Contributions to Books

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  Domestic Violence and Firearms

  Suzanne E. Tomkins

  Published as Chapter 10 in Domestic Violence, Thomas F. Liotti, ed.

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  The Meaning of Killing

  Guyora Binder

  Published as Chapter 4 in Modern Histories of Crime and Punishment, Markus D. Dubber & Lindsay Farmer, eds.

  The modern lawyer thinks of homicide as a crime of result. To convict a suspect of homicide, the prosecution must prove she committed an act causing the death of another, accompanied by a culpable mental state. The law conceived homicide very differently in seventeenth-and eighteenth-century England: a killing required an act culturally recognizable as a violent assault. By “rethinking” killing as a kind of act rather than a result, this paper explains the transformation of homicide from unexcused killing to culpable causing. It examines a cross-section of the homicide cases reported in the Proceedings of the Old Bailey between 1674 and 1834. The study’s cases suggest that the categories of murder, manslaughter, and accidental death were distinguished primarily on the basis of differences in conduct rather than mental states, and that intent to kill was almost completely peripheral in seventeenth and eighteenth century English homicide law.

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  Any Hope for Happily Ever After? Reflections on Rapanos and the Future of the Clean Water Act Section 404 Program

  Kim Diana Connolly

  Published in The Supreme Court and the Clean Water Act: Five Essays, L. Kinvin Wroth, ed.

  This essay takes an initial fanciful look at the history of Clean Water Act Section 404 jurisdiction, then following a brief overview of the 2006 Rapanos v. United States decision and events leading up to it, provides an overview of the United States Army Corps of Engineers permitting process. The concluding section attempts to address the outstanding question presented by this essay: can there ever be a “happily ever after" when it comes to protections for wetlands and other waters following recent developments in the 404 program.

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  Globalization and Law in Everyday Life

  David M. Engel

  Published in Encyclopedia of Law and Society: American and Global Perspectives, David S. Clark, ed.

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  Lessons for Forensic Practice Drawn from the Law of Malpractice

  Stuart A. Greenberg, Daniel W. Shuman, Stephen R. Feldman, Collin Middleton, and Charles Patrick Ewing

  Published as Chapter 17 in Forensic Psychology: Emerging Topics and Expanding Roles, Alan M. Goldstein, ed.

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  Capital Gains and Losses

  Stuart G. Lazar

  Published as Chapter 22 in Mertens Law of Federal Income Taxation.

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  APSA Law & Courts Section

  Lynn M. Mather

  Published in Encyclopedia of Law and Society: American and Global Perspectives, David S. Clark, ed.

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  Baldy Center for Law & Social Policy

  Lynn M. Mather

  Published in Encyclopedia of Law and Society: American and Global Perspectives, David S. Clark, ed.

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  Beyond Westphalia: Competitive Legalization in Emerging Transnational Regulatory Systems

  Errol E. Meidinger

  Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

  This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar patterns are evident in agriculture, fisheries, apparel, and mining, among other sectors.

  The paper describes the institutional structures and routines of the new regulatory systems, their interactions with state based systems, and some possible broader implications for law and society. Among other things, it notes that the emerging regulatory systems permeate their sectors with increasingly broad and deep rule systems and seek to remain highly dynamic at the same time. The paper closes with a brief discussion of whether the systems might be sketching the outlines of new forms of transnational democracy.

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  Using Forest Certification to Strengthen Rural Communities: Cases from Northwest Russia

  Errol E. Meidinger

  Published as Chapter 7 in Endangered Species and Forests: Legal Perspectives, A Usha, ed.

  The rapid globalization of forest products markets has placed many rural forest-based communities under considerable pressure to rapidly exploit forest resources. To counter, transnational environmental organizations have promoted programs for forest certification, seeking to use global market forces to support environmentally and socially responsible forest management. This paper reports the impacts of the Forest Stewardship Council certification program on four rural communities in northwestern Russia. Drawing on network analysis, community studies methods and the concept of "social imaginaries", it finds that several variables can maximize positive outcomes for local communities. The most important variable is the degree of involvement by globally networked environmental organizations. Also important are the commitment of forest enterprises to certification, pre-Perestroika social structures in local communities, and local expectations about possible reactions of European consumers.

