People Archive

LAPA Fellow

Paul Schiff Berman

Former Fellow, 2006-2007
Dean and Foundation Professor of Law, Sandra Day O'Connor College of Law, Arizona State University

Armstrong Hall, Tempe, AZ
Paul.S.Berman@ASU.EDU
Website
C.V.

Paul Schiff Berman is Dean and Foundation Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University. His scholarship focuses on the intersection of international law, conflict of laws, cyberspace law, and the cultural analysis of law.  Before arriving at ASU, Dean Berman was the Jesse Root Professor of Law at the University of Connecticut School of Law. For the 2006-07 academic year, Dean Berman was a Visiting Professor at Princeton University in the Program in Law and Public Affairs. He has also served on the Organizing Committee of the Association for the Study of Law, Culture, and the Humanities.

Dean Berman earned his A.B., summa cum laude, from Princeton University in 1988 and his J.D. in 1995 from New York University School of Law, where he served as Managing Editor of the NYU Law Review and received the University Graduation Prize for the graduating law student with the highest cumulative grade point average. He has served as law clerk to then Chief Judge Harry T. Edwards, of the United States Court of Appeals for the District of Columbia Circuit, and for Associate Justice Ruth Bader Ginsburg, of the United States Supreme Court. Prior to entering law school, Dean Berman was a professional theater director in New York City and Artistic Director of Spin Theater. He was also Administrative Director of The Wooster Group and of Richard Foreman's Ontological-Hysteric Theatre at St. Mark's Church.

His recent work, which discusses the multiple effects of globalization on legal systems, includes: The New Legal Pluralism, 5 Ann. Rev. of L. & Soc. Sci. 225 (2009); Global Legal Pluralism, 80 S. Cal. L. Rev. 1155 (2007); A Pluralist Approach to International Law, 32 Yale J. Int’l L. 301 (2007); Seeing Beyond the Limits of International Law (reviewing Jack L. Goldsmith & Eric A. Posner, The Limits of International Law), 84 Tex. L. Rev. 1265 (2006); Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era, 153 U. Pa. L. Rev. 1819 (2005); From International Law to Law and Globalization, 43 Colum. J. Transnat'l L. 485 (2005); and The Globalization of Jurisdiction, 151 U. Pa. L. Rev. 311 (2002). He is also the author (with Patricia L. Bellia, Brett Frischmann, and David G. Post) of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (West Pub.) and the editor of two volumes of essays, The Globalization of International Law and Law and Society Approaches to Cyberspace (Ashgate Pub.).  His monograph entitled Law Beyond Borders: Jurisprudence for a Hybrid World will be published in 2011 by Cambridge Univ. Press. 

Life after LAPA: 

Paul Schiff Berman is now Dean and Foundation Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University. More information can be found on his ASU profile.

Publications: 

Books

LAW BEYOND BORDERS: JURISPRUDENCE FOR A HYBRID WORLD (Cambridge Univ. Press, forthcoming, 2011)

LAW & SOCIETY APPROACHES TO CYBERSPACE, Editor (Ashgate Publishing, 2007).

THE GLOBALIZATION OF INTERNATIONAL LAW, Editor (Ashgate Publishing, 2005).

CYBERLAW: PROBLEMS OF POLICY AND JURISPRUDENCE IN THE INFORMATION AGE 4th Edition (with Patricia L. Bellia, Brett Frischman & David G. Post, West Publishing, forthcoming, 2010).

CYBERLAW: PROBLEMS OF POLICY AND JURISPRUDENCE IN THE INFORMATION AGE 3d Edition (with Patricia L. Bellia & David G. Post, West Publishing, 2006).

CYBERLAW: PROBLEMS OF POLICY AND JURISPRUDENCE IN THE INFORMATION AGE 2d Edition (with Patricia L. Bellia & David G. Post, West Publishing, 2004).

CYBERLAW: PROBLEMS OF POLICY AND JURISPRUDENCE IN THE INFORMATION AGE (with Patricia L. Bellia & David G. Post, West Publishing, 2003).

Book Chapters

Conflict of Laws and the Legal Negotiation of Difference, in LAW AND THE STRANGER (Austin D. Sarat, Martha Umphrey & Lawrence Douglas eds., Stanford Univ. Press, 2010).

Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to “Private” Regulation, in CYBERLAW (Brian Fitzgerald ed., Ashgate Publishing, 2006)

The Internet, Community Definition, and the Social Meaning of Legal Jurisdiction, in VIRTUAL PUBLICS: POLICY AND COMMUNITY IN AN ELECTRONIC AGE (Beth Kolko, ed., Columbia Univ. Press, 2003).

Telling a Less Suspicious Story: Notes Towards a Non-Skeptical Approach to Legal/Cultural Analysis, in CULTURAL STUDIES AND THE LAW: BEYOND LEGAL REALISM? (Austin D. Sarat and Jonathan Simon eds., Duke Univ. Press, 2003).

Journal Articles

Towards a Jurisprudence of Hybridity, ___ UTAH L. REV. ___ (2010, forthcoming).

Pluralism as Both a Descriptive and Normative Framework, 1 TRANSNATIONAL LEGAL THEORY 117 (2010) (reviewing ALEX MILLS, THE CONFLUENCE OF PRIVATE AND PUBLIC INTERNATIONAL LAW: JUSTICE, PLURALISM AND SUBSIDIARITY IN THE INTERNATIONAL CONSTITUTIONAL ORDERING OF PRIVATE LAW).

The New Legal Pluralism, 5 ANN. REV. OF L. & SOC. SCI. 225 (2009). The Enduring Connections Between Law and Culture, 57 AM. J. COMP. L. 101 (2009) (reviewing LAWRENCE ROSEN,

LAW AS CULTURE, and OSCAR CHASE, LAW, CULTURE, AND RITUAL).

Federalism and International Law Through the Lens of Legal Pluralism, 73 MISSOURI L. REV. 1151 (2008).

Global Legal Pluralism, 80 S. CAL. L. REV. 1155 (2007).

A Pluralist Approach to International Law, 32 YALE J. INT’L L. 301 (2007).

Seeing Beyond the Limits of International Law (reviewing JACK L. GOLDSMITH & ERIC A. POSNER, THE LIMITS OF INTERNATIONAL LAW), 84 TEX. L. REV. 1265 (2006).

Dialectical Regulation, Territoriality, and Pluralism, 38 CONN. L. REV. 929 (2006) (commenting on Robert Ahdieh, Dialectical Regulation).

Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era, 153 U. PA. L. REV. 1819 (2005).

From International Law to Law and Globalization, 43 COLUM. J. TRANSNAT’L L. 485 (2005). Conflict of Laws, Globalization, and Cosmopolitan Pluralism, 51 WAYNE L. REV. 1105 (2005),

(lead article in a symposium issue dedicated to a consideration of my work). Judges as Cosmopolitan Transnational Actors, 12 TULSA J. OF COMP. & INT’L L. 109 (2005). The Globalization of Jurisdiction, 151 U. PA. L. REV. 311 (2002).

The Cultural Life of Capital Punishment: Surveying the Benefits of a Cultural Analysis of Law (reviewing AUSTIN SARAT, WHEN THE STATE KILLS: CAPITAL PUNISHMENT AND THE AMERICAN CONDITION), 102 COLUM. L. REV. 1129 (2002).

Telling a Less Suspicious Story: Notes Towards a Non-Skeptical Approach to Legal/Cultural Analysis, 13 YALE J.L. & HUMAN. 95 (2001)

An Observation and a Strange But True “Tale”: What Might the Historical Trials of Animals Tell Us About the Transformative Potential of Law in American Culture? 52 HASTINGS L.J. 123 (2000).

Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to “Private” Regulation, 71 U. COLO. L. REV. 1263 (2000).

The Culture of Cyberspace: Panel Summary, 93 ASIL PROC. 354 (2000). An Anthropological Approach to Modern Forfeiture Law: The Symbolic Function of Legal Actions Against Objects,

11 YALE J.L. & HUMAN. 1 (1999).

Rats, Pigs, and Statues on Trial: The Creation of Cultural Narratives in the Prosecution of Animals and Inanimate Objects, 69 N.Y.U. L. REV. 288 (1994).