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  Charles B. Sears Law Library, University at Buffalo School of Law

  Elizabeth G. Adelman and Evviva Weinraub Lajoie

  Published in Organizational Structures of Academic Law Libraries: Past, Present, and Future, Elizabeth Adelman & Jessica de Perio Wittman, eds.

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  Constitutional Patriotism as Europe’s Public Philosophy? On the Responsiveness of Post-National Law

  Paul Linden-Retek

  Published as Chapter 13 in Constitutional Patriotism as Europe’s Public Philosophy? On the Responsiveness of Post-National Law, Jan Komárek, ed.

  This chapter critiques Jürgen Habermas’s concept of constitutional patriotism—and its basis in his discourse theory of democracy and law—from the analytic perspective of ‘constitutional imaginaries’, and details the consequences of this critique for the constitutional discourse of the contemporary European judiciary. In the first instance, analysis of constitutional imaginaries reveals the extent to which civic attachment to constitutional law is oriented not merely to legal principles simpliciter but also to the historical settlement of political conflict those principles reflect. This suggests that the plurality of constitutional imaginaries in the European legal space poses additional difficulties for inspiring civic attachments post-nationally. Second, understanding Habermas’s work in this light opens new avenues for rethinking the interpretive and structural tasks to which Europe’s juridical institutions should be directed. In particular, the chapter proposes more responsive forms of proceduralism able to sustain the reflexivity of constitutional imagination that post-national politics requires.

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  Guide to Bill of Attainder Clauses in Article I, sections 9 and 10

  Matthew J. Steilen

  These are commentaries on the Bill of Attainder Clauses in Article I, sections 9 and 10. Each is 2000 words long. They are forthcoming in the 3d edition of Heritage Guide to the Constitution. Topics covered include the history of English bills of attainder, the meaning of "bill," "notorious," "attainder," and other key terms, bills of attainder passed against loyalists during the American revolution, the Josiah Philips case, the legislative history of the clauses in the Philadelphia Convention, early Supreme Court decisions involving bills of attainder, and the modern doctrine. Inline citations and a short bibliography are included. The author has written several earlier studies of English and American bills of attainder.

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  Academic Brands and Cognitive Dissonance

  Mark Bartholomew

  Published as Chapter 7 in Academic Brands: Distinction in Global Higher Education (Mario Biagioli & Madhavi Sunder, eds., Cambridge University Press, 2022).

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  Amphibious Legal Geographies: Toward Land–Sea Regimes

  Irus Braverman

  This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the juridical thinking that has enshrined the land/sea divide into contemporary governmental infrastructures, disciplinary traditions, and regulatory apparatuses, and charts the disastrous implications that such a legal fixation on the land/sea binary has wrought on human and other-than-human lifeworlds. As the collection proceeds, a second broad theme emerges, building on the first: when one rethinks the abstraction of law as played out on the ground, the “ground” itself shifts and fundamental divisions between land and sea that serve as the foundations of Western law are undermined. “A first step in this process,” as John Gillis states in his archeological challenge to the Garden of Eden myth, “is to recognize that land and water are opposites but inseparable parts of an ecological continuum”.

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  Citizen Scientists and Conservation in the Anthropocene: From Monitoring to Making Coral

  Irus Braverman

  Published as Chapter 7 in The Nature of Data: Infrastructures, Environments, Politics, Jenny E. Goldstein & Eric Nost, eds.

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  Marine Genetic Resources in Areas Beyond National Jurisdiction

  Irus Braverman

  Areas beyond national jurisdiction are the largest environment on earth and marine genetic resources are its new, and perhaps final, frontier. It is no wonder, then, that the scope and protection of marine genetic resources in this oceanic space have been hotly contested and that a new doctrine for ocean governance has been coined in this context: mare geneticum. This chapter examines different definitions of marine genetic resources debated in the ongoing treaty negotiations over areas beyond national jurisdiction (the BBNJ), the conflicting interests involved, and how the law-science relationship has figured in these debates. Ultimately, many of the debates do not challenge the extractivist mindset, which s, decontextualizes, and recontextualizes ocean life into resources and benefits and that journey from data into information. Drawing on the details of the law-science debate about the scope of marine genetic resources, this chapter calls upon the community of ocean experts, both legal and scientific, to seize the precious opportunity of crafting a new treaty for areas beyond national jurisdiction to challenge the extractivist mindset and to consider an alternative mode of relating to ocean lifeworlds.

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  More-than-One Health, More-than-One Governance

  Irus Braverman

  Published as the introduction to More-than-One Health: Humans, Animals, and the Environment Post-COVID, Irus Braverman, ed.

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  Colombia: Recent History

  Jorge Luis Fabra-Zamora and Andrés Molina Ochoa

  Published in South America, Central America and the Caribbean 2023, Europa Publications, ed. and online at Europa World.

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  Preface

  Rebecca Redwood French

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  Electoral Systems and Conceptions of Politics

  James A. Gardner

  Published as chapter 8 in Comparative Election Law (James A. Gardner, ed., Edward Elgar Publishing, 2022).

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  El misterioso éxito de una democracia federal

  James A. Gardner

  Published in Decisión democrática y forma constitucional, Pablo Riberi & Pedro Salazar Ugarte, eds.

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  Introduction: Election Law—Universal or Particular?

  James A. Gardner

  Published as the introduction to Comparative Election Law (James A. Gardner, ed., Edward Elgar Publishing, 2022).

