Center for the Study of Law and Society Visiting Scholars Summer 2008
Lisa Blomgren Bingham is the Keller-Runden Professor of Public Service at Indiana University’s School of Public and Environmental Affairs, Bloomington. A graduate of Smith College and the University of Connecticut School of Law, she was a Visiting Professor at UC Hastings College of the Law in Spring 2007. Bingham received the Association for Conflict Resolution’s Abner Award in 2002 for excellence in research for her empirical studies on mediation of discrimination complaints at the USPS, and the Best Book award for The Promise and Performance of Environmental Conflict Resolution from the Natural Resource Administration of the American Society of Public Administration in 2005. In 2006, she received the Rubin Theory-to-Practice Award from IACM and Harvard Project on Negotiation for research that makes a significant impact on practice. She is an elected fellow of the National Academy of Public Administration. Her current research examines the legal infrastructure for and connections among collaboration, governance, dispute resolution, and public participation. Her office is in 471 Boalt, tel. 642-8646, email lbingham@indiana.edu.
Kirk Boyd is a co-director of the International Convention on Human Rights Research Project. He completed his B.S. in political science at the University of California, Santa Barbara, (1981), followed by his J.D. (1985), LL.M (1996) and J.S.D. (2000) from Boalt Hall. He has been a litigator with Morrison & Forester and a partner in the firm Boyd, Huffman, Williams and Urla, working mainly in civil rights and environmental law. Boyd has taught at U.C. Santa Barbara, including courses on International Human Rights, International Law, Civil Rights and First Amendment. His research is the evolution of the Universal Declaration of Human Rights into regional Conventions such as the European Convention on Human Rights and the potential for an International Convention on Human Rights, enforceable in the courts of all countries. He is organizing a conference to be held at Boalt Hall, Booth Auditorium, on February 29, 2008, to discuss the future of human rights and is working on a book, Plan for Humanity, which discusses the evolution of social contract into written documents enforceable in courts of law. He can be reached at kboyd@law.berkeley.edu or (415) 690-6687, and welcomes questions from fellow visiting scholars and others about his work.
Fuyong Chen is a Doctoral Candidate at the Law School of Tsinghua University, P. R. China. He received his Masters Degree in Procedural Law from Peking University (2005) and his Bachelor of Law from China University of Political Science and Law (2001). His recent publications include “On Using Vague or Exact Expressions in the Position of China’s Arbitration institutions” (2007); “A New Probe into the Effectiveness of Limitation of Action”(2007); “On the Action Form of Civil Torts Compensation Cases Concerning Negotiable Securities”(2004). During his residency, he will be working on the research entitled "Access to Arbitration: an Empirical Study of China's Practice". Chen’s office is 470 Boalt, 642-4037, email chenfuyong@bjac.org.cn.
Yun-tsai Chen is Professor of Law at Tunghai University in Tunghai, Taiwan. A graduate of Kobe University in Japan, he received his PhD in Criminal Procedure. He is a member of the Committee on the Reform of Criminal Procedures at the Judicial Yuan, one of the five branches of government and the highest judicial body of the Republic of China (Taiwan). Prof Chen is interested in the comparative study of the adoption of the jury system and cultural issues that affect people’s understanding of authority and public expression of opinions. This summer (08) as a Fulbright Scholar at the Center he will be investigating aspects of jury selection in US criminal courts, such as legal procedures and protections. Prof. Chen has authored two books, eight chapters, and thirty articles in law journals. He recently spent six months as a visiting scholar studying the introduction of the jury system in Japan. Prof. Chen’s Office will be in Boalt 470. He can be reached at (510)642-4037 and cwt@thu.edu.tw.
Sora Y. Han is Assistant Professor in Criminology, Law & Society at UC Irvine. She received her Ph.D. from the Department of History of Consciousness at UC Santa Cruz, and her J.D. from UCLA School of Law with an emphasis in Critical Race Studies. She is working on a book manuscript, “The Bonds of Representation: Race, Law, and the Feminine in Post-Civil Rights America,” which examines the intersections of racial jurisprudence and popular culture. Articles include “The Politics of Race in Asian American Jurisprudence” ( UCLA Asian Pacific American Law Journal ), “Intersectionality and the Shudder” ( Feminist Interpretations of Adorno, and “Strict Scrutiny: Race, Sexuality, and the Tragedy of Constitutional Law” (Stanford Journal of Civil Rights and Civil Liberties , forthcoming). Research interests include the literary imagination of American constitutional law, psychoanalytic theories of law and visual culture, critical prison studies, and racial and feminist politics. Contact Han in 471A Boalt, 643-9286, shan@law.berkeley.edu.
