Tort law scholar Professor Maytal Gilboa joins Western Law
July 18, 2024
Professor Maytal Gilboa
How can traditional legal frameworks rise to the challenges dictated by the demands of pressing global issues?
It’s a timely question that drives the research of Western Law’s newest professor, Maytal Gilboa, PhD, who will join the faculty as an associate professor in January 2025. Gilboa’s research expertise in the areas of tort law, tort theories, unjust enrichment and remedies are a complement to Western Law’s strength in private law theory.
“I truly enjoy exploring the complex problems in these fields and reassessing traditional legal doctrines through various lenses, including economics, philosophy and behavioral theories,” said Gilboa. “Dealing with difficult questions—sometimes timely and presenting new challenges, such as global warming or discrimination in healthcare—helps reach a deeper understanding of the doctrines, and at times requires pushing their traditional boundaries.”
Exploring the interrelationship between societal issues and private law has motivated her recent research on topics such as climate change and racial and gender bias. She takes particular interest in the influence of bias across various private law contexts.
“My work on tort law and racial and gender bias focuses on how bias can infiltrate central legal concepts such as the standard of care, and influence the determination that a medical service provider is liable in negligence in ways that may perpetuate inequality,” said Gilboa. “This project ties into a broader question about how law can serve not only as a mechanism for justice in traditional senses but also adapt in order to confront societal challenges.”
In a forthcoming project, Climate Change as Unjust Enrichment, Gilboa examines another way that private law concepts can be applied to critical societal problems. The paper proposes a paradigm shift in addressing climate change through the lens of the law of unjust enrichment. Gilboa examines how the law of unjust enrichment can be applied to scenarios where entities profit from the overuse of shared resources like air and water, significantly contributing to climate change.
“The goal of this project was to develop a comprehensive doctrinal and theoretical framework that positions unjust enrichment as a viable pathway for climate litigation.” said Gilboa. “The fundamental premise is that the law of unjust enrichment should be considered as an effective practical alternative to traditional tort-based climate litigation, avoiding common difficulties such as the need to prove a defendant's wrongdoing and the harm that this wrongdoing caused.”
Looking ahead, Gilboa welcomes the opportunity to join a scholarly community that aligns with and supports her academic and professional goals.
“What excites me most about joining the faculty at Western Law is the opportunity to engage with a community that values intellectual exchange and provides a supportive academic environment, said Gilboa. “I am mostly looking forward to contributing to and growing within the vibrant community of Western Law and to sharing insights from my own research and teaching experience with both colleagues and students.”
Gilboa has been a faculty member at Bar Ilan Faculty of Law since 2020. Prior to joining Bar Ilan University, she was a postdoctoral fellow at the University of Toronto Faculty of Law. Gilboa received her PhD from Tel Aviv University. She holds a BA in Management, LL.B. (magna cum laude) and LL.M. (as part of the direct PhD program) all from Tel Aviv University.
