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Michal Alberstein

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Michal Alberstein
Born (1969-01-09) January 9, 1969 (age 55)
Tel Aviv, Israel
NationalityIsraeli
Alma materTel Aviv University, Harvard Law School
Occupation(s)Legal Scholar, Dean of The Faculty of Law at Bar-Ilan University
Known forConflict resolution, legal formalism, judicial conflict resolution

Michal Alberstein (born January 9, 1969, at Tel-Aviv) is an expert in the field of conflict resolution and reconstruction of legal thought.[citation needed] Alberstein is the Dean of The Faculty of Law, Bar-Ilan University, the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR) and the academic chairperson of “Israeli hope” project, supported by the president of Israel and High Council of Education.[1]

Biography

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Alberstein was born and raised in Tel Aviv to a Jewish modern orthodox family, she served in the army as a nature guide of the Society for Protection of Nature in the southern town Sderot. Alberstein graduated cum laude from Tel Aviv University with an LLB and BA in philosophy in 1993. She wrote an LLM thesis and SJD dissertation at under the supervision of Professor Duncan Kennedy, one of the leaders of the Critical Legal Studies (CLS) movement.[2][3] Since 2000 she has been a faculty member at the Law Faculty of Bar Ilan University.[4] and since 2022 is the Dean.[5] Alberstein has three children and two grandchildren.

Research

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Alberstein studies the intellectual foundations and reconstructions of legal thought and conflict resolution.[6][7][8] In the framework of the ongoing debate on the evolving nature of law, she has formulated measures of legal formalism to follow changes in judicial rhetoric over time.[9][10][11] She probes the foundations of law and their change over time using multiple lenses, such as legal formalism;[9] identity-based conflict resolution;[12] models and schools of mediation;[13] intersections of public health and law;[14] hybrids of non-adversarial justice;[15] and conflict resolution in the shadow of authority.[16] She is the author and co-editor of more than 70 publications in English and Hebrew, including five books.[17]

In the field of conflict resolution, she developed a broad perspective on various alternative movements, including alternative dispute resolution, restorative justice, transitional justice and therapeutic jurisprudence.[13][18] She offered a meta-theory for the field of conflict resolution, demonstrating how various conflict resolution practices are based on six organizing narratives that reflect reconstructions of critique in Western culture: emphasis on process, constructive and forward-thinking perspectives, emphasis on the hidden layer, hybridization and management, emphasis on emotions and relationships, and anti-authoritarian bottom-up work.[19] Following receipt of an ERC consolidator grant that enabled her to establish an international research team to conduct a comparative interdisciplinary research project on the changing roles of judges in an age of vanishing trials, Alberstein and her team unveiled the reconstruction of the courts and the judiciary in light of the interest in more effective legal systems, together with the inspiration of notions of conflict resolution as manifested by the Alternative Dispute Resolution (ADR) movement.[20][21] They exposed common trends of abbreviated trials and alternative doors which transform legal systems both in continental and common law cultures, and provided new empirical and theoretical foundations for capturing comparatively the erosion of adjudication as the mainstream legal process to decide facts and norms.[22][23][24] Her research has resulted in policy recommendations for more accurate data collection and increased informed litigants’ choice in court administration.[25]

In the field of jurisprudence and legal formalism, her research provides a link between critical schools and judicial practice. She outlines a theoretical model which, based on existing jurisprudential and critical claims, constructs nine measures of formalism.[9] Instead of assuming that narratives of critique stay outside legal practice, she searches for their implementation within legal rhetoric.[26][27] She assumes that judges’ contemporary rhetoric in formulating legal cases reflects an internalization of critical claims that appear and develop in legal thought.[28] After using this measure in a qualitative mode, she has been testing it empirically with the help of an Israeli Science Foundation (ISF) grant, comparing different judges’ levels of formalism, and taking into account the different fields of law and types of conflicts brought before the court.[10] This type of research can also be extended comparatively to address multiple legal systems and other instances.[9]

Books and Publications

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  • Jurisprudence of Mediation (University of Haifa Press and Magnes) 2007.[29]
  • Trauma and Memory: Reading, Healing and Making Law (Michal Alberstein, Nadav Davidovitch & Austin Sarat eds.) (Stanford University Press, 2007)[30]