Joe Hermer is Associate Professor of Sociology and Criminology at the
University of Toronto. He holds a doctorate in Socio-Legal Studies from
the University of Oxford (2000). His research engages the character of
everyday forms of regulation, with a particular emphasis on the
governance of poor and vulnerable people. He has conducted research on
police reform, homelessness and victimization, street begging, and the
criminalization of social assistance recipients through the category of
'welfare fraud' http://dspace.dal.ca/dspace/handle/10222/10299. He is
the author of /Regulating Eden: The Nature of Order in North American
Parks/, and is co-editor (with Janet Mosher) of /Disorderly People: Law
and the Politics of Exclusion in Ontario/. His forthcoming book
/Policing Compassion: Begging, Law and Power in Public Spaces/ (Hart)
explores the place of street begging within the trajectory of
anti-social behaviour governance in Britain. A major focus of his
current work is how 'status' offences are constituted in the ordering of
homeless populations, with a particular interest in the interplay
between 'compassionate' welfarist objectives and more punitive policing
programs. He has a continuing interest in legal visualisms and the
aesthetics of urban order.
(http://www.mcgill.ca/irtsl/art/hermer/)
Joe's office will be Boalt 473 at 643-6582, j.hermer@utoronto.ca
Antoinette Hetzler is Professor of Sociology with emphasis on Social Policy at Lund University, Sweden. She is head of a research group in Sweden studying Social Policy, Working Life and Global Welfare (SWG) and is currently president of the Swedish Sociology Association. Her most recent books include Sick-Sweden (Sjuk-Sverige,2005) and Rehabilitation and Welfare Politcs (Rehabilitering och välfärdspolitik, 2004). She has published extensively on welfare state politics including workers compensation in Sweden as well as the role of law in social policy. Currently she is working on two manuscripts. One is on Women, Work and Well-being and the other is on Regulating the Financial Market. Antoinette Hetzler received her PhD from the University of California, Santa Barbara, was Assistant Professor at New York University, and post-doctoral fellow at the Center for the Study of Law and Society before she immigrated to Sweden in the late 1970s. Her office is in 471 Boalt, tel. 643-8646, email antoinette.hetzler@soc.lu.se
Michael Musheno (Distinguished Affiliated Scholar) is Professor and Director of the Program in Criminal Justice Studies at San Francisco State University. He is a former program director of Law and the Social Sciences at NSF. His teaching and writing focus on policing, street law, and the state’s frontline workforce, currently US Army reservists serving in Iraq. He draws upon narratives, particularly the storytelling of subjects and agents of the state, and uses interpretive field methods. His book, Cops, Teachers, Counselors: Stories from the Front Lines of Public Service ( University of Michigan Press, 2004) co-authored with Steven Maynard-Moody, is the winner of the American Political Science Association’s 2005 Herbert A. Simon Book Award and winner of the 2005 Best Book of Public Administration Research from the American Society of Public Administration. His book in press, Deployed: How Reservists Bear the Burden of Iraq (University of Michigan Press, 2008) co-authored with Susan Ross, focuses on the life histories of one of the first military police reserve companies deployed after 9.11, including a year running a prison near Baghdad. His email address is mmusheno@sfsu.edu.
Richard Perry is professor of Justice Studies at San Jose State University, where he teaches courses in courts, theory, and cultural studies of law. Before joining the San Jose State faculty, he taught in U.C. Irvine’s Department of Criminology, Law and Society for nine years and also held a two-year research fellowship at the Center for Philosophy of Law of the University of Louvain, Belgium. He has a J.D. from Stanford Law School and B.A., M.A., and Ph.D. in linguistics from U.C. Berkeley. He is co-editor of Globalization under Construction: Law, Identity, and Governmentality ( University of Minnesota Press) and he is currently co-editing a volume on equity and water resources for the MIT Press. In the spring semester, he will present a talk in the CSLS Bag Lunch Speaker Series. His office is in 2240 Piedmont, tel. 3-8269, email rwperry@sbcglobal.net.
James B. Rule (Distinguished Affiliated Scholar) was educated at UC Berkeley, Brandeis University, and Harvard, where he completed his Ph.D. in 1969. He has held research and teaching positions at MIT; Nuffield College, Oxford; the Université de Bordeaux; Clare Hall, Cambridge; and the State University of New York Stony Brook. He has held year-long fellowships from the Center for Advanced Study in the Behavioral Sciences, Stanford; the J.S. Guggenheim Foundation; the Institute for Advanced Study, Princeton; and the Russell Sage Foundation. His first solely-authored book, Private Lives and Public Surveillance (1973), was co-winner of the C. Wright Mills Award from the Society for the Study of Social Problems. Since then, he has continued to carry out research and write on subjects relating to privacy, technology, and the social role of information. He is also author or co-author of seven other books and monographs on diverse subjects. His latest book is Privacy in Peril; How we are Sacrificing a Fundamental Right in Exchange for Security and Convenience (Oxford University Press, 2007). This work examines both the forces underling ever-widening collection of and use of personal data by government and private institutions, and the measures adopted around the world to protect people’s interests in use of “their” data. He continues to do research and writing on the changing social roles of information, particularly personal information. His most recent article is “The Once and Future Information Society,” with Yasemin Besen, forthcoming in Theory and Society. He can be e-mailed at: James.Rule@sunysb.edu.