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  Motions, Appeals, and Other Procedural Tools for GAL Representation

  Pamela Newell

  Published as Chapter 6 in Guardian ad Litem (GAL) Attorney Manual, North Carolina Administrative Office of the Courts, ed.

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  Law and Literature

  Guyora Binder

  Published in The Johns Hopkins Guide to Literary Theory and Criticism, 2d edition, Michael Groden, Martin Kreiswirth & Imre Szeman, eds.

  This encyclopedia entry provides an historical overview of the law and literature movement. It discusses the involvement of lawyers in American literature in the antebellum period, interest in judicial rhetoric and philosophy of language among progressive era legal theorists, and the turn to literary theory among American constitutional theorists and critical legal scholars during the late twentieth century. The emergence of law and literature movements in the U.K. and on the continent are also briefly discussed. Authors discussed include Ronald Dworkin, Stanley Fish, Peter Goodrich, Martha Nussbaum, Richard Weisberg, Brook Thomas, Robert Weisberg, Robin West, and J.B. White.

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  Voting and Elections

  James A. Gardner

  Published as Chapter 6 in State Constitutions for the 21st Century, Volume 3: The Agenda of State Constitutional Reform, G. Alan Tarr & Robert F. Williams, eds.

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  Incarcerated Masculinities

  Teresa A. Miller

  Published as Chapter 9 in Progressive Black Masculinities, Athena D. Mutua, ed.

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  Introduction: Mapping the Contours of Progressive Masculinities

  Athena D. Mutua

  Published as the introduction to Progessive Black Masculinities, Athena D. Mutua, ed.

  This is the introductory chapter from the edited collection entitled Progressive Black Masculinities. The Introduction explains the origins of the project and the organizers attempts to bring a group of scholars and activist together to explore the experiences, practices and lives of black men from a gender perspective. Seeking to fill a gap in feminists theory, among others, the chapter poses questions to scholar/activists from various perspectives about whether racial profiling constitutes sexism and whether there exist a vision of manhood that does not rely on female subordination.

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  Theorizing Progressive Black Masculinities

  Athena D. Mutua

  Published as Chapter 1 in Progessive Black Masculinities, Athena D. Mutua, ed.

  In this Chapter, I propose a definition of progressive black masculinities as the unique and innovative performances of the masculine self that, on the one hand, personally eschew and ethically and actively stand against social structures of domination. And. on the other hand, they validate and empower black humanity, in all its variety, as part of the diverse and multicultural humanity of others in the global family. I argue that this definition is grounded in the twin concepts of progressive blackness and progressive masculinities. I suggest that both of these are political projects committed to eradicating relations of domination that constrain and reduce human potential. However, each project is directed toward different but overlapping groups of people - black people and men – and focuses on the edification and empowerment of black people as part of a larger antiracist struggle and part of a still larger antidomination or antisubordination project. The project of progressive masculinities is similar but centers its efforts on reorienting men’s concepts and practices away from ideal masculinity, which, by definition, requires the domination of men over women, children, and, yes, other subordinate, or “weaker” men as Patricia Hill Collins examines.

  Black men are the focal point of this project. I suggest two basic points in discussing these projects. First that black men’s embrace of ideal masculinity not only hurts black women, but also hurts black men and black communities as a whole. Second, I suggest that black men are not only oppressed by racism but their oppression is gendered. In other worlds, they are oppressed by gendered racism.

  The first part of this chapter lays out my tentative definition of progressive black masculinities. It then explores the ethical component of the project of progressive blackness. The section on the American Masculine Ideal, seeks to explain in some detail what the masculine ideal is, how it operates as part of the sex-gender system, the way in which boys are socialized into it, and its relationship to the patriarchal order as a site of power. Here I argue that the central feature of masculinity is the domination and the oppression of others; namely women, children, and other subordinated men. The section draws on insights from feminist theory, masculinities studies, and gay and queer theory as a way of defining the project of progressive masculinities.

