Contributions to Books

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  Order and Disorder in the Urban Forest: A Foucauldian-Latourian Perspective

  Irus Braverman

  Published as Chapter 9 in Urban Forests, Trees, and Greenspace: A Political Ecology Perspective, L. Anders Sandberg, Adrina Bardekjian & Sadia Butt, eds.

  We pass by street trees everyday. Their existence as well as their particular location in the city seems obvious, innocuous, natural. But, as is the case with most taken-for-granted "things" (Brown, 2011), some excavation is bound to reveal a more complicated and even ideological story. This study focuses on such a story: the story of the clandestine governance of nature and of humans by way of nature - all through the construction and regulation of city street trees. This story problematizes the mundane display of urban space in general, and of urban street trees in particular, as technical and apolitical, and instead promotes an understanding of nonhumans and humans as constantly negotiating spatial order and disorder through law.

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  Who's Afraid of Methodology? Advocating a Methodological Turn in Legal Geography

  Irus Braverman

  Published as Chapter 5 in The Expanding Spaces of Law: a Timely Legal Geography, Irus Braverman, Nicholas Blomley, David Delaney & Alexandre Kedar, eds.

  Alongside the push to expand legal geography into new spaces and temporalities “out there,” this chapter proposes an inward expansion: a reflection on how we come to write what we write rather than where, when, and why we do so. Such greater awareness to the craftsmanship of our scholarship will pay off in a range of ways and, most importantly, by increasing our methodological diversity and interdisciplinarity. The chapter reflects on the pitfalls and virtues of my own zoo ethnography with the aim of inviting legal geographers to explore how they have crafted and choose to craft their own research. The chapter argues that because of our unique training in the nexus of law and geography, we are well equipped to explore administrative structures and cultures. Institutional and bureaucratic ethnographies should thus perform a more important role in legal geography.

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  Introduction: Expanding the Spaces of Law

  Irus Braverman, Nicholas Blomley, David Delaney, and Alexandre (Sandy) Kedar

  Published as the introduction to The Expanding Spaces of Law: a Timely Legal Geography, Irus Braverman, Nicholas Blomley, David Delaney & Alexandre Kedar, eds.

  Legal geography is a stream of scholarship that takes the interconnections between law and spatiality, and especially their reciprocal construction, as core objects of inquiry. Legal geographers contend that in the world of lived social relations and experience, aspects of the social that are analytically identified as either legal or spatial are conjoined and co-constituted. The legal geography scholarship highlights that nearly every aspect of law is either located, takes place, is in motion, or has some spatial frame of reference. In other words, law is always “worlded” in some way. Likewise, every bit of social space, lived places, and landscapes are inscribed with legal significance. Distinctively legal forms of meaning are projected onto every segment of the physical world. These meanings are open to interpretation and may become involved in a range of legal practices. Such fragments of a socially segmented world — the where of law — are not simply the inert sites of law, but are inextricably implicated in how law happens.

  This introduction to the forthcoming book The Expanding Spaces of Law: A Timely Legal Geography (Stanford University Press) identifies and elaborates on three modes of legal geographic research. The first mode of legal geography includes disciplinary work in law or in geography that is modeled on the conventional image of import and export. The second is an interdisciplinary pursuit in which scholars in the eponymous fields draw on the work of each other and seek to contribute to the development of a common project. The third mode moves beyond legal geography to trans-disciplinary, or perhaps even post-disciplinary, modes of scholarship. Although these three modes exist concurrently, the general trajectory over time has been from disciplinary to interdisciplinary and, finally, to post-disciplinary orientations. This triadic classification helps organize the rich yet eclectic legal geography scholarship that has evolved over the last thirty years or so. While this introduction contains elements of each mode, it also urges interested scholars to move legal geography beyond the disciplinary boundaries into the horizons of a post-legal geography. Ironically, then, the ultimate success of legal geography will be in its ability to transcend the bi-disciplinary focus that has characterized so much of this scholarship up to this point.

  In addition to the introduction, the book consists of ten chapters. In the first three, Keebet and the late Franz von Benda-Beckmann, Mariana Valverde, and Nicholas Blomley identify gaps and obstacles in existing approaches to legal geography scholarship and offer remedies. An important sub-theme in each of these chapters is the importance of being more mindful of the temporalities of social, spatial, and legal phenomena. Authored by Alexandre (Sandy) Kedar and Irus Braverman, the next two chapters ask how a critical comparative legal geography might not only draw upon but also contribute to a rejuvenated project of comparative law and the methodological stakes of legal geography scholarship. The remaining five chapters expand legal geography into new spaces and make new connections. Specifically, Michael Smith, Antonio Azuela and Rodrigo Meneses, Lisa Pruitt, Melinda Benson, and David Delaney develop novel interpretive resources with the aim of enhancing interdisciplinarity, applying these tools to particular kinds of spaces and places: war zones, the street, the workplace, American rurality, and procedural spaces.