Geir Stenseth is Postdoctoral Research Fellow at the Faculty of Law, University of Oslo. He earned his Norwegian Law Degree (Cand. jur., Oslo) in 1990. He practiced law, mainly in the area of real property law. He also appears in court for the Norwegian military prosecuting authority as appointed Judge advocate. In 2001 he returned to academia and earned the Norwegian Doctoral Degree (Dr. juris, Oslo) in 2005, publishing the thesis (in Norwegian, with a English summary) The Janus Face of Common Lands: A comparative legal analysis of common lands and co-ownership in respect of Norwegian outfields. At the Center, he will explore what relevance new advances in such disciplines as psychology, behavioural biology and cognitive neuroscience may have to the understanding of property as a concept. His research is part of a broader project of the Natural Resources Group at the Faculty of Law in Oslo. The project, called Rights to uncultivated land and social change, receives funding from the Research Council of Norway. His office is 473 Boalt, 643-6582, email geir.stenseth@jus.uio.no.
Maartje van der Woude is a PhD-student in the Department of criminal law and criminology of the University of Leyden, the Netherlands. She received both her law degree (2002) and her MSc (2005) at Leyden, specializing in (criminal) law enforcement and safety policies, in particular counterterrorism. Besides teaching various courses, she is currently working on her dissertation with the (working) title “Anti-terrorism legislation in a Culture of Control: An investigation into the Development of the Discourse.” In her research, Maartje focuses on the discrepancy between social/political discourse and legal discourse of counterterrorism. Counter-terrorism legislation shows a tension between the social/political discourse, in which collective security occupies center stage, and the (criminal) legal discourse, where individual legal protection is considered to have the highest value. The prevailing impression of criminal justice scholars is that typical values of criminal law are subordinated to risk control. This research focuses on a comparison of the two discourses in order to establish (a) on which points there is agreement or agreement can be reached, (b) on which points no agreement is possible, so that the legislator must make choices, (c) how – and in which terms – he should substantiate such choices so that they fit in with the present-day culture of control. While in Berkeley, Maartje is working on two chapters of her dissertation as well as on two articles relating to her dissertation. Her office is in 471A Boalt, tel. 643-9286, email mahvanderwoude@gmail.com.
Center for the Study of Law and Society Visiting Scholars Spring 2008
Lisa Blomgren Bingham is the Keller-Runden Professor of Public Service at Indiana University’s School of Public and Environmental Affairs, Bloomington. A graduate of Smith College and the University of Connecticut School of Law, she was a Visiting Professor at UC Hastings College of the Law in Spring 2007. Bingham received the Association for Conflict Resolution’s Abner Award in 2002 for excellence in research for her empirical studies on mediation of discrimination complaints at the USPS, and the Best Book award for The Promise and Performance of Environmental Conflict Resolution from the Natural Resource Administration of the American Society of Public Administration in 2005. In 2006, she received the Rubin Theory-to-Practice Award from IACM and Harvard Project on Negotiation for research that makes a significant impact on practice. She is an elected fellow of the National Academy of Public Administration. Her current research examines the legal infrastructure for and connections among collaboration, governance, dispute resolution, and public participation. Her office is in 471 Boalt, tel. 642-8646, email lbingham@indiana.edu.
Kirk Boyd is a co-director of the International Convention on Human Rights Research Project. He completed his B.S. in political science at the University of California, Santa Barbara, (1981), followed by his J.D. (1985), LL.M (1996) and J.S.D. (2000) from Boalt Hall. He has been a litigator with Morrison & Forester and a partner in the firm Boyd, Huffman, Williams and Urla, working mainly in civil rights and environmental law. Boyd has taught at U.C. Santa Barbara, including courses on International Human Rights, International Law, Civil Rights and First Amendment. His research is the evolution of the Universal Declaration of Human Rights into regional Conventions such as the European Convention on Human Rights and the potential for an International Convention on Human Rights, enforceable in the courts of all countries. He is organizing a conference to be held at Boalt Hall, Booth Auditorium, on February 29, 2008, to discuss the future of human rights and is working on a book, Plan for Humanity, which discusses the evolution of social contract into written documents enforceable in courts of law. He can be reached at kboyd@law.berkeley.edu or (415) 690-6687, and welcomes questions from fellow visiting scholars and others about his work.
Fuyong Chen is a Doctoral Candidate at the Law School of Tsinghua University, P. R. China. He received his Masters Degree in Procedural Law from Peking University (2005) and his Bachelor of Law from China University of Political Science and Law (2001). His recent publications include “On Using Vague or Exact Expressions in the Position of China’s Arbitration institutions” (2007); “A New Probe into the Effectiveness of Limitation of Action”(2007); “On the Action Form of Civil Torts Compensation Cases Concerning Negotiable Securities”(2004). During his residency, he will be working on the research entitled "Access to Arbitration: an Empirical Study of China's Practice". Chen’s office is 470 Boalt, 642-4037, email chenfuyong@bjac.org.cn.
