Professor Tsachi Keren-Paz

Title: Professor of Private Law
Phone: +44(0)1782 734358
Email: t.keren-paz@keele.ac.uk
CBC 2.015
Location:
Role: Law School - Research Director
Contacting me: Please email to book an appointment

Tsachi Keren-Paz is Professor of Private Law in the University of Keele, School of Law. He held previous positions at the College of Management, School of Law, Israel between 2001 and 2007, and has taught in the past in Tel Aviv, Bar-Ilan and Montreal universities and visited at Cornell University and Queensland University of Technology. He has obtained his LL.B from Tel Aviv University (Magnum cum Laude) in 1995, his LL.M from University of Toronto in 1998, and his D.Jur from Osgoode Hall Law School, York University in 2001.  Before joining academia, Tsachi has practiced law in Herzog Fox & Neeman in 1995-96.

Tsachi is the author of two monographs Torts, egalitarianism and Distributive Justice (Ashgate 2007, 2016 Spanish translation by Marcial Pons’ Philosophy & Law series) and Sex Trafficking: A Private Law Response (Routledge 2013) and he published extensively in English, Israeli, American, Canadian, Australian and Italian legal journals. His first monograph was shortlisted for both the 2008 Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship, and the 2008 Hart/Socio-Legal Studies Association Book Prize for Early Career Scholars. He is currently a Leverhulme Fellow 2016-2018 for the project “Privacy law, gender justice and end users' liability: 'revenge porn' and beyond” and was recently the Principal Investigator of an ESRC Seminar Series grant 2015-2017 “Liability versus Innovation: Unpacking Key Connections”.

His scholarship has been cited by the Israeli Supreme Court and other appellate courts, influencing the development of Israeli law in the areas of damages awards for personal injury and defamation, compensation for injuries to autonomy in medical and consumer contexts and standard of care determinations. His anti-trafficking scholarship was recently cited by The Joint Committee on the Draft Modern Slavery Bill Report, was previously presented in the Israeli and UK Parliaments and was the basis for advising governmental bodies and NGOs on these matters and of several submissions to parliamentary committees including Home Affairs.

 Tsachi’s research has encompassed issues such as: tort law, private law theory and egalitarianism in private law; medical negligence and comparison with strict liability; the effect of tort liability on medical innovation, informed consent and injury to autonomy; egalitarian v economic analysis of standard of care; egalitarian digital privacy and ‘revenge porn’; maternal prenatal duty; private law responses to sex trafficking; overdetermined causation;  duty of care for the creation of exploitative demand; the law of remedies and the law of restitution, and the overlap between restitution for wrongs and by subtraction.

Tsachi is currently the Law School’s Research Director. He is a member of the AHRC, ESRC and ISF (Israel Science Foundation) Peer Review Colleges. Tsachi's current main teaching subject is torts. He teaches on several courses at undergraduate and postgraduate levels including health care law, medical ethics and law, law and economics, critical torts, law and society, and law, gender & sexuality. Tsachi was nominated twice by his past students for Keele’s Excellence Teaching Award, and he currently supervises 4 Ph.D students.

Tsachi’s research has encompassed issues such as:

tort law, private law theory, egalitarianism in private law, (2007 book; (2012) 12 RDQP 75; (2005) 50  McGill LJ  327; (2003) 4 TIL 275; (2003) CJLJ 91; book chapter in Law, society and culture: Regulation (Nevo, 2014));

medical negligence and comparison with strict liability ((2010) 18 Medical LR 363); (2014) 5  JETL 275; (2014) 20 TE Part A 2555-2560); ESRC Seminar Series 2015-2017 ‘Liability v Innovation: Unpacking Key Connections’ ES/N009223/1 (PI)

informed consent and injury to autonomy ((2007) 22 Colman LR 187; (2016) 32 JPN 48; a book chapter in Private Law in the Twenty-First Century (Hart, 2017));

egalitarian v economic analysis of standard of care (ch 5 of his 2007 book; ch 7 of 2013 book; (2008) 23 Bar-Ilan ULR 793));

maternal prenatal duty (ch 6 of his 2007 book; (2005) 4 SLS 179; a book chapter in Studies in Law Gender & Feminism (Nevo, 2007));

private law responses to sex trafficking, (2013 book, (2010) 18 Torts LJ 87; (2010) 29 Law & Philosophy 307; (2009) 29 LS 438));

overdetermined causation (ch 8 of 2013 book); a book chapter in Uncertain Causation in Tort Law (CUP, 2015))

duty of care for the creation of exploitative demand (ch 6 of his 2013 book);

digital privacy law and gender justice (Leverhulme Research Fellowship (2016-2018 RF-2016-358\8: “Privacy law, gender justice and end users' liability: 'revenge porn' and beyond”);

the law of remedies and the law of restitution, and the overlap between restitution for wrongs and by subtraction (chs 3 and 4 of 2013 book; (2010) 18 Torts LJ 87; (2006) 48 IBLR 459).