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  Comparative Criminal Law

  Luis E. Chiesa

  Published as Chapter 47 in The Oxford Handbook of Criminal Law, Markus Dubber & Tatjana Hörnle, eds.

  Criminal law is a parochial discipline. Courts and scholars in the English speaking world seldom take seriously the criminal statutes, cases and scholarly writings published in the non-English speaking world. The same is true the other way around. This is unfortunate. Much can be learned from comparing the way in which the world’s leading legal systems approach important questions of criminal theory.

  This Chapter introduces the reader to comparative criminal law with the aim of demonstrating how comparative analysis can enrich both domestic and international understandings of criminal law. The Chapter is comprised of four parts. Part I clarifies what it means to do comparative criminal law and distinguishes it from similar endeavors such as compiling criminal law. Part II explains why engaging in comparative analysis is useful to both strengthen domestic criminal law doctrines and to better understand international criminal law. Part III discusses some of the obstacles that must be overcome in order to engage in meaningful comparative analysis. Finally, Part IV engages in a comparative analysis of attempt liability and mens rea in order to illustrate how to do comparative criminal law and the benefits that might be reaped from doing so.

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  General Defences to Criminal Liability in the United States

  Luis E. Chiesa

  Published as Chapter 23 in General Defences in Criminal Law: Domestic and Comparative Perspectives, Alan Reed, Michael Bohlander, eds.

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  United States of America

  Luis E. Chiesa

  Published as Chapter 23 in General Defences in Criminal Law: Domestic and Comparative Perspectives, Alan Reed, Michael Bohlander, Nicola Wake & Emma Smith, eds.

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  The Role of Health and Mental Health Professionals in the Capital Punishment Process

  Charles Patrick Ewing and Steven K. Erickson

  Published as Chapter 22 in America's Experiment with Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction, Third Edition, James R. Acker, Robert M. Bohm & Charles S. Lanier, eds.

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  Why Research Universities Should Support and Foster Teaching Excellence

  Lucinda M. Finley

  Published in Effective Teaching at the College and University Level in India, J. Adsit & P. Jalote, eds.

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  Buddhism and Law in Tibet

  Rebecca Redwood French

  Published as Chapter 17 in Buddhism and Law: An Introduction, Rebecca Redwood French & Mark A. Nathan, eds.

  The Tibetan plateau is an immense high-altitude desert that, except for a few larger towns, was very sparsely populated with agriculturalists, nomadic herders, and merchant traders prior to 1960. The small population and minimal urbanization are the most important distinguishing features of this Buddhist country because concentrated populations are commonly connected to the development of government administration, law, and intellectual production. Despite this, Tibetan culture is known for its long history of enormous production of literary, scholarly, and religious works. Books on Buddhism and other topics from the five traditional classifications of knowledge in Tibet – arts and crafts, medicine, language, logic and Buddhism – were written and printed throughout much of Tibetan history.

  When discussing the relationship between law and Buddhism in Tibet, the number of topics and the many historical twists and turns are daunting given the long history, the growth in Tibetan scholarship, and the rich textual resources available. As it is not possible to cover all of Tibetan legal history, this essay will concentrate on four distinct periods, providing a brief political history followed by a discussion of law during each period: (1) the Empire period (c. 600–850), which is the origin of many of the original customary law practices that were codified over the centuries; (2) the First Patron-Priest period (c. 1264–1350) in which a particular political formation, “the patron-priest,” resulted in the interweaving of Buddhist principles with legal and political institutions into a “Buddhist government”; (3) the Law Code Drafting period (c. 1618–1705) in which the law codes were developed and took on a very specific form and shape that included Buddhist elements in the prologue, factoring, and forms of reasoning; and (4) the 1940s in Tibet, the period before the Chinese takeover, in which we can look at the daily practice of law as it blends ordinary bureaucratic decision-making with a continuous thread of customary practices from early times and embedded Buddhist concepts

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  Introducing Buddhism and Law

  Rebecca Redwood French and Mark A. Nathan

  Published as the introduction to Buddhism and Law: An Introduction, Rebecca Redwood French & Mark A. Nathan, eds.