Yun-tsai Chen is Professor of Law at Tunghai University in Tunghai, Taiwan. A graduate of Kobe University in Japan, he received his PhD in Criminal Procedure. He is a member of the Committee on the Reform of Criminal Procedures at the Judicial Yuan, one of the five branches of government and the highest judicial body of the Republic of China (Taiwan). Prof Chen is interested in the comparative study of the adoption of the jury system and cultural issues that affect people’s understanding of authority and public expression of opinions. This summer (08) as a Fulbright Scholar at the Center he will be investigating aspects of jury selection in US criminal courts, such as legal procedures and protections. Prof. Chen has authored two books, eight chapters, and thirty articles in law journals. He recently spent six months as a visiting scholar studying the introduction of the jury system in Japan. Prof. Chen’s Office will be in Boalt 470. He can be reached at (510)642-4037 and cwt@thu.edu.tw.
David Glick is a fourth year PhD Candidate in the Politics Department at Princeton University focusing on Public Law and American Politics. His dissertation investigates the important role that private organizations play in shaping legal impact by analyzing empirically how they actually learn about the law and decide which concrete internal polices (if any) to enact in the implementation process. He treats these organizations as actors trying to make difficult policy decisions in response to complex and ambiguous laws by building on more general theories of decision making in complex tasks, and finds that legal changes are often turned into concrete policy by organizations which learn from and copy each other's responses to it. He is also the author of the working paper, "Strategic Retreat and the 1935 Gold Clause Cases." David was an undergraduate at Williams College. His office is 470 Boalt, 642-0437, dglick@Princeton.edu.
Sora Y. Han is Assistant Professor in Criminology, Law & Society at UC Irvine. She received her Ph.D. from the Department of History of Consciousness at UC Santa Cruz, and her J.D. from UCLA School of Law with an emphasis in Critical Race Studies. She is working on a book manuscript, “The Bonds of Representation: Race, Law, and the Feminine in Post-Civil Rights America,” which examines the intersections of racial jurisprudence and popular culture. Articles include “The Politics of Race in Asian American Jurisprudence” ( UCLA Asian Pacific American Law Journal ), “Intersectionality and the Shudder” ( Feminist Interpretations of Adorno, and “Strict Scrutiny: Race, Sexuality, and the Tragedy of Constitutional Law” (Stanford Journal of Civil Rights and Civil Liberties , forthcoming). Research interests include the literary imagination of American constitutional law, psychoanalytic theories of law and visual culture, critical prison studies, and racial and feminist politics. Contact Han in 471A Boalt, 643-9286, shan@law.berkeley.edu.
Antoinette Hetzler is Professor of Sociology with emphasis on Social Policy at Lund University, Sweden. She is head of a research group in Sweden studying Social Policy, Working Life and Global Welfare (SWG) and is currently president of the Swedish Sociology Association. Her most recent books include Sick-Sweden (Sjuk-Sverige,2005) and Rehabilitation and Welfare Politcs (Rehabilitering och välfärdspolitik, 2004). She has published extensively on welfare state politics including workers compensation in Sweden as well as the role of law in social policy. Currently she is working on two manuscripts. One is on Women, Work and Well-being and the other is on Regulating the Financial Market. Antoinette Hetzler received her PhD from the University of California, Santa Barbara, was Assistant Professor at New York University, and post-doctoral fellow at the Center for the Study of Law and Society before she immigrated to Sweden in the late 1970s. Her office is in 471 Boalt, tel. 643-8646, email antoinette.hetzler@soc.lu.se .
Nick Huls is Professor and Chair of Sociolegal Studies at Erasmus University Rotterdam and the University of Leyden, and Head of the Erasmus Center for Law & Society. He received his law degree at Utrecht University in 1973 and his PhD, on consumer protection law, in 1981. From 1982 -1990 he was project leader of the Consumer Credit Act at the Netherlands Department of Economic Affairs; his recommendations led to the adoption of a new bankruptcy act based on US law. In 1990 Nick returned to academia, initially as Director of the Leyden Institute for Law and Public Policy. While at Berkeley, Nick is working on two books -- an introduction to sociolegal studies and the editing of the papers and proceedings of an international conference in Rotterdam in January 2007 (in English) entitled The Legitimacy of Supreme Courts' Rulings. He will present a paper on judicial power in the Netherlands in the CSLS Sawyer Seminar on October 18 th. His office is in 2240 Piedmont, 642-4038, email huls@frg.eur.nl.
Timothy Kaufman-Osborn received his B.A. from Oberlin College and his Ph.D. from Princeton University. He is the Baker Ferguson Professor of Politics and Leadership at Whitman College. He is the author of three books as well as over twenty articles on topics including capital punishment, the discipline of political science, feminist theory, and American pragmatism. Kaufman-Osborn has served as president of the Western Political Science Association as well as the American Civil Liberties Union of Washington, and he recently completed a term on the Executive Council of the American Political Science Association. He is the recipient of several awards for his scholarship and teaching, including the Western Political Science Association’s Pi Sigma Alpha and Betty Nesvold Women and Politics Awards as well as the Robert Fluno Award for Distinguished Teaching in the Social Sciences. While at the Center, he will be working on various aspects of the political and legal regulation of death in the United States. His office is at 2240 Piedmont, Program in Criminal Justice, Law and Society, 642-4038, kaufmatv@whitman.edu.