Tsachi’s work explains law as a social construct, understands it in its social context and inculcates egalitarianism into private law theory and doctrine. His major current research interest lies with the effect of tort law on medical innovation, egalitarian privacy law and gender harms, the relationship between tort law and restitution, the dividing line between restitution for wrongs and restitution by subtraction, the relationship between gain- and loss-based remedies, and between non/legal sanctions.

Tsachi would be happy to supervise students in the areas of private law theory, torts, restitution, medical law, digital privacy, and human trafficking.

Selected Publications

  • Keren-Paz T. 2017. Compensating injury to autonomy: A conceptual and normative analysis. In Private Law in the Twenty-First Century. Barker, Fairweather, Grantham (Eds.). (26 vols.). Hart. link>
  • Keren-Paz T. 2016. Derecho de daños, igualdad y justicia distributiva. Marcial Pons. link>
  • Keren-Paz T. 2016. Liability for consequences, duty of care and the limited relevance of specific reliance: New insights on Bhamra v Dubb. Journal of Professional Negligence, vol. 32(1), 48-65.
  • Keren-Paz T. 2014. Injuries from unforeseeable risks which advance medical knowledge—a restitution-based justification for strict liability. European Journal of Tort Law, vol. 5(3), 275-309. link> doi>
  • Keren-Paz T. 2013. Sex Trafficking: A Private Law Response. Routledge.

Full Publications List show

Books

  • Keren-Paz T. 2016. Derecho de daños, igualdad y justicia distributiva. Marcial Pons. link>
  • Keren-Paz T. 2013. Sex Trafficking: A Private Law Response. Routledge.
  • KEREN-PAZ T. 2007. Torts, Egalitarianism and Distributive Justice. Ashgate.

Journal Articles

  • Keren-Paz T. 2016. Liability for consequences, duty of care and the limited relevance of specific reliance: New insights on Bhamra v Dubb. Journal of Professional Negligence, vol. 32(1), 48-65.
  • Keren-Paz T. 2014. Injuries from unforeseeable risks which advance medical knowledge—a restitution-based justification for strict liability. European Journal of Tort Law, vol. 5(3), 275-309. link> doi>
  • Keren Paz T and El Haj AJ. 2014. Liability versus Innovation - The legal case for Regenerative Medicine. Tissue engineering. Part A. doi>
  • Keren-Paz T. 2012. Risks and Wrongs’ Account of Corrective Justice in Tort Law: Too much or Too Little?. review Diritto & questioni pubbliche, vol. 12, 75-107.
  • Keren-Paz T. 2010. Liability regimes, reputation loss, and defensive medicine. Med Law Rev, vol. 18(3), 363-388. link> doi>
  • Keren-Paz T. 2010. Poetic Justice: Why Sex-Slaves Should be Allowed to Sue Ignorant Clients in Conversion. LAW AND PHILOSOPHY, vol. 29(3), 307-336. link> doi>
  • KEREN-PAZ T. 2010. AT v. Dulghieru – Compensation for Victims of Trafficking, but Where is the Restitution?. Torts Law Journal, vol. 18, 87-106.
  • Keren-Paz T and Levenkron N. 2009. Clients' strict liability towards victims of sex-trafficking. Legal Studies, vol. 29(3), 438-463. doi>
  • Keren-Paz T. 2008. Is the reasonable person the efficient person? The role of efficiency in israeli standard of care jurisprudence. Bar-Ilan University of law review, vol. 23, 793-853.
  • KEREN-PAZ T. 2007. Compensating Injury to Autonomy: Normative Evaluation, Recent Developments and Future Tendencies. College of Management of Law Review, vol. 11, 187-226.
  • Keren-Paz T. 2006. Israel's no profiting from literary account of crime: It's not the content It's the notoriety. Israel Bar Law Review, vol. 48, 459-498.
  • KEREN-PAZ T. 2005. Private Law Redistribution, Predictability and Liberty. McGill Law Journal, vol. 50(4), 327-356.
  • Keren-Paz T. 2005. On mothers, babies and bathwater: Distributive justice, tort law and prenatal duties. SOCIAL & LEGAL STUDIES, vol. 14(2), 179-196. link> doi>
  • Keren-Paz T. 2005. Compensating injury to autonomy: recent developments and future tendencies. Colman Law Review, vol. 20, 67-75.
  • Keren-Paz T. 2004. How does compensation law render the poor even poorer? (And why does the supreme court give inconsistent interpretation to the compensation victims of road accidents act?). Tel-Aviv University Law Review, vol. 28(1), 299-327.
  • Keren-Paz T. 2004. 'It costs me more'. Rejecting the arguments of illegitimacy and excessive cost brought against the promotion of equality in private law. Haifa University Law Review, vol. 7(2), 541-622.
  • KEREN-PAZ T. 2003. An Inquiry into the Merits of Redistribution through Tort Law: Rejecting the Claim of Randomness. Canadian Journal of Law and Jurisprudence , vol. 16(1), 91-128.
  • Keren-Paz T. 2003. Egalitarianism as justification: Why and how should egalitarian considerations reshape the standadr of care in negligence law. Theoretical inquiries in law, vol. 4, 275-337.