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  The fraud of John Locke: subnational challenges to democratic theory

  Makau wa Mutua

  Published as chapter 6 in Comparative Election Law (James A. Gardner, ed., Edward Elgar Publishing, 2022).

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  Wesley Newcomb Hohfeld: On the Difficulty of Becoming a Law Professor

  John Henry Schlegel

  Published as Chapter 18 in Wesley Hohfeld A Century Later: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman & Henry Smith, eds.

  Wesley Hohfeld (1879 - 1918) is well known to legal philosophers and to property teachers for his table of fundamental conceptions, a terminological framework for understanding legal doctrine and reasoning. This work was also substantively important for some members of the American Legal Realist movement and Critical Legal Studies. More personally he was part of the generation of law teachers who had to figure out how to become a professional academic in the years after completion of the job of reordering of the corpus juris in the wake of the demise of the writ system. A Harvard Law School educated westerner who ambivalently wanted to move east from his post at the then decidedly non-elite Stanford Law School, Hohfeld eventually made it to the then decidedly non-elite Yale Law School. His relatively brief career sheds light on both how in the years before World War I legal academics built a professional identity and how they navigated the nascent law school network. It also raises a question of how an analytical legal scholar might have responded to later developments in jurisprudence.

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  Introduction

  Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora

  In this chapter, the editors propose a new account for answering the question about the meaning of 'objectivity' based on the following steps. First, they determine the normative function of the adjective 'objective'. Second, they criticise those positions that argue that a negative sense of 'objectivity' is sufficient to define it. Third, they explain the reasons why reductivist attempts to define 'objectivity' are untenable. Fourth, they rule out an alternative account of the definition of 'objectivity' inspired by Wittgenstein's notion of family resemblance. Finally, in response to the defects of all these views, they argue for a new account of the definition of 'objectivity' premised on the Aristotelian notion of core-dependent homonymous. This conception allows them to show the fabric that illuminates the various senses of objectivity discussed in the volume, whose content is presented in the second part of this chapter. In the final section of this chapter, the editors sketch some possible lines of research that stem from the thoughts advanced in this collection.

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  Judith Shklar’s Critique of Legalism

  Seyla Benhabib and Paul Linden-Retek

  Published as Chapter 16 in The Cambridge Companion to the Rule of Law, Jens Meierhenrich & Martin Loughlin, eds.

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  Animals

  Irus Braverman

  Published as Chapter 12 in The Routledge Handbook of Law and Society, Mariana Valverde, Kamari M. Clarke, Eve Darian Smith & Prabha Kotiswaran, eds.

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  Evgeny Pashukanis’ Commodity-Form Theory of Law

  Matthew Dimick

  Published as Chapter 8 in Research Handbook on Law and Marxism, Paul O’Connell & Umut Özsu, eds.

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  Introduction

  Jorge Luis Fabra-Zamora, Andrés Molina-Ochoa, and Nancy C. Doubleday

  This book is the first systematic, interdisciplinary examination of the peace agreement signed between the Colombian Government and the Revolutionary Armed Forces of Colombia to end one of the largest and most violent conflicts in the Western Hemisphere. It discusses the achievements, failures, and challenges of this innovative peace agreement and its implications for Colombia’s future. Contributors include negotiators of the Agreement, judges of the Special Jurisdiction for Peace, representatives of the civil society, and leading academic experts in peace studies, human rights, international law, criminal law, transitional justice, political science, and philosophy. Based on the premise that peace is a form of transferable social knowledge, and therefore necessitates transformative social learning, the volume also discusses what other countries can learn from the Colombian experience.

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  Introduction

  Jorge Luis Fabra-Zamora and Gonzalo Villa Rosas

  The introduction sets the stage by explaining the goals of conceptual jurisprudence and providing a summary of the essays.

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  Subnational Constitutionalism in the United States: Powerful states in a powerful federation

  James A. Gardner

  Published as Chapter 19 in Routledge Handbook of Subnational Constitutions and Constitutionalism, Patricia Popelier, Nicholas Aroney & Giacomo Delledonne, eds.

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  Transparency in the Insurance Contract Law in the United States

  Aviva Abramovsky and Peter Kochenburger

  Published in Transparency in Insurance Contract Law, Pierpaolo Marano & Kyriaki Noussia, eds.

  In the United States, a mix of government regulation and common law decisions govern insurance contracts, and “transparency” in this context does not have a fixed meaning. There are not the sharp distinctions between public and private law that exist in many other jurisdictions (particularly in civil law countries). This is especially true in insurance, where laws regulating insurance contracts are typically a mix of specific government interaction—statutes, regulations, and regulatory notices and bulletins—and the common (“judge-made”) law. For these reasons, transparency standards for insurance agreements are best understood as including both access to essential information about the contract—the cost, forms, terms, endorsements, etc.—and disclosure and other regulatory requirements that support actual knowledge by the parties entering into the insurance agreement and consumer certainty of what coverage is provided.

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  Centralization of the Academic Law Library: Is It Right for Your Institution?

  Elizabeth G. Adelman

  Published in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts, Michelle M. Wu, Scott B. Pagel & Joan S. Howland, eds.

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  Oculta a Plena Vista: La Geografía Jurídica Desde Una Perspectiva Visual

  Irus Braverman

  Published in Derecho y geografía: espacio, poder y sistema jurídico, Richard T. Ford, Irus Braverman, Mariana Valverde & Maria Victoria Castro Cristancho, eds.