Philip Lewis was a Research Fellow at All Souls College, Oxford from 1965 to 1988, and since 1996 has been at the Centre for Socio-Legal Studies, Oxford. He has visited Berkeley on two previous occasions, and has also been a Senior Scholar at Stanford. His research interest is in the legal profession, and with Rick Abel, of UCLA, he started the Working Group on Legal Professions, out of which came the three volumes they edited, Lawyers in Society (1988-9). While at Berkeley he will be looking back at research projects he has previously carried out on groups of lawyers in the USA and the UK , and studying the relevance to them of some general themes in legal professions research, such as competition, expertise, ideologies, independence, trust and "communities of practice". Dr. Lewis's office is in 470 Boalt, tel. 642-0437, email philip.lewis@csls.ox.ac.uk .
Michael Musheno (Distinguished Affiliated Scholar) is Professor and Director of the Program in Criminal Justice Studies at San Francisco State University. He is a former program director of Law and the Social Sciences at NSF. His teaching and writing focus on policing, street law, and the state’s frontline workforce, currently US Army reservists serving in Iraq. He draws upon narratives, particularly the storytelling of subjects and agents of the state, and uses interpretive field methods. His book, Cops, Teachers, Counselors: Stories from the Front Lines of Public Service ( University of Michigan Press, 2004) co-authored with Steven Maynard-Moody, is the winner of the American Political Science Association’s 2005 Herbert A. Simon Book Award and winner of the 2005 Best Book of Public Administration Research from the American Society of Public Administration. His book in press, Deployed: How Reservists Bear the Burden of Iraq (University of Michigan Press, 2008) co-authored with Susan Ross, focuses on the life histories of one of the first military police reserve companies deployed after 9.11, including a year running a prison near Baghdad. His email address is mmusheno@sfsu.edu.
Richard Perry is professor of Justice Studies at San Jose State University, where he teaches courses in courts, theory, and cultural studies of law. Before joining the San Jose State faculty, he taught in U.C. Irvine’s Department of Criminology, Law and Society for nine years and also held a two-year research fellowship at the Center for Philosophy of Law of the University of Louvain, Belgium. He has a J.D. from Stanford Law School and B.A., M.A., and Ph.D. in linguistics from U.C. Berkeley. He is co-editor of Globalization under Construction: Law, Identity, and Governmentality ( University of Minnesota Press) and he is currently co-editing a volume on equity and water resources for the MIT Press. In the spring semester, he will present a talk in the CSLS Bag Lunch Speaker Series. His office is in 2240 Piedmont, tel. 3-8269, email rwperry@sbcglobal.net.
Daniela Piana , PhD in sociology, Master degree in Philosophy, is Assistant Professor of Political Science at the University of Florence. Visiting Fellow at the College of Natolin in Warsaw, at the University of Marseille III, at the Institute for Sociology of Law in Onati and at the Institute des Hautes Etudes sur la Justice in Paris, she is currently involved in two international research projects, on judicial education and judicial cooperation in Europe. Her research interests include constitutionalism and the constitutional courts of the Central and Eastern European Countries, judicial cooperation in the European Union, the quality of justice and the transnationalization of legal culture. She is author of several articles and essays published in Italian and Foreign reviews and recently of the volumes “The Institutions In Mind, Anchors of Legitimacy of Political Power” and “Building Democracy: Beyond the Borders of the European Public Space”. Her office is 472 Boalt, 643-5368, email danielapiana@hotmail.com.
James B. Rule (Distinguished Affiliated Scholar) was educated at UC Berkeley, Brandeis University, and Harvard, where he completed his Ph.D. in 1969. He has held research and teaching positions at MIT; Nuffield College, Oxford; the Université de Bordeaux; Clare Hall, Cambridge; and the State University of New York Stony Brook. He has held year-long fellowships from the Center for Advanced Study in the Behavioral Sciences, Stanford; the J.S. Guggenheim Foundation; the Institute for Advanced Study, Princeton; and the Russell Sage Foundation. His first solely-authored book, Private Lives and Public Surveillance (1973), was co-winner of the C. Wright Mills Award from the Society for the Study of Social Problems. Since then, he has continued to carry out research and write on subjects relating to privacy, technology, and the social role of information. He is also author or co-author of seven other books and monographs on diverse subjects. His latest book is Privacy in Peril; How we are Sacrificing a Fundamental Right in Exchange for Security and Convenience (Oxford University Press, 2007). This work examines both the forces underling ever-widening collection of and use of personal data by government and private institutions, and the measures adopted around the world to protect people’s interests in use of “their” data. He continues to do research and writing on the changing social roles of information, particularly personal information. His most recent article is “The Once and Future Information Society,” with Yasemin Besen, forthcoming in Theory and Society. He can be e-mailed at: James.Rule@sunysb.edu.