Chapters

  • Keren-Paz T. 2017. Compensating injury to autonomy: A conceptual and normative analysis. In Private Law in the Twenty-First Century. Barker, Fairweather, Grantham (Eds.). (26 vols.). Hart. link>
  • Keren-Paz T. 2015. Clients’ Demand-Based Contribution to Trafficking: Overcoming Causation and Attribution Difficulties”. In Uncertainty and Mass Torts: Causation and Proof (forthcoming 2014). Martin Casals, M and Papayannis D (Eds.). Cambridge University Press.
  • Keren-Paz T. 2011. Moral and Legal Obligations of the State to Victims of Sex Trafficking: Vulnerability and Beyond. In Regulating the International Movement of Women: From Protection to Control. Routledge.
  • Keren-Paz T. 2009. An essay on banalization of slavery, devaluation of sex-workers' labor and deprivation of victims of trafficking. In Concord Research Institute for Integration of International Law in Israel.
  • Keren-Paz T. 2007. A feminist distributive analysis of maternal prenatal duty: Ideology, symbolism and pragmatism. In Studies in law gender and feminism. Barak-Erez (Ed.).
  • Keren-Paz T. Moral and Legal Obligations of the State to Victims of Sex Trafficking: Vulnerability and Beyond. In , Regulating the International Movement of Women: From Protection to Control. (Routledge).

Tsachi is currently bought out from teaching but normally teaches the following courses:

Undergraduate Teaching:

Torts 1 - Foundations (10023) (UG Year 1)
Torts 2 – Development (10024) (UG Year 1)
Health Care Law (UG Year 3)
Gender Sexuality and Law (UG Year 3)
Critical Torts(UG Year 3)
 Law and Economics(UG Year 2)

Postgraduate Teaching:

Medical Ethics and Law
Human Rights, Globalisation and Justice

 

Tsachi would be happy to supervise students in the areas of private law theory, torts, medical negligence, restitution, economic analysis of law and human trafficking.

External Professional Activities

2016 Advised a Norwegian lawyer (Silje Stenvaag) in a submission to the Norwegian SC on restitution to victims of  sex trafficking and the illegality defence            

2016 Evidence submitted to Home Affairs Committee Inquiries on prostitution and on proceeds of crime

2015 Advised Baroness Young and barrister Parosha Chandran on a civil remedy amendment to the Modern Slavery Bill

2014 Evidence submitted to the Joint Parliamentary Committee on the Modern Slavery Bill; cited in the Report 

2014 Advised solicitors intervening on behalf of Anti-Slavery International in Hounga v Allen before the Supreme Court, on the illegality defence in a migrant work context

2014 Informed Lord Saatchi’s team for the (then) Medical Innovation Bill on the possibility of strict liability

2013 Evidence submitted to the Modern Slavery Bill Evidence Review, described as ‘very valuable’ by the Chair, Frank Field MP

2013 Oral Presentation, Israeli Parliamentary Human Trafficking Sub-Committee, The Knesset, Jerusalem, 17 October: ‘private law responses to sex trafficking’

2013 Knowledge Transfer to Israeli State Lawyers, Ministry of Justice, The CPD Institute: private law responses to sex trafficking (300 state lawyers), 16 October

2013 Knowledge Transfer to members of the Israeli Inter-Departmental Anti Human Trafficking Group (civil servants), 17 October

2012 Nominated as a member of the American Law Institute

2010 Israeli Science Foundation, Peer Reviewing of funding proposals x3

2010 Consultant to POPPY & Anti-Slavery on compensation to victims of trafficking

2009 Advised the Anti-Trafficking Monitoring Group which reports to GRETA (Council of Europe Group of Experts on Action against Trafficking in Human Beings)

2009 Anti-Trafficking Legal Project, UK, Member

2008 Co-organiser of ‘Conversation about Trafficking’ workshop in Westminster University under the auspices of AHRC Centre of Law, Gender & Sexuality

2006 Member, Governmental Task-Force Fighting Human Trafficking (Israel)

2006 ‘Mandatory Compensation to Victims of Trafficking in Criminal Proceedings’, Oral Presentation, Constitution, Law and Justice Committee, The Knesset, Jerusalem, 1 August

2006 ‘The Anti-Trafficking Statutory Fund: Its Goals, The Priority Between Them, and the Way It Is Funded’ Opinion Paper, Hotline for Migrant Workers, Tel Aviv, 26 July

2005 Adviser, Hotline for Migrant Workers in Israel

2005 Knowledge Transfer to Lawyers, The Israeli Bar Professional Development Lecture Series

2005 Knowledge Transfer to Lawyers, Buchmann Faculty of Law’s Institute for Continuing Legal Studies

2003  Adviser, Israel Consumer Council