  The second part of the chapter analyzes a number of theories that seek to answer the question of where black men stand in relationship to hegemonic masculinity given their subjugation by racial oppression. Are they privileged by gender or oppressed by gender? Here the case is made that they both benefit and are disadvantaged by gender. The focus is the gendered racial oppression of black men. Specifically, the section looks at three theories: 1), black nationalist insights that suggest that racism precludes male privileges to black men; 2), intersectionality theory, which initially seemed to posit that black men are privileged by gender and oppressed by race; and 3) multidimensionality theory, which recognizes that black men are not homogeneous but rather are diverse by class, sexuality, religion, and other systems of subordination, and are seen as a single multidimensional positionality.

  The final parts of the chapter suggest reasons why black men should engage in a project of progressive black masculinities. It looks at the political and intellectual projects of various groups concerned with the welfare of black people, including black nationalism; Afrocentricity; black feminist thought; black gay and lesbian theory, critical race theory; and black transformationalist ideas, as well as, relying on the experiential knowledge and history of black people.

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  Political Parties in Transitions: The Kenyan Experience

  Makau wa Mutua

  Published as Chapter 8 in Political Succession in East Africa: In Search for a Limited Leadership, Chris Maina Peter & Fritz Kopsieker, eds.

  Political parties, as the sole organs that rule the state, must understand, advance, and defend the country’s national interests. Although political parties will differ in ideology and philosophy, they nevertheless must espouse and abide by core national interests. Many East African states, including Kenya, lack a progressive-or even a clear unambiguous – political party’s law that would set strict and fair criteria to govern political parties. The lessons to be drawn from the Kenyan experience are several and include the observation that political parties in East Africa are generally fragile, lack a national outlook, are not driven by clearly differing ideologies in the context of the same state, and woefully lack a viable resource base. But in general, even with these debilitating factors, political parties seem to be committed, at least rhetorically, to the creation of liberal democratic, open market states. This orientation represents the consensus of elites in the region. The problem has been the inability of the elites to translate these aspirations into reality because of the countervailing interests entrenched in corruption, ethnic politics, narrow personal agendas, and underdeveloped economies.

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  Beyond Competitive Victimhood: Abandoning Arguments That Black Women or Black Men Are Worse Off

  Stephanie L. Phillips

  Published in Progressive Black Masculinities, Athena D. Mutua, ed.

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  Looseleaf Services Exercises

  Elizabeth G. Adelman

  Published in Legal Research Exercises Following the Bluebook, Nancy P. Johnson & Susan T. Phillips, eds.

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  "An Injury to One…": Transnational Labor Solidarity and the Role of Domestic Law

  James B. Atleson

  Published as Chapter 8 in Workers' Rights as Human Rights, James A. Gross, ed.

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  The Corps Administrative Appeal Process

  Kim Diana Connolly

  Published as Chapter 11 in Wetlands Law and Policy: Understanding Section 404, Kim Diana Connolly, Stephen M. Johnson & Douglas R. Williams, eds.

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  Law and Religion: Law and Religion in Buddhism

  Rebecca Redwood French

  Published in Encyclopedia of Religion, Second Edition.

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  Power, Autonomy, and Politics under Local Government Charters in the United States

  James A. Gardner

  Published in Statuty jednostek samorządu terytorialnego : regulacje Europejskie i Amerykańskie [Local Government Charters : European and American Regulations], Wieslaw Kisiel, ed.

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  Dartmouth College v. Woodward

  Alfred S. Konefsky

  Published in The Oxford Companion to the Supreme Court of the United States, second edition, Kermit L. Hall, ed.

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  Courts in American Popular Culture

  Lynn M. Mather

  Published as Chapter 9 in The Judicial Branch, Kermit L. Hall & Kevin T. McGuire, eds.