Geir Stenseth is Postdoctoral Research Fellow at the Faculty of Law, University of Oslo. He earned his Norwegian Law Degree (Cand. jur., Oslo) in 1990. He practiced law, mainly in the area of real property law. He also appears in court for the Norwegian military prosecuting authority as appointed Judge advocate. In 2001 he returned to academia and earned the Norwegian Doctoral Degree (Dr. juris, Oslo) in 2005, publishing the thesis (in Norwegian, with a English summary) The Janus Face of Common Lands: A comparative legal analysis of common lands and co-ownership in respect of Norwegian outfields. At the Center, he will explore what relevance new advances in such disciplines as psychology, behavioural biology and cognitive neuroscience may have to the understanding of property as a concept. His research is part of a broader project of the Natural Resources Group at the Faculty of Law in Oslo. The project, called Rights to uncultivated land and social change, receives funding from the Research Council of Norway. His office is 473 Boalt, 643-6582, email geir.stenseth@jus.uio.no.
Maartje van der Woude is a PhD-student in the Department of criminal law and criminology of the University of Leyden, the Netherlands. She received both her law degree (2002) and her MSc (2005) at Leyden, specializing in (criminal) law enforcement and safety policies, in particular counterterrorism. Besides teaching various courses, she is currently working on her dissertation with the (working) title “Anti-terrorism legislation in a Culture of Control: An investigation into the Development of the Discourse.” In her research, Maartje focuses on the discrepancy between social/political discourse and legal discourse of counterterrorism. Counter-terrorism legislation shows a tension between the social/political discourse, in which collective security occupies center stage, and the (criminal) legal discourse, where individual legal protection is considered to have the highest value. The prevailing impression of criminal justice scholars is that typical values of criminal law are subordinated to risk control. This research focuses on a comparison of the two discourses in order to establish (a) on which points there is agreement or agreement can be reached, (b) on which points no agreement is possible, so that the legislator must make choices, (c) how – and in which terms – he should substantiate such choices so that they fit in with the present-day culture of control. While in Berkeley, Maartje is working on two chapters of her dissertation as well as on two articles relating to her dissertation. Her office is in 471A Boalt, tel. 643-9286, email mahvanderwoude@gmail.com.
Center for the Study of Law and Society
Visiting Scholars Fall 2007
Andreas Abegg is a recipient of a three-year fellowship for Academic Research by the Swiss National Science Foundation and co-editor in chief of a new European Journal on Constellations of Law and Society called Ancilla Iuris: www.anci.ch. His 2003 doctoral dissertation received among other awards the Peter Jaeggi-Award for the best dissertation in private law at the University of Fribourg. Abegg's work is in private and public contract law and in private and public law theory, especially systems theory and evolutionary theory. At the Center, he will be working on his second book, on contracts between public agencies and private parties, also looking at the historical, sociological and theoretical components. Abegg’s office is 473 Boalt, 643-6582, email andreas.abegg@unifr.ch.
Kirk Boyd is a co-director of the International Convention on Human Rights Research Project. He completed his B.S. in political science at the University of California, Santa Barbara, (1981), followed by his J.D. (1985), LL.M (1996) and J.S.D. (2000) from Boalt Hall. He has been a litigator with Morrison & Forester and a partner in the firm Boyd, Huffman, Williams and Urla, working mainly in civil rights and environmental law. Boyd has taught at U.C. Santa Barbara, including courses on International Human Rights, International Law, Civil Rights and First Amendment. His research is the evolution of the Universal Declaration of Human Rights into the European Convention on Human Rights and the potential for development into an International Convention on Human Rights, enforceable in the courts of all countries. He is organizing a conference to be held at Zellerbach Hall on February 29, 2008 to discuss a draft International Convention. He can be reached at kirkboyd@ichr.org, or at (415) 690-6687.
Thomas Burke(PhD, U.C. Berkeley, 1996) is Associate Professor of Political Science at Wellesley College. His research focuses on the place of rights and litigation in public policy. His most recent project examines how organizations respond to social change laws. The first article from this project, “The Diffusion of Rights,” with
co-author Jeb Barnes, was published in the fall, 2006 issue of Law and Society Review. Another article, “Political Regimes and the Future of the First Amendment,” is forthcoming in Studies in Law, Politics and
Society. Burke has written about the Americans with Disabilities Act, disability politics in the European Union, American campaign finance law, and the place of rights in American politics. He is the co-author, with Lief Carter, of the updated 7th edition of Reason in Law (2007), and the author of Lawyers, Lawsuits and Legal Rights: The Struggle Over Litigation in American Society (2002). His office is at 2240 Piedmont, 642-4038, email tburke@wellesley.edu .
Fuyong Chen is a Doctoral Candidate at the Law School of Tsinghua University, P. R. China. He received his Masters Degree in Procedural Law from Peking University (2005) and his Bachelor of Law from China University of Political Science and Law (2001). His recent publications include “On Using Vague or Exact Expressions in the Position of China’s Arbitration institutions” (2007); “A New Probe into the Effectiveness of Limitation of Action”(2007); “On the Action Form of Civil Torts Compensation Cases Concerning Negotiable Securities”(2004). During his residency, he will be working on the research entitled "Access to Arbitration: an Empirical Study of China's Practice". Chen’s office is 470 Boalt, 642-4037, email chenfuyong@bjac.org.cn.
