GW Law Faculty Publications
Global Legal Pluralism: A Jurisprudence of Law Beyond Borders. New York: Cambridge University Press, 2012.
(With Bellia, Patricia L., Brett Frischman & David G. Post.) Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 4th ed. St. Paul: West, 2010.
Third edition published in 2007 with Patricia L. Bellia and David G. Post.
Second edition published in 2004 with Patricia L. Bellia and David G. Post.
First edition published in 2003 with Patricia L. Bellia and David G. Post.
Law & Society Approaches to Cyberspace. Burlington, VT: Ashgate Publishing, 2007.
The Globalization of International Law. Burlington, VT: Ashgate Publishing, 2005.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
The Evolution of Global Legal Pluralism, in Authority in Transnational Legal Theory: Theorising Across Disciplines 151 (Roger Cotterrell & Maksymilian Del Mar eds., 2016).
The Decline of the Authoritative Voice in a World of Relative Authority, A Law Faculty Listens to Serial, 48 Conn. L. Rev. 1598 (2016).
"Law's Mistakes, Legal Pluralism, and the Importance of Systemic Justice," in Law's Mistakes, p. 153-168. Ed. by Austin Sarat, Lawrence Douglas and Martha Umphrey. Amherst: University of Massachusetts Press, 2016.
"The Inevitable Legal Pluralism Within Universal Harmonization Regimes: The Case of CISG," Uniform Law Review - Revue de droit uniforme, March 2016, at 1-18, http://ulr.oxfordjournals.org/content/early/2016/03/02/ulr.unw001.full.pdf+html.
"Non-State Law Making Through the Lens of Global Legal Pluralism," in Negotiating State and Non-State Law: The Challenge of Global and Local Legal Pluralism, p.15-40. Ed. by Michael A. Helfand. New York: Cambridge University Press, 2015.
"Ruth Bader Ginsburg and the Interaction of Legal Systems," in The Legacy of Ruth Bader Ginsburg, p. 151-171. Ed. by Scott Dodson. New York: Cambridge University Press, 2015.
"From Legal Pluralism to Global Legal Pluralism," in Law, Society and Community: Socio-Legal Essays in Honour of Roger Cotterrell. Ed. by Richard Nobles and David Schiff. London: Routledge, 2014.
"Global Legal Pluralism: Mapping a Hybrid World," in Governance and Risk: Challenges of Global Regulation. Ed. by Karim Benyekhlef. Montreal: Éditions Thémis, 2013.
"A Brief Note on Legal Pluralism and Comparative Law," 31 Windsor Year Book of Access to Justice 219-221 (2013).
"How Legal Pluralism Is and Is Not Distinct from Liberalism," 11 I.Con: International Journal of Constitutional Law 801-808 (2013).
"Jurisgenerative Constitutionalism: Procedural Principles for Managing Global Legal Pluralism," 20 Indiana Journal of Global Legal Studies 665-695 (2013).
"Introduction," (Symposium: First Annual Edward J. Shoen Leading Scholars Forum: Paul H. Robinson) 42 Arizona State Law Journal [unpaged] (2010/2011).
"Conflict of Laws and the Legal Negotiation of Difference," in Law and the Stranger. Edited by Austin D. Sarat, Martha Umphrey & Lawrence Douglas. Stanford, CA: Stanford University Press, 2010.
"Towards a Jurisprudence of Hybridity," 2010 Utah Law Review 11-29.
"The New Legal Pluralism," 5 Annual Review of Law & Social Science 225 (2009).
Reprinted as French translation: "Le Nouveau Pluralisme Juridique," 2013 Revue Internationale de Droit Economique 229-256.
"Globaler Rechtspluralismus," in Normative Pluralität Ordnen. Ed. by Matthias Kotter. Baden Baden: Nomos Verlagsgesellschaft, 2009.
"Federalism and International Law: Through the Lens of Legal Pluralism," 73 Missouri Law Review 1149-1184 (2008).
"A Pluralist Approach to International Law," 32 Yale Journal of International Law 301-329 (2007).
Reprinted as A Pluralist Approach to International Law, in Theory and Philosophy of International Law (Andrea Bianchi ed., 2017).
"Global Legal Pluralism," 80 Southern California Law Review 1155-1237 (2007).
"Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to 'Private' Regulation," in Cyberlaw. Edited by Brian Fitzgerald. Burlington, VT: Ashgate Publishing, 2006.
"Dialectical Regulation, Territoriality, and Pluralism," 38 Connecticut Law Review 929-953 (2006).
"Conflict of Laws, Globalization, and Cosmopolitan Pluralism," (Symposium on the Globalization of Jurisdiction) 43 Wayne Law Review 1105-1145 (2005).
"From International Law to Law and Globalization," 43 Columbia Journal of Transnational Law 485-556 (2005).
"Judges as Cosmopolitan Transnational Actors," 12 Tulsa Journal of Comparative & International Law 109-121 (2005).
"Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era," 153 University of Pennsylvania Law Review 1819-1882 (2005).
