Kim Treiger-Bar-Am

Biography

I am a legal academic in Israel. My passions have taken me from philosophy to law, and the combination of them both. In my education I explored these areas (B.A, Yale 1985; J.D., Yale 1989; M.Jur. & D.Phil., Oxford 1998 & 2006). Since my immigration to Israel, I have extended my studies in philosophy to Jewish thought, examining the links between Jewish thought and law, as well as the analogies between principles in Jewish tradition and Continental philosophy.  Throughout my studies, I have been engrossed with art and feminist theory. My book has enabled me to engage in wondrous ideas, and to address concerns in each of these areas.
I hope to have shown in this book that Jewish thought may be considered alongside the theories of Immanuel Kant. Also, I aim for it to send the clear message that morality is not a metaphysical element to be left to philosophers, but raises relevant considerations for our lives. On a moral view, respect is an important part of our freedom. Our being free means that we are able to determine morality, and at the heart of morality is the respect we are to show to others.  Freedom means the obligation of respect. In law, rights mean duties of respect.
My research and teaching mainly engage free speech theory and doctrine, and the juncture between speech rights and rights of authors and artists under copyright. Whether copyright doctrine functions in the digital age is a central focus of inquiry.
Through feminist theory I investigate freedom and relation, as well as tolerance and pluralism.  In Jewish thought, I study and write on free will and choice, as well as “tikkun olam” – the repair of the world.
I have published widely and lectured in the United States, Israel, Denmark and England. I live in northern Israel with my husband and daughters.

Areas of Research / Professional Expertise

Publications:

Copyright: Author, Reader, and Meaning, OXFORD RESEARCH ENCYCLOPEDIA OF LITERATURE (2019)

The Moral Limits to Moral Rights, in MICHAEL BIRNHACK & OR COHEN-SASSON (EDS.), THE MORAL BOUNDARIES OF INTELLECTUAL PROPERTY (S. Horowitz Institute of Intellectual Property, 2018) (Hebrew)

Tikkun of the Self, in JEWISH THOUGHT AND SPIRITUALITY: TIKKUN OLAM (Mesorah Matrix, 2019)

Choice and Obligation, in JEWISH THOUGHT AND SPIRITUALITY: U-VACHARTA BA-CHAYIM vol. 8 (Mesorah Matrix, 2018)

Women's Voices of Renewal within Tradition, 22(1) ANGELAKI (2017) 163-181, in PELAGIA GOULIMARI (ED.), WOMEN WRITING ACROSS CULTURES (Routledge, 2017)

Speech, Balance, and a Telos of Respect: Review of ABRAHAM DRASSINOWER'S WHAT'S WRONG WITH COPYING?, 29(1) I.P.J. 11 (2016)

Copyright and Positive Freedom: Kantian and Jewish Thought on Authorial Rights and Duties, 63(4) J. COPYRIGHT SOC'Y U.S.A. 551 (Fall, 2016)

The Transformative Authorial Self in Jewish Thought (2015) 6:2 W.I.P.O.J. 149  

Copyright, Creativity, and Transformative Use, in HELLE PORSDAM (ED.), COPYRIGHTING CREATIVITY: CREATIVE VALUES, CULTURAL HERITAGE INSTITUTIONS AND SYSTEMS OF INTELLECTUAL PROPERTY (Ashgate, 2015; Routledge, 2016)

The Philosophy of Copyright: Rights and Duties of Expression, in MIRIAM MARCOWITZ-BITTON, LIOR ZEMER (EDS.), INTERDISCIPLINARY STUDY OF INTELLECTUAL PROPERTY LAW (Hebrew)(Nevo 2016)

The Moral Right of Integrity, the Defense of Reasonableness, and the Balance Between Them, 8 ALEI MISHPAT 237 (2010) (Hebrew)
- cited, inter alia, in Katz v. Rotman (Central Dist. Ct., July 2010), and Shapiro v. Regen (Jerusalem Dist. Ct., November 2011)

In Defence of Autonomy: An Ethic of Care, 3:2 N.Y.U.  J. L. AND LIBERTY 548 (2008)

Kant on Copyright: Rights of Transformative Authorship, 25(3) CARDOZO ARTS AND ENT.  L. J. 1059 (2008)

Authors’ Rights as a Limit to Copyright Control, in FIONA MACMILLAN (ED.), NEW DIRECTIONS IN COPYRIGHT vol. 6 (Edward Elgar 2007)

Private Control/Public Speech, co-authored with Michael Spence, in KATJA S. ZIEGLER (ED.), HUMAN RIGHTS AND PRIVATE LAW: PRIVACY AS AUTONOMY (Hart 2007)

The Moral Right of Integrity: A Freedom of Expression, in FIONA MACMILLAN (ED.), NEW DIRECTIONS IN COPYRIGHT vol. 2 (Edward Elgar 2006)

Adaptations with Integrity, in HELLE PORSDAM (ED.), COPYRIGHT AND OTHER FAIRY TALES: HANS CHRISTIAN ANDERSEN AND THE COMMODIFICATION OF COPYRIGHT (Edward Elgar 2006)

Christo’s Gates and the Meaning of Art: Lessons for the Law [2005] EUROPEAN INTELLECTUAL PROPERTY REVIEW 389

Defamation Law in a Changing Society: the case of Youssoupoff v Metro-Goldwyn Mayer, 20 LEGAL STUDIES 291 (2000)

Protecting Satire Against Libel Claims: A New Reading of the First Amendment’s Opinion Privilege, 98 YALE L.J. 1215 (1989)
   - reprinted in SWANSON & CASTLE (EDS.), A FIRST AMENDMENT HANDBOOK (1990)
   - cited in New Times, Inc. v Isaacks, 91 S.W.3d 844 (2002)

Revitalizing Public Interest Law in the 1990’s: The Story of One Effort to Address the Problem of Homelessness, 34 HOWARD L. J. 91 (1991)(co-authored)

Books