Articles

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  • Michal Alberstein, Forms of Mediation and Law: Cultures of Dispute Resolution, 22 Ohio State Journal on Dispute Resolution 321 (2007)[31]
  • Michal Alberstein and Jay Rothman, Individuals, Groups, Intergroups: Theorizing about The Role of Identity in Conflicts, 28 Ohio Sate. Journal. on Dispute. Resolution. 631 (2013)
  • Michal Alberstein, Judicial Conflict Resolution (JCR): A New Jurisprudence for Emerging Judicial Practice 16 Cardozo Law Journal of Conflict Resolution (2015) 1.[32]
  • Michal Alberstein and Béatrice Coscas-Wiliams, A Patchwork of doors: Accelerated Proceedings in Continental Criminal Justice systems 22 New Criminal Law Review. 585 (2019).[33]

Honors and Public Service

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She has received the 2020 Fernard Braudel Senior Fellowship at the European University Institute (EUI) Fiesole in Florence; the 2017 Fattal prize[34] for distinguished legal scholar under the age of 50 in Israeli academia; the Bar Ilan University rector prize for significant academic achievement 2016; and the 2001-2004 Alon scholarship for excellent scientists.[35] She has served in various public positions including the following: the Academic Director of eight legal clinics; the Academic Chairperson at the Bar Ilan University, supported by the President of Israel and High Council of Education;[36][4] the Sexual Harassment Commissioner of the university between 2015-2018;[4] Senate member;[17] High Nomination Committee member;[17] Director of an interdisciplinary graduate program on Conflict Resolution and Negotiation (2011-2015);[37] and Director of an international summer program on Identity-based Conflict Resolution.[38]

