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Gilad Mills
S.J.D. Candidate

gmills at


A Private Law “Fairness Doctrine”: Rethinking Fairness in Private Law for Accommodating a Healthier Media Ecosystem

My research explores the relationship between social media platforms, their users, and the public as a whole, and asks to outline a new “Private Law Fairness Doctrine” that requires social media platforms to duly weigh individual and public interests in the course of their business.
Past attempts to introduce such fairness requirements to social media, or to the media ecosystem more generally, primarily relied on constitutional analyses, which raised significant difficulties. Such difficulties can be potentially evaded by approaching the matter through private law.

However, in order to properly outline an imposable private law “duty of fairness”, my dissertation will explore various bodies of theory, including private law theory, normative theories of fairness, and limiting principles developed and theorized in the field of equity. By amalgamating insights from these various fields, my research aims to provide a workable doctrine, that can be reasonably applied to the media context, and thereafter extrapolated to other forms of private interaction which share similar relevant traits.

Fields of Research and Supervisors

  • First Amendment and Media Regulation with Professor Martha Minow, Harvard Law School, Principal Faculty Supervisor
  • Private Law and Fairness with Professor John Goldberg, Harvard Law School
  • Equity with Professor Henry Smith, Harvard Law School
  • Administrative Fairness with Justice Daphne Barak-Erez, Israel Supreme Court

Additional Research Interests

  • First Amendment Jurisprudence
  • Media Regulation
  • Private Law Theory
  • Contracts
  • Torts
  • Theories of Fairness
  • Equity


  • Harvard Law School, S.J.D. Candidate 2021 – Present
  • Harvard Law School, LL.M. Program 2020-2021 (requirements fulfilled, degree waived)
  • Tel Aviv University Faculty of Law, LL.B., 2011-2015
  • Tel Aviv University School of Economics, B.A., 2011-2015

Academic Appointments and Fellowships

  • Harvard Law School, Graduate Program Fellow
  • Tel Aviv University, 2018, Teacher Assistant (Legal Prodecure)

Additional Information

  • Languages: English, Hebrew

Last Updated: July 14, 2021