Graduate Program Fellow in Constitutional Law, Harvard Law School
Teaching Fellow, Government Department, Harvard University
ashinar at sjd.law.harvard.edu
Conceptualizing Official Resistance: Toward a Theory of Dissent
My dissertation investigates why and how institutions and public officials (elected and non-elected) resist demands directed at them by superior officials and institutions. I provide a theoretical account of why official resistance occurs when the rule of law ordains compliance, the varying motivations resulting in this behavior, and the strategies officials and institutions deploy to effectuate their resistance. I then discuss the normative implications which flow from acts of resistance, arguing that such behavior, under particular conditions, can be beneficial. Last, I examine the theoretical and doctrinal mechanisms designed to address official resistance, arguing that certain mechanisms should be reconceptualized as seeking to accommodate this type of official behavior.
- Constitutional Law and Theory with Professor Mark Tushnet, Harvard Law School, Overall Faculty Supervisor
- Remedies and Institutional Design with Professor Martha Minow, Harvard Law School
- Political Theory with Professor Lewis Sargentich, Harvard Law School
- Jurisprudence and Legal Theory
- Moral and Political Philosophy
- Comparative Constitutional Law
- Local Government Law
- Labor Law
- Harvard Law School, S.J.D. Candidate 2008 - Present
- Harvard Law School, LL.M, 2007
- Hebrew University, LL.B, 2004
- Hebrew University, Philosophy Department, 2003-2004
- Harvard Law School, 2011, 2012, Summer Academic Fellow
- Harvard University, 2012 Teaching Fellow, General Education Program
- Harvard Law School, 2011, Byse Fellow
- Harvard Law School, 2008-2009, Graduate Program Fellow, Constitutional Law Section Leader
- Harvard University, 2008-2009, Teaching Fellow, Government Department
- Harvard University, 2007-2008, Teaching Fellow, Government Department
- Hebrew University, 2005-2006, Instructor in Jurisprudence
- Public Employee Speech and the Privatization of the First Amendment, 46 CONN. L. REV. ____ (forthcoming, 2013).
Dissenting from Within: Why and How Public Officials Resist the Law, 40 FLA. ST. U. L. REV. ___ (forthcoming, 2013).
- Religious Law as Foreign Law in Constitutional Interpretation, 11 INT’L J. CONST. L. (I.CON) ___ (forthcoming, 2013) (with Anna Su).
- Accidental Constitutionalism: The Political Foundations and Implications of Israeli Constitution-Making, in, THE SOCIAL AND POLITICAL FOUNDATIONS OF CONSTITUTIONS (Dennis Galligan & Mila Versteeg, eds., Cambridge University Press, forthcoming, 2012).
- Between Judicial and Legislative Supremacy: A Cautious Defense of Constrained Judicial Review, 10 INT’L J. CONST. L. (I.CON) ___ (forthcoming, 2012) (with Alon Harel)
- A Review of Peter Gerangelos, The Separation of Powers and Legislative Interference in Judicial Process, 2010 Public Law 434 (2010)
- 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)
- 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)
- Languages: English, Hebrew
Last Updated: March 19, 2013