. Bendor) Criminal Law Multitasking, 18 LEWIS & CLARK L. REV. 893 (2015) (with Tali Gal) (selected for the Michigan Young Scholars Conference 2015)

Restorative Criminal Justice, 34 CARDOZO L. REV. 2313 (2013) (with Tali Gal) [cited by the Kentucky Supreme Court in its decision in Little v. State, S.W.3d __ 2013 WL 6700106, 4 (Ky. 2013); won the Cohn Prize for Best Article in 2013] Pain, Love and Voice: The Place of Domestic Violence Victims in Sentencing, 18 MICH. J. GENDER

& L. 423 (2012) (with Dana Pugach)

Between Secondary Victimization and Positive Victimology: The Case of Crime Victims’ Right of Privacy in: POSITIVE VICTIMOLOGY 292 (Ronel N., Segev D. eds., Routledge, 2015) (with Dana Pugach) (peer-reviewed)

Sexual Assault Victims – Empowerment or Re-Victimization? The Need for a Therapeutic Jurisprudence Model, in: TRENDS AND ISSUES IN VICTIMOLOGY 150-174 (Ronel N., Jaishankar K., and Bensimon M. eds., Cambridge Scholars Publishing, 2008) (peer-reviewed)

In Hebrew Twenty Years of Mishpatim: Changes in Legal Writing, HEBREW U. L. REV. (forthcoming, 2020) (with Ariel Bendor). Naming, Blaming, Shaming: Sexual Assault Victims' Perceptions of the Practice of Shaming Their Assailants on Facebook, U. HAIFA L. REV. (forthcoming, 2020) (with Anat Peleg).

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Post-Truma and Post: Emotion Processing of Sexual Assault Victims in Criminal Proceedings and on Facebook LAW, SOCIETY & CULTURE (forthcoming, 2020) (with Anat Peleg).

Protecting People with Food Disabilities: The Case of Marking Food Allergens (forthcoming 2019 in ELYAKIM RUBINSTEIN BOOK (with Rotem Spiegler)

'The Fast and the Furious': An Empirical Study on Arraignment Hearings at Lower Courts in Israel, BAR-ILAN L. STUD. (forthcoming, 2019) (with Tali Gal).

Soft Retributivism, U. HAIFA L. REV. (forthcoming, 2018) (with Netanel Dagan)

Crime-Victimhood and Intersectionality, 23 HAMISHPAT L. REV. 9 (2017) (with Noa Yosef)

Criminalizing Secondary Parties: Towards A Rationale-Based Theory, 46 HEBREW U. L. REV. 5

(2017) Revenge Porn as Sexual Harassment, 9 HEBREW U. J. LEGISLATION 265 (2017) (with Roni Rosenberg)

Criminal Offenses and Constitutional Rights, 17 U. HAIFA L. REV. 325 (2016) (with Ariel L. Bendor)

The Next Generation of Victims’ Rights: The Constitutional Right for Due Process, 36 TEL-AVIV

U. L. REV. 549 (2015) (with Dana Pugach) Migratory Victimization, 37 TEL-AVIV U. L. REV. 341 (2015) (with Naomi Levenkron) The Constitutional Status of the ‘Criminal Law as Last Resort’ Principle, JUSTICE ELIYAHU MAZZA

BOOK 373 (Aharon Barak, Ayala Procaccia, Sharon Hannes & Raanan Giladi eds., 2015) (with Ariel L. Bendor) Restorative Justice and Punitive Justice: The Double Faces of Criminal Law, 43 HEBREW U. L. REV. 779 (2013) (with Tali Gal) Developments in Criminal Law: Legislator v. Court, 6 HAIFA U. L. REV. 201 (2011) (with Yoram Rabin & Yariv Navon) ’The Other within Us’: Towards a Model of Feminist, Culturally Sensitive Lawyering, 3 TEL-AVIV

U. J. L. & SOC. CHANGE (2011) (with Yifat Ferder) On the Right of Battered Women to Be Heard in Court, 26 BAR-ILAN L. STUD. 589 (2010) (with Dana Pugach)

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Partnership Responsibility for an Unintended Crime: Thoughts Concerning Blame, Proportionality and an Alternate Balancing Test - A Deontological Analysis, DAVID WEINER BOOK

ON CRIMINAL LAW AND ETHICS (Yoram Rabin, Dror Arad-Ayalon and Yaniv Vaki eds. 2009) (peer-reviewed).