Ira Mark Ellman is Professor of Law. Willard H. Pedrick Distinguished Research Scholar, and Fellow, Center for the Study of Law, Science, & Technology at Arizona State University. He received his B.A. from Reed College (1967), his M.A. in Psychology from the University of Illinois (1969) and his J.D. from the University of California, Berkeley (1973). E llman’s principal scholarly interests are in Family Law, and the use of social science in policymaking by legislatures and courts. Among his current projects are an empirical investigation into how people make judgments about the level of child support payments they believe the law should require an absent parent to pay, and a book for Oxford University Press about the difficulties inherent in making family law policy. His article “Intuitive Lawmaking: The Example of Child Support,” with Rob MacCoun and Sanford Braver has been accepted for the 2007 Empirical Legal Studies Conference. His office is 327 North Addition, 642-0130, ira.ellman@asu.edu.
Jian (Jane) Fu is a Senior Lecturer in Law at Deakin University in Melbourne, Australia. She obtained an LLB from Beijing University in 1988 and an LLM from the University of Canberra, Australia. She recently completed a PhD in Law at the University of New South Wales. Professor Fu is the recipient of a Special International Studies Program grant from Deakin University. At the Center, she will work on three articles: "Protection of Shareholders in the PRC, the US and Australia: A Comparative Perspective," "The Reform of Banking Regulation in the PRC: Corporatization and Securitization," and "Law Making in the PRC in a Market Economy: Tradition and Modernization." Her office will be in Boalt 471, tel. 642-8646, email janefu@deakin.edu.au .
David Glick is a fourth year PhD Candidate in the Politics Department at Princeton University focusing on Public Law and American Politics. His dissertation investigates the important role that private organizations play in shaping legal impact by analyzing empirically how they actually learn about the law and decide which concrete internal polices (if any) to enact in the implementation process. He treats these organizations as actors trying to make difficult policy decisions in response to complex and ambiguous laws by building on more general theories of decision making in complex tasks, and finds that legal changes are often turned into concrete policy by organizations which learn from and copy each other's responses to it. He is also the author of the working paper, "Strategic Retreat and the 1935 Gold Clause Cases." David was an undergraduate at Williams College. His office is 470 Boalt, 6420-437, dglick@Princeton.edu.
Sora Y. Han is Assistant Professor in Criminology, Law & Society at UC Irvine. She received her Ph.D. from the Department of History of Consciousness at UC Santa Cruz, and her J.D. from UCLA School of Law with an emphasis in Critical Race Studies. She is working on a book manuscript, “The Bonds of Representation: Race, Law, and the Feminine in Post-Civil Rights America,” which examines the intersections of racial jurisprudence and popular culture. Articles include “The Politics of Race in Asian American Jurisprudence” ( UCLA Asian Pacific American Law Journal ), “Intersectionality and the Shudder” ( Feminist Interpretations of Adorno, and “Strict Scrutiny: Race, Sexuality, and the Tragedy of Constitutional Law” (Stanford Journal of Civil Rights and Civil Liberties , forthcoming). Research interests include the literary imagination of American constitutional law, psychoanalytic theories of law and visual culture, critical prison studies, and racial and feminist politics. Contact Han in 471A Boalt, 643-9286, shan@law.berkeley.edu.
Nick Huls is Professor and Chair of Sociolegal Studies at Erasmus University Rotterdam and the University of Leyden, and Head of the Erasmus Center for Law & Society. He received his law degree at Utrecht University in 1973 and his PhD, on consumer protection law, in 1981. From 1982 -1990 he was project leader of the Consumer Credit Act at the Netherlands Department of Economic Affairs; his recommendations led to the adoption of a new bankruptcy act based on US law. In 1990 Nick returned to academia, initially as Director of the Leyden Institute for Law and Public Policy. While at Berkeley, Nick is working on two books -- an introduction to sociolegal studies and the editing of the papers and proceedings of an international conference in Rotterdam in January 2007 (in English) entitled The Legitimacy of Supreme Courts' Rulings. He will present a paper on judicial power in the Netherlands in the CSLS Sawyer Seminar on October 18 th. His office is in 2240 Piedmont, 642-4038, email huls@frg.eur.nl.
Timothy Kaufman-Osborn received his B.A. from Oberlin College and his Ph.D. from Princeton University. He is the Baker Ferguson Professor of Politics and Leadership at Whitman College. He is the author of three books as well as over twenty articles on topics including capital punishment, the discipline of political science, feminist theory, and American pragmatism. Kaufman-Osborn has served as president of the Western Political Science Association as well as the American Civil Liberties Union of Washington, and he recently completed a term on the Executive Council of the American Political Science Association. He is the recipient of several awards for his scholarship and teaching, including the Western Political Science Association’s Pi Sigma Alpha and Betty Nesvold Women and Politics Awards as well as the Robert Fluno Award for Distinguished Teaching in the Social Sciences. While at the Center, he will be working on various aspects of the political and legal regulation of death in the United States. His office is at 2240 Piedmont, Program in Criminal Justice, Law and Society, 642-4038, kaufmatv@whitman.edu.
