Fellows Publications
LAPA fellows bring law-related expertise to Princeton. While they are engaged in research and writing during their stay at Princeton, fellows are often finishing projects started in earlier publications. We are listing here new and recent publications by our fellows and by visitors to the LAPA program to provide a sense for the extraordinary range and depth of knowledge that our LAPA fellows add to the campus discussions.


The Globalization of International Law
edited by Paul Schiff Berman
Ashgate Publishing
ISBN 0754624129
Publication Date January 2006

'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

Law and Society Approaches to Cyberspace
edited by Paul Schiff Berman
Ashgate Publishing
ISBN 0754624935
Forthcoming September 2007

During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era. In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.

International Law and Society: Empirical Approaches to Human Rights
edited by Laura Dickinson
Ashgate Publishing
ISBN 0754626113
Forthcoming July 2007

Scholars of international human rights law are largely unfamiliar with law and society scholarship, while the study of international human rights has remained at the margins of the law and society movement. International Human Rights: Empirical Approaches to Human Rights seeks to bridge this gap by presenting the work of a growing number of academics who are adopting a range of empirical approaches to international human rights. Drawn from the fields of anthropology, sociology, political science and law, the studies featured in this volume use a variety of qualitative and quantitative methods to analyze core issues of international law and human rights, such as compliance, the development of norms and the role of social movements.

International Law Stories
co-edited by Laura Dickinson (with John E. Noyes)
Foundation Press
October 2007

Introduction to Middle Eastern Law
by Chibli Mallat
Oxford University Press
ISBN 0-19-923049-8
Publication Date June 2007

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike.

Over hoofddoekjes, lange rokken en de seculiere samenleving. De noodzaak van een inclusieve democratie en een theologie der voorlopigheid. (rede bij de opening van het academisch jaar)
by Wibren van der Berg
Kampen:Thu(Kamper oraties 31)
Publication Date 2006
Title in English:On head scarves, black stockings and secular society. The need for an inclusive democracy and a theology of provisionality

Over religie, moraal en politiek. Een vrijzinnig alternatief
by Wibren van der Berg
Kampen: Ten Have
Publication Date 2005
Title in English:On Religion, morality and politics. A liberal alternative


Vanessa Barker, "Deliberating Crime & Punishment: A Way Out of Get-Tough Justice?" Reaction Essay in Criminology & Public Policy 5(1):1201-1208 (2006.

Vanessa Barker,"The Politics of Punishing: Building a State Governance Theory of American Imprisonment Variation," Punishment & Society 8(1):5-33 (2006).
Vanessa Barker, "The Politics of Pain: A Political Institutionalist Analysis Of Crime Victims' Moral Protests," forthcoming, Law and Society Review, (2007).

Paul Schiff Berman, "Conflict of Laws, Globalization and Cosmopolitan Pluralism," 51 Wayne Law Review 1105 (2005).

Paul Schiff Berman, "Seeing Beyond the Limits of International Law," 84 Texas Law Review 1265 (2006). View Paper

Paul Schiff Berman, "Towards A Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era," 153 University of Pennsylvania Law Review 1819 (2005). View Paper

Paul Schiff Berman, "Dialectical Regulation, Territoriality, and Pluralism" 38 Connecticut Law Review 929 (2006).

Paul Schiff Berman, "From International Law to Law and Globalization," 43 Columbia Journal of Transnational Law 485 (2005). View Paper

Paul Schiff Berman, "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).

Paul Schiff Berman, "Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to 'Private' Regulation," in Cyberlaw (Brian Fitzgerald ed., Ashgate Publishing, 2006).

Paul Schiff Berman, "A Pluralist Approach to International Law," 32 Yale Journal of International Law 301 (2007). View Paper

Margot Canaday, "Heterosexuality as a Legal Regime," in Michael Grossberg and Christopher Tomlins, eds., The Cambridge History of Law in America (New York: Cambridge University Press, 2008).

Mary Anne Case, "Pets or Meat," 80 Chicago-Kent Law Review 1129 (2005). View Paper

Mary Anne Case, "Marriage Licenses," 89 Minnesota Law Review 1758 (2005). View Paper

Laura Dickinson, "Public Law Values in a Privatized World," 31 Yale Journal of International Law 383 (2006). View Paper

Laura Dickinson, "Government For Hire: Privatizing Foreign Affairs And The Problem Of Accountability Under International Law," 47 William and Mary Law Review 135 (2005). View Paper

Laura Dickinson, "Filartiga's Legacy in an Era of Military Privatization," 37 Rutgers Law Journal 703 (2006).