"Telling a Less Suspicious Story: Notes Towards a Non-Skeptical Approach to Legal/Cultural Analysis," in Cultural Studies and the Law: Beyond Legal Realism?. Edited by Austin D. Sarat and Jonathan Simon. Durham, N.C.: Duke University Press, 2003.
"The Internet, Community Definition, and the Social Meaning of Legal Jurisdiction," in Virtual Publics: Policy and Community in an Electronic Age. Edited by Beth Kolko. New York: Columbia University Press, 2003.
"The Globalization of Jurisdiction," 151 University of Pennsylvania Law Review 311-545 (2002).
"Telling a Less Suspicious Story: Notes Towards a Non-Skeptical Approach to Legal/Cultural Analysis," 13 Yale Journal of Law and the Humanities 95-139 (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 Law Journal 123-180 (2000).
"Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to 'Private' Regulation," 71 University of Colorado Law Review 1263-1310 (2000).
"The Culture of Cyberspace: Panel Summary," 93 American Society of International Law Proceedings 354-356 (2000).
"An Anthropological Approach to Modern Forfeiture Law: The Symbolic Function of Legal Actions Against Objects," 11 Yale Journal of Law and the Humanities 1-45 (1999).
"Rats, Pigs, and Statues on Trial: The Creation of Cultural Narrative in the Prosecution of Animals and Inanimate Objects," 69 New York University Law Review 288-326 (1994).
Review of Legal Pluralism and Empire, 1500-1850, by Lauren Benton and Richard J. Ross. 33 Law and History Review 1005-1007 (2015).
"Global Legal Pluralism and 'Private' International Law." Review of The Confluence of Private and Public International Law: Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law, by Alex Mills. 1 Transnational Legal Theory 117-120 (2010).
"The Enduring Connections between Law and Culture." Review of Law as Culture, by Lawrence Rosen, and Law, Culture, and Ritual, by Oscar Chase. 57 American Journal of Comparative Law 249-257 (2009).
"Seeing Beyond the Limits of International Law." Review of The Limits of International Law, by Jack L. Goldsmith and Eric A. Posner. 84 Texas Law Review 1265-1315 (2006).
"The Cultural Life of Capital Punishment: Surveying the Benefits of a Cultural Analysis of Law." Review of When the State Kills: Capital Punishment and the American Condition, by Austin Sarat. 102 Columbia Law Review 1129-1177 (2002).
Gorsuch Proves to Be Powerful Conservative Force on High Court, The Hill (Aug. 28, 2017, 6:00 PM), http://thehill.com/blogs/pundits-blog/the-judiciary/339918-gorsuch-proves-to-be-powerful-conservative-force-on-supreme.
Opinion, CNN Caved to Trump: It Should Have Stood By Its Reporters, USA Today (July 2, 2017, 10:45 AM), https://www.usatoday.com/story/opinion/2017/07/02/cnn-caved-should-have-stood-by-its-reporters-paul-schiff-berman-column/444218001/.
We Need an Independent Look at the FBI’s Handling of Trump’s Campaign, The Hill (Mar. 10, 2017, 7:00 PM), http://thehill.com/blogs/pundits-blog/the-administration/323483-the-real-reason-for-an-independent-look-at-the-fbis.
Why Jeff Sessions Must Resign, The Hill (Mar. 7, 2017, 12:00 PM), http://thehill.com/blogs/pundits-blog/the-administration/322439-why-jeff-sessions-must-resign.
For Trump and Russia, the Fall of Michael Flynn Is Only the Beginning, The Hill (Feb. 16, 2017, 12:00 PM), http://thehill.com/blogs/pundits-blog/the-administration/319787-how-the-russia-talks-may-ultimately-bring-down.
Gorsuch’s Nomination Is an Unlawful Power Play that Must Be Blocked, The Hill (Feb. 1, 2017, 6:00 PM), http://thehill.com/blogs/pundits-blog/the-judiciary/317413-judge-gorsuchs-nomination-imperils-our-constitutional.
"Whose Laws Apply in the Global Village?," The Hartford Courant (Jan. 17, 2003).
"Stem Cell Patents Are a Worry," New Haven Register (Sept. 6, 2001).
"Can Copyright, First Amendment Peacefully Coexist?," The Hartford Courant (March 5, 2001).
"Are we Overpowering Intellectual Property?," Ft. Lauderdale Sun-Sentinel (Sept. 21, 2000).
"Is It Theft or Just Great Advertising," San Jose Mercury News (Sept. 20, 2000).
"Creativity, Not Property, Gets Protection," Cleveland Plain Dealer (Sept. 15, 2000).
"Cybermusic: Are We Overprotecting Intellectual Property Online?," Tulsa World (Sept. 17. 2000).
"Danger of Opportunity?: Internet's Impact on the Music Business Need Not Be What Some Fear," Montreal Gazette (Sept. 18, 2000).
"Ease Up on MP3: Are We Overprotecting Intellectual Property Online?," Hartford Courant ()Sept. 10, 2000).
"Littleton and the Internet: Responding to the Wrong Threats," Hartford Courant (May 23, 1999).