  Some edited volumes are self-explanatory and others need a substantial introduction to the material; the latter is the case with this volume. While the title is intriguing, many readers will need a guidebook to explain much of what they are encountering here. And it is well worth the effort as the material is some of the most exciting and unorthodox both on legal systems and in Buddhist Studies. Therefore, the task of this introduction to the volume is to provide readers with a road map to define the object of study, and to offer ways to think about the field of Buddhism and Law.

  This introduction is divided into three main sections: Buddhism, Law, and Buddhism and Law. The first, Buddhism, presents a brief account of the life of the Buddha before turning to an examination of dharma, a fundamental term in Buddhism that has long been translated as law. A discussion of Buddhist monasticism and some of the misconceptions that have surrounded the place of the monastic community in society comes next, followed by a consideration of the Vinaya, the canonical Buddhist law codes that have served to regulate the religious life of Buddhist monasteries. Buddhist traditions also possess a wealth of other legal texts and materials, most of which reflect attempts to devise supplementary rules and regulations that fit local conditions, and these are introduced last

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  The Trans-Pacific Partnership Agreement and Development

  Meredith Kolsky Lewis

  Published as Chapter 3 in Trade Liberalisation and International Co-operation: a Legal Analysis of the Trans-Pacific Partnership Agreement, Tania Voon, ed.

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  What to Do When Disagreement Strikes? The Complexity of Dispute Settlement under Trade Agreements

  Meredith Kolsky Lewis and Peter Van den Bossche

  Published as Chapter 1 in Trade Agreements at the Crossroads, Susy Frankel & Meredith Kolsky Lewis, eds.

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  An Eye Toward Effective Enforcement: A Technical-Comparative Approach to the Drafting Negotiations

  Tara J. Melish

  Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.

  The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting strategies of engagement it pursued. Part II turns to some of the key substantive issues DRI focused on in its interventions and advocacy before the Ad Hoc Committee. Part III concludes with a brief reflection on the CRPD, the ultimate efficacy of DRI's approach, and the road ahead.

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  Property Constructs and Nature's Challenge to Perpetuity

  Jessica Owley

  Published as Chapter 4 in Environmental Law and Contrasting Ideas of Nature: a Constructivist Approach, Keith H. Hirokawa, ed.

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  Student Readings

  Danielle Pelfrey Duryea

  Published in The Clinic Seminar, Deborah Epstein, Wallace Mlyniec, & Jane Aiken, eds.

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  Teaching African-American Legal History

  Stephanie L. Phillips

  Published in Teaching Legal History: Comparative Perspectives, Robert M. Jarvis, ed.

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  Bush v. Gore in the American Mind: Reflections and Survey Results on the Tenth Anniversary of the Decision Ending the 2000 Election Controversy

  Amy Semet, Nathaniel Persily, and Stephen Ansolabehere

  Published as Chapter 3 in Election Administration in the United States: The State of Reform after Bush v. Gore, R. Michael Alvarez & Bernard Grofman, eds.

  Very few, if any, Supreme Court cases have captured public attention on a scale comparable to that of Bush v. Gore. The Supreme Court’s involvement was the last scene in a political and courtroom drama that played out for more than a month on television. Even if the legal claims, let alone the holding, in the case were difficult for the public to understand, the import and consequences of the case were not: George W. Bush would be the next president. As a rare, high-salience case with understandable political consequences and clear winners and losers, Bush v. Gore provided a unique test of the Court’s legitimacy in the public mind.

  Scholars who studied the aftermath of Bush v. Gore found conflicting evidence of the decision’s short-term effect on public attitudes toward the Court (see, e.g., Gibson, Caldeira, and Spence, 2003a, 2003b; Kritzer, 2001; Mate and Wright, 2008; Price and Romantan, 2004). A flurry of articles published between 2001 and 2004 debated whether Bush v. Gore indeed “wounded” the Court’s legitimacy (Gibson et al., 2003a, 2003b; Kritzer, 2001; Price and Romantan, 2004; Yates and Whitford, 2002). Some researchers found that the decision altered short-term attitudes toward the Court with opinion polarized along racial and partisan lines (Kritzer, 2001; Mate and Wright, 2008; Price and Romantan, 2004; Yates and Whitford, 2002), while others found little or no effect on feelings about the Court (Gibson et al., 2003a, 2003b). All seemed to agree, however, that Bush v. Gore led to no long-term effects on public opinion about the Court (Gibson, 2007; Mate and Wright, 2008). Within a year, the Court appeared to recover to its pre–Bush v. Gore levels in public support, and the structure of support did not reveal sustained levels of racial or partisan polarization.

