Minnesota Center for Legal Studies : Faculty

Oren Gross,
Associate Professor of Law
Tel Aviv University, LL.B
Harvard University LL.M., S.J.D.

Oren Gross is an expert in international trade, international law and national security law. He is a prolific scholar having published widely in the areas of International Law and Trade, Comparative Law, International Organizations, and National Security Law.

Professor Gross holds an LL.B. degree (magna cum laude) from Tel Aviv University, and obtained both his LL.M. and S.J.D. degrees from Harvard Law School while a Fulbright Scholar. His main areas of research and teaching are International law, International Trade law, National Security Law, and International Business Transactions. He is also an expert on the Middle East and the Arab-Israeli conflict.

Professor Gross was a member of the faculty of the Tel Aviv University Law School in Israel from 1996 to 2002. He also has taught and held visiting positions at the Benjamin N. Cardozo School of Law in New York City, Princeton University, Queen's University in Belfast, Northern Ireland, the Max Planck Institute for International Law and Comparative Public Law in Heidelberg, Germany, and Brandeis University. Between 1986 and 1991, he served as a senior legal advisory officer in the international law branch of the Israeli Defense Forces' Judge Advocate General's Corps. In 1998, he served as the legal adviser to an Israeli delegation that negotiated an agreement with the Palestinian Authority's senior officials concerning the economic component of a permanent status agreement between Israel and Palestine. Professor Gross practiced law at Sullivan and Cromwell in New York from 1995 to 1996.

Publications:

Books

Law in Times of Crisis: Emergency Powers in Comparative and Theoretical Perspective, (forthcoming 2003) (with Fionnuala Ni Aolain).

Articles and Book Chapters

The Prohibition on Torture and the Limits of the Law, in Sanford Levinson (ed.), Torture (Oxford University Press, forthcoming 2004)

Providing for the Unexpected: Constitutional Emergency Provisions, 32 Isr. YB Hum. Rts. (forthcoming 2004)

Chaos and Rules: Emergency Powers and the Relationship of Rules and Exceptions, 112 Yale L. J. 1011 (2003).

Constitution and Crisis: The Use of Emergency Powers in the United States, in American Democracy: The Real, the Imagined and the False 196 (Arnon Gutfeld ed., 2002).

Cutting Down Trees: Law-Making Under the Shadow of Great Calamities, in The Security of Freedom: Essays on Canada's Anti-Terrorism Bill 39 (Ronald J. Daniels et al eds., 2001).

From Discretion to Scrutiny: Revisiting the Application of the Margin of Appreciation Doctrine in the Context of Article 15 of the European Convention on Human Rights, 23 Hum. Rts. Q. 625 (2001) (with Fionnuala Ni Aolain).

Emergency, War and International Law -- Another Perspective, 70 Nordic J. Int'l L. 29 (2001) (with Fionnuala Ni Aolain).

On Terrorists and Other Criminals: States of Emergency and the Criminal Legal System, in Directions in Criminal Law: Inquiries in the Theory of Criminal Law 409 (Eli Lederman ed. 2001).

Mending Walls: The Economic Aspects of Israeli-Palestinian Peace, 15 Am. U. Int'l L. Rev. 1539 (2000).

Regional Trade Arrangements in the Service of Peace in the Middle East, in Regional Cooperation in a Global Context 101 (R. Bar-El, G. Benhayoun & E. Menipaz eds. 2000) (with Eli Sagi).

The Normless and Exceptionless Exception: Carl Schmitt's Theory of Emergency Powers and the 'Norm-Exception' Dichotomy, 21 Cardozo L. Rev. 1825 (2000).

To Know Where We Are Going, We Need to Know Where We Are: Revisiting States of Emergency, in A Human Rights Agenda for the 21st Century 79 (A. Heggarty & S. Leonard eds. 1999), (with Fionnuala Ni Aolain).

"Once More unto the Breach": The Systemic Failure of Applying the European Convention on Human Rights to Entrenched Emergencies, 23 Yale J. of Int'l L. 437 (1998).