Laura Dickinson, "Torture and Contract," 37 Case Western Reserve Journal of International Law 267 (2006).

Laura Dickinson, "Accountability and the Use of Contracts," International Peace Operations Association Newsletter (2006).

Laura Dickinson, "Accountability of State and Non-State Actors for Human Rights Abuses in the 'War on Terror,'" 12 Tulsa Journal of International & Comparative Law 53 (2005).

Katherine Franke, "Gendered Subjects of Transitional Justice," 15 Columbia Journal of Gender and Law 813 (2006). View Paper

Katherine Franke, "The Politics of Same-Sex Marriage Politics," 15 Columbia Journal of Gender and Law 236 (2006). View Paper

Chibli Mallat, "On the Specificity of Middle Eastern Constitutionalism," 38 Case Western Journal of International Law 13 (2006).

Chibli Mallat, "Communitarian Federalism: Addressing the Middle East Constitutional Impasse," 2 Puente Europa (Buenos Aires) 59 (2005). View Paper

Jamie Mayerfield, "Ending Impunity, a Response to Larry May in Crimes Against Humanity," Ethics and International Affairs 20(3):361-66 (2006).

Jamie Mayerfield, "Playing by Our Own Rules: How the United States' Marginalization of International Human Rights Law Led to Torture, forthcoming in the Harvard Human Rights Journal 20 (Spring 2007).

Deborah N. Pearlstein, "Finding Effective Constraints on Executive Power: Interrogation, Detention, and Torture," 81 Indiana Law Journal 1255 (2005). View Paper

Margaret Jane Radin, "Cyberpersons, Propertization, and Contract in the Information Culture: A Comment on Information Propertization and its Legal Milieu," 54 Cleveland State Law Review 23 (2006).

Margaret Jane Radin, "Boilerplate Today: The Rise Of Modularity and the Waning of Consent," 104 Michigan Law Review 1223 (2006). View Paper

Margaret Jane Radin, "Copyright Defection," 15 Industrial and Corporate Change 981-993 (2006). View Paper(The article is behind a paywall, which can be reached through a Princeton-based computer or a Princeton VPN connection.)

Margaret Jane Radin (with Madhavi Sunder), "The Subject and Object of Commodification," in Martha Ertman & Joan Williams, eds., Rethinking Commodification: Cases And Readings In Law And Culture (2005).

Teemu Ruskola, "Canton Is Not Boston: The Invention of American Imperial Sovereignty," 57 Am. Q. 859 (2005) (reprinted in Legal Borderlands: Law and the Construction of American Borders (Mary L. Dudziak & Leti Volpp, eds. 2006)). View Paper

Teemu Ruskola, "Home Economics: What Is the Difference Between a Family and a Corporation?," in Rethinking Commodification (Joan Williams & Martha Ertman, eds., 2005). View Paper

Teemu Ruskola, "Gay Rights vs. Queer Theory: What's Left of Sodomy After Lawrence v. Texas?," 23, 3-4 Social Text 84 (2005).View Paper

Wibren van der Burg and Sanne Taekema, "Ideals in Law," IVR Encyclopedia of Legal Theory, (2005). View Paper

Wibren van der Burg, "Pour une éthique protestante libérale dans un monde changeant et pluriel," Revue de Theologie et de Philosophie, 137:193-209 (2005).

Wibren van der Burg, "The Irony of a Symbolic Crusade: The Debate on Opening Up Civil Marriage to Same-Sex Couples," in Social and Symbolic Effects of Legislation Under the Rule of Law (N. Zeegers, W. Witteveen and B. van Klink eds., Edwin Mellen Press, 2005).

Wibren van der Burg, "Religie en het publieke domein — een vrijzinnige invalshoek," Theologisch Debat 3(2):4-13 (2006). ["Religion and the public domain — a liberal perspective"]

Wibren van der Burg, "Juridische professies en de instrumentalisering van het recht," in Idealen van professionals, (Jos Kole en Doret de Ruyter red., forthcoming, 2007). ["Legal professions and the instrumentalization of law"]

Wibren van der Burg, "Gelijke zorg en respect voor de gelovige burger — een inclusief-vrijzinnige schets," in Scheiding van Kerk en Staat of Actief Pluralisme? Een benadering vanuit de mensenrechten, (P. de Hert red., Antwerpen: Intersentia 2007) ["Equal concern and respect for the religious citizen — an inclusive-liberal sketch"]

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