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  The Role of States in the National Conversation on Immigration

  Rick Su

  Published as Chapter 7 in Strange Neighbors: The Role of States in Immigration Policy, Carissa Byrne Hessick & Gabriel J. Chin, eds.

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  International Law

  David A. Westbrook

  Published in The Oxford Encyclopedia of Islam and Politics, Emad El-Din Shahin, ed.

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  Legal Tails: Policing American Cities through Animals

  Irus Braverman

  Published as Chapter 8 in Policing Cities: Urban Securitization and Regulation in a 21st Century World, Randy K. Lippert & Kevin Walby, eds.

  “I don’t worry about the four-legged animals,” Officer Armatys tells me as I scramble to catch up when he enters a backyard with a fierce-looking dog. “It’s the two-legged animals I am concerned about.” I interviewed Officer Armatys twice, first in his office in the Erie County’s Society for the Protection of Animals (ESPCA) and, a few months later, on a ride-along during a routine workday. Based on these encounters and numerous others with members of the ESPCA and with city administrators of animal control, this essay conveys bits and pieces of the story of how the City of Buffalo polices its nonhuman population. Specifically, I focus on the regulation and enforcement of dog laws in the city, what I refer to as “legal tails.” I argue that although seemingly enacted to control dogs, animal laws and ordinances are very much a way to monitor and control the conduct of humans. In the city, human-animal relations are expressed, regulated, and surveilled more closely than anywhere else. Animal laws instruct us which animals are allowed into the city and under what conditions. More than regulating the everyday of urban life as it pertains to animals, humans, and the interrelations thereof, such laws and their enforcement help define the very essence of the city. Indeed, such regulations and systems of surveillance define not only the limits of human conduct, but also the limits of the city itself. Through its distinct matrix of animal-human relationships, the city is distinguished from its significant other, the country, where a different set of animal-human relations is permitted to take place.

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  ADN y Proceso Penal

  Luis E. Chiesa

  Published in Los Estados Unidos: Cinco Problemas, Juan Luis Gómez-Colomer, ed.

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  Criminal Participation in the United States

  Luis E. Chiesa

  Published as Chapter 26 in Participation in Crime: Domestic and Comparative Perspectives, Alan Reed & Michael Bohlander, eds.

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  Religion, Modernity, and Injury in Thailand

  David M. Engel

  Published as Chapter 13 in Religion in Disputes: Pervasiveness of Religious Normativity in Disputing Processes, Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Martin Ramstedt & Bertram Turner, eds.

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  Estado del arte de la filosofía de la responsabilidad extracontractual [Introductory Study: State of Art of Philosophy of Tort Law]

  Jorge Luis Fabra-Zamora

  Published as the introduction to Filosofía de la Responsabilidad Extracontractual, Carlos Bernal Pulido & Jorge Fabra-Zamora, eds.

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  The Web of Trade Agreements and Alliances, and Impacts on Regulatory Autonomy

  Susy Frankel, Meredith Kolsky Lewis, Chris Nixon, and John Yeabsley

  Published as Chapter 2 in Recalibrating Behaviour: Smarter Regulation in a Global World, Susy Frankel & Deborah Ryder, eds.

  This book chapter analyses how globalisation has changed and continues to change the nature of trade policy, and consequently affects the ways in which international trade policy interacts with domestic policies to shape the structure of domestic regulation. The chapter compares and contrasts the structure and negotiating methods of different types of trade agreements and alliances and looks at the circumstances where one type of agreement may favour New Zealand over another. The chapter proposes that the multilateral (or many party) agreement is the preferred one because New Zealand has a better chance of coordinating interests with like-minded countries. Conversely, agreements where New Zealand interests either are given no say, or where they are not accommodated because the “top-down” dictated terms are too strong, are not considered the best economic strategy. Agreements which are often, although not always, more of a “bottom-up” integration process tend to work better to improve the overall New Zealand position. Whatever the form of the agreement, the pros and cons need to be carefully considered, particularly where the terms of the agreement may become multilateralised.

  The chapter uses patent law and particularly the demands of the United States, in the Trans-Pacific Partnership (TPP) negotiations, to illustrate the potential difficulties of such top-down agreements. The chapter relies on detailed research not only about trade agreements, but also about how New Zealand no longer has patent term extension and why the current demands of patent term extension represent an economic loss for New Zealand. The question discussed is that when there is such a loss, what the gain is. As well as the TPP, the chapter looks at what is known as ASEAN 6 negotiations and the durability of that potential arrangement.