Shay Keinan is a PhD candidate at the ANU College of Law. He holds an LLB degree (magna cum laude) from Tel Aviv University and an LLM degree from the University of Hamburg, Bologna University and the University of Manchester (as part of the European Master in Law and Economics programme).
Prior to joining the ANU College of Law, Shay was a PhD candidate at the Griffith Law School, Griffith University, Brisbane. During the period 2007 to 2012, Shay practiced as a commercial lawyer in several Israeli law firms.
Shay tutors tort law and contract law at the ANU College of Law.
Significant research publications
Mirko D Garasic and Shay Keinan, Is Feminist Theory Incapable of Condemning Rape by Deception? Kínesis, Vol. VII, n° 15, Dezembro 2015, p.282-295
Please note, only a small selection of recent publications and activities are listed below.
Research projects & collaborations
Books & edited collections
Refereed journal articles
Conference papers & presentations
Internal ANU Committees
Case notes & book reviews
Diasporas involved: can diasporas be involved in constitutional deliberations in their home countries?
Diaspora studies has emerged as a distinct academic field in recent years, focusing on the relationship between dispersed ethnic populations and their countries of origin (“kin-states”). Democratic states face increasing challenges when interacting with these often large and influential groups. How and to what extent can a democracy accommodate the interests of non-citizens who nevertheless maintain a strong connection to the nation kin-state? I suggest in my thesis that deliberative democratic theory can be useful in addressing such issues of diaspora involvement. Deliberative processes can enable people in the diaspora to affect the shaping of laws in their kin-states in ways other than voting. For concrete examples, I refer to cases from the Israeli Supreme Court, in which diaspora groups have been involved in deliberations regarding constitutional questions with direct impacts on the Jewish diaspora, their relationship with the state of Israel and the rights of Israel’s minorities.