Faculty Books: Dean Berman and Professors Cahn and Cunningham Have New Works Out on Book Shelves

Global Legal Pluralism: A Jurisprudence of Law Beyond Borders

by Dean Paul Schiff Berman

Paul Schiff Berman, Dean and Robert Kramer Research Professor of Law, concentrates his scholarship on the ways in which globalization affects the interaction of legal systems, and his new book, Global Legal Pluralism: A Jurisprudence of Law Beyond Borders (Cambridge University Press) reflects these interests and ideas:

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Opinio Juris, a forum for informed discussion and lively debate about international law and international relations, recently hosted a multi-part discussion on the Dean's new book, please visit this link to read more.

 


On the Frontlines: Gender, War, and the Post-Conflict Process

by Professor Naomi Cahn
with Fionnuala Ní Aoláin and Dina Francesca Haynes

Gender oppression has been a feature of war and conflict throughout human history, yet until fairly recently, little attention was devoted to addressing the consequences of violence and discrimination experienced by women in post-conflict states. Thankfully, that is changing. Today, in a variety of post-conflict settings--the former Yugoslavia, Afghanistan, Colombia, Northern Ireland -- nternational advocates for women's rights have focused bringing issues of sexual violence, discrimination and exclusion into peace-making processes.

In On the Frontlines, Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn consider such policies in a range of cases and assess the extent to which they have had success in improving women's lives. They argue that there has been too little success, and that this is in part a product of a focus on schematic policies like straightforward political incorporation rather than a broader and deeper attempt to alter the cultures and societies that are at the root of much of the violence and exclusions experienced by women. They contend that this broader approach would not just benefit women, however. Gender mainstreaming and increased gender equality has a direct correlation with state stability and functions to preclude further conflict. If we are to have any success in stabilizing failing states, gender needs to move to fore of our efforts. With this in mind, they examine the efforts of transnational organizations, states and civil society in multiple jurisdictions to place gender at the forefront of all post-conflict processes. They offer concrete analysis and practical solutions to ensuring gender centrality in all aspects of peace making and peace enforcement.

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On the Frontlines: Gender, War, and the Post-Conflict Process, the latest book by John Theodore Fey Research Professor of Law Naomi Cahn, received positive reviews from the Global Journal this spring.



Contracts in the Real World: Stories of Popular Contracts and Why They Matter

by Professor Lawrence A. Cunningham

Contracts, the foundation of economic activity, are both vital and misunderstood. Professor Lawrence A. Cunningham's latest book corrects the misunderstandings through a series of engaging stories involving such diverse individuals as Martin Luther King, Maya Angelou, Clive Cussler, Lady Gaga, and Donald Trump. Capturing the essentials of this subject, Contracts in the Real World explores recurring issues people face in contracting. It shows how age-old precedents and wisdom still apply today and how contract law's inherent dynamism cautions against exuberant reforms. The book will appeal to the general reader and specialists in the field alike, and to both teachers and students of contracts.

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reviews

"In Lawrence Cunningham's engaging new book, Contracts in the Real World, old chestnuts, the foibles of contemporary celebrities and holes-in-one are delivered with flair and without legalese. The neophyte will be informed by this fun book. I am sure Professor Kingsfield would enjoy it much as I did."
- Joseph M. Perillo
Distinguished Professor of Law Fordham Law School

"The stories are fascinating, the issues are important, and the explanations are compelling. Lawrence Cunningham has written a splendid book."
- Steven Lubet
Williams Memorial Professor of Law, Northwestern University School of Law

"This book will be a fascinating reading for teachers, students, and indeed for anyone with an interest in contracting generally. It runs the gamut from Lady Duff-Gordon to Lady Gaga, and taught me things I didn't know about cases I thought I knew well, as well as telling me about cases I had never heard of -- while at the same time weaving a pattern of the common law of contract. An unusual and rewarding book."
- Charles L. Knapp
Joseph W. Cotchett Distinguished Professor of Law, UC Hastings College of the Law

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