References

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  1. ^ "Dean Prof. Michal Alberstein". Bar-Ilan University.
  2. ^ Goodrich, Peter (2001). "Duncan Kennedy as I Imagine Him: The Man, the Work, His Scholarship, and the Polity". Cardozo Law Review. 22: 971.
  3. ^ Menkel-Meadow, Carrie (2000). "Mothers and Fathers of Invention: The Intellectual Founders of ADR". Ohio State Journal on Dispute Resolution. 16: 1.
  4. ^ a b c Bar Ilan University. "Prof. Alberstein Michal". Faculty of Law, Bar Ilan University. Retrieved October 10, 2020.
  5. ^ "Half of Israel's Bar-Ilan University faculty deans, Senate are women". jpost. 25 October 2022.
  6. ^ Sinai, Yuval; Alberstein, Michal (2015). "Expanding Judicial Discretion: Between Legal and Conflict Considerations". Harvard Negotiation Law Review. 21: 221.
  7. ^ Sela, Ayelet; Zimerman, Nourit; Alberstein, Michal (2018). "Judges as Gatekeepers and the Dismaying Shadow of the Law: Courtroom Observations of Judicial Settlement Practices". Harvard Negotiation Law Review. 24: 83.
  8. ^ Alberstein, Michal (2015). "Judicial Conflict Resolution (JCR): A New Jurisprudence for Emerging Judicial Practice". Cardozo Law Journal for Emerging Judicial Practice. 16: 1.
  9. ^ a b c d Alberstein, Michal (2012). "Measuring Legal Formalism: Reading Hard Cases with Soft Frames". Studies in Law, Politics and Society. 57: 2003.
  10. ^ a b Gabay-Egozi, Limor; Bogoch, Byrna; Alberstein, Michal (2019). "Between Formalism and Discretion: Measuring Trends in Supreme Court Rhetoric". Hofstra Law Review. 47 (4).
  11. ^ Alberstein, Michal (2009). "The Jurisprudence of Mediation: Between Formalism, Feminism and Identity Conversations". Cardozo Journal of Conflict Resolution. 11: 1.
  12. ^ Alberstein, Michal; Rothman, Jay (2013). "Individuals, Groups, Intergroups: Theorizing about the Role of Identity in Conflicts". Ohio State Journal on Dispute Resolution. 28: 631.
  13. ^ a b Alberstein, Michal (2002). Pragmatism and Law: From Philosophy to Dispute Resolution. UK: Ashgate.
  14. ^ Alberstein, Michal (2008). "Therapeutic Jurisprudence and Public Health: A Broad Perspective on Dialogue". Thomas Jefferson Law Review. 30: 507–533.
  15. ^ Alberstein, Michal (2011). "ADR and Transitional Justice as Reconstructing the Rule of Law". Journal of Dispute Resolution. 2011 (1).
  16. ^ Gabrieli, Amos; Zimerman, Nourit; Alberstein, Michal (2018). "Authority-based Mediation". Cardozo Journal of Conflict Resolution. 20.
  17. ^ a b c Bar Ilan University. "Michal Alberstein Curriculum Vitae" (PDF). Faculty of Law, Bar Ilan University. Retrieved October 10, 2020.
  18. ^ Alberstein, Michal (2011). "ADR and Transitional Justice as Reconstructing The Rule of Law". Journal on Dispute Resolution. 2011 (1).
  19. ^ Alberstein, Michal (2016). "The "Law of Alternatives": Conflict Resolution as the Art of Reconstruction". Studies in Law, Politics, and Society. Studies in Law, Politics and Society. Vol. 70. pp. 149–180. doi:10.1108/S1059-433720160000070012. ISBN 978-1-78635-076-3.
  20. ^ European Research Council, Bar Ilan University, Michal Alberstein. "JCR Collaboratory". JCR Collaboratory. Retrieved October 10, 2020.{{cite web}}: CS1 maint: multiple names: authors list (link)
  21. ^ Alberstein, Michal. "List of ERC-JCR Publications". ERC-JCR. Retrieved October 10, 2020.
  22. ^ Coscas Williams, Beatrice; Alberstein, Michal (2019). "A patchwork of doors: accelerated proceedings in continental criminal justice systems". New Criminal Law Review. 22 (4): 585–617. doi:10.1525/nclr.2019.22.4.585. S2CID 211312719.
  23. ^ Luz Kanner, Sari; Rosen, Dana; Zohar, Yosef; Alberstein, Michal (2019). "Managerial judicial conflict resolution (JCR) of plea bargaining". New Criminal Law Review. 22 (4): 494–541. doi:10.1525/nclr.2019.22.4.494. S2CID 211313654.
  24. ^ Lucarelli, Paola; Amir, Nofit; Rosen, Dana; Cohen, Hadas; Alberstein, Michal (2020). "Fitting the forum to the fuss while seeking the truth: lessons from judicial reforms in Italy". Ohio State Journal on Dispute Resolution. 36 (2): 213.
  25. ^ Alberstein, Michal. "The Future of the Judiciary: Rising Above Efficiency". Open Access Government.
  26. ^ Alberstein, Michal (2009). The Measure of Formalism: Justice Dorner's Writing as a Case Study (chapter in the book Justice Dorner, Shulamit Almog, Yaad Rotem and Dorit Beinish, eds.; in Hebrew). Nevo Publishing. p. 57.
  27. ^ Alberstein, Michal (2016). The Measure of Formalism in Traumatic Cases: The Court as a Therapeutic Agent (chapter in book: Trauma's Omen: Israeli Studies in Identity, Memory, and Representation, Michal Alberstein, Nadav Davidovitch, Rakefet Zalashik, eds.; in Hebrew). Bar Ilan University and HaKibbutz HaMeuchad.
  28. ^ Alberstein, Michal (2012). "The Measure of Legal Formalism: Cultures and Frames of Israeli Legal Writing". Bar Ilan Law Studies (Hebrew). 27: 349.
  29. ^ "Jurisprudence of Mediation". The Hebrew University Magnes Press.
  30. ^ Trauma and Memory. Stanford University Press. 2008. ISBN 9780804754057.
  31. ^ "Forms of Mediation and Law: Cultures of Dispute Resolution" (PDF). Core. Archived from the original (PDF) on 2023-06-04.
  32. ^ "ERC Research Project on Judicial Conflict Resolution (JCR)". Bar-Ilan University Faculty of Law.
  33. ^ "A Patchwork of Doors: Accelerated Proceedings in Continental Criminal Justice systems". University of California Press.
  34. ^ "TILT Seminar: Prof. Michal Alberstein, Bar-Ilan University, Israel". tilburguniversity. 19 April 2022.
  35. ^ European University Institute. "Michal Alberstein". European University Institute. Retrieved October 10, 2020.
  36. ^ President of Israel. "Israeli hope". Israeli Hope. Government of Israel. Retrieved October 10, 2020.
  37. ^ Bar Ilan University. "Bar Ilan News". Bar Ilan University.
  38. ^ Bar Ilan University. "First ever conflict resolution summer program online". Bar Ilan News. Retrieved October 10, 2020.
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