Philip Lewis was a Research Fellow at All Souls College, Oxford from 1965 to 1988, and since 1996 has been at the Centre for Socio-Legal Studies, Oxford. He has visited Berkeley on two previous occasions, and has also been a Senior Scholar at Stanford. His research interest is in the legal profession, and with Rick Abel, of UCLA, he started the Working Group on Legal Professions, out of which came the three volumes they edited, Lawyers in Society (1988-9). While at Berkeley he will be looking back at research projects he has previously carried out on groups of lawyers in the USA and the UK , and studying the relevance to them of some general themes in legal professions research, such as competition, expertise, ideologies, independence, trust and "communities of practice". Dr. Lewis's office is in 470 Boalt, tel. 642-0437, email philip.lewis@csls.ox.ac.uk .
Michael Musheno is Professor and Director of the Program in Criminal Justice Studies at San Francisco State University. He is a former program director of Law and the Social Sciences at NSF. His teaching and writing focus on policing, street law, and the state’s frontline workforce, currently US Army reservists serving in Iraq. He draws upon narratives, particularly the storytelling of subjects and agents of the state, and uses interpretive field methods. His book, Cops, Teachers, Counselors: Stories from the Front Lines of Public Service ( University of Michigan Press, 2004) co-authored with Steven Maynard-Moody, is the winner of the American Political Science Association’s 2005 Herbert A. Simon Book Award and winner of the 2005 Best Book of Public Administration Research from the American Society of Public Administration. His book in press, Deployed: How Reservists Bear the Burden of Iraq (University of Michigan Press, 2008) co-authored with Susan Ross, focuses on the life histories of one of the first military police reserve companies deployed after 9.11, including a year running a prison near Baghdad. His email address is mmusheno@sfsu.edu.
Richard Perry is professor of Justice Studies at San Jose State University, where he teaches courses in courts, theory, and cultural studies of law. Before joining the San Jose State faculty, he taught in U.C. Irvine’s Department of Criminology, Law and Society for nine years and also held a two-year research fellowship at the Center for Philosophy of Law of the University of Louvain, Belgium. He has a J.D. from Stanford Law School and B.A., M.A., and Ph.D. in linguistics from U.C. Berkeley. He is co-editor of Globalization under Construction: Law, Identity, and Governmentality ( University of Minnesota Press) and he is currently co-editing a volume on equity and water resources for the MIT Press. In the spring semester, he will present a talk in the CSLS Bag Lunch Speaker Series. His office is 893 Simon, 642-0330, email rwperry@sbcglobal.net.
Daniela Piana , PhD in sociology, Master degree in Philosophy, is Assistant Professor of Political Science at the University of Florence. Visiting Fellow at the College of Natolin in Warsaw, at the University of Marseille III, at the Institute for Sociology of Law in Onati and at the Institute des Hautes Etudes sur la Justice in Paris, she is currently involved in two international research projects, on judicial education and judicial cooperation in Europe. Her research interests include constitutionalism and the constitutional courts of the Central and Eastern European Countries, judicial cooperation in the European Union, the quality of justice and the transnationalization of legal culture. She is author of several articles and essays published in Italian and Foreign reviews and recently of the volumes “The Institutions In Mind, Anchors of Legitimacy of Political Power” and “Building Democracy: Beyond the Borders of the European Public Space”. Her office is 472 Boalt, 643-5368, email danielapiana@hotmail.com.
Jiri Priban graduated from Charles University in Prague in 1989 and joined the faculty of Cardiff Law School, Cardiff University in 2001. In 2001, he received his LLD at Charles University and was appointed professor of sociology of law and jurisprudence at Charles University in 2002. He was appointed professor of law at Cardiff University in 2006. He has been visiting professor or scholar at the European University Institute in Florence, Leuven University in Belgium, University of Pretoria in South Africa and the University of San Francisco. In 2003, he was visiting scholar at Center for the Study of Law and Society. Jiri has published two monographs in English: Dissidents of Law (2002) and Legal Symbolism (2007). He also edited: Liquid Society and Its Law (2007), Systems of Justice in Transition (2003, with P. Roberts and J. Young), Law's New Boundaries (2001 with D. Nelken) and The Rule of Law in Central Europe (1999 with J. Young). His areas of interest are the sociology and social theory of law, jurisprudence, constitutional and European comparative law, theory of human rights. Jiri is an editor of the Journal of Law and Society. His email address is priban@Cardiff.ac.uk.
Amnon Reichman holds an LL.B. from the Hebrew University in Jerusalem, an LL.M. from Boalt Hall, and an SJD from the University of Toronto. His main areas of interest are constitutional theory, theories of adjudication, and comparative constitutional law. He is also engaged in the field of law and culture. He clerked for Justice Aharon Barak of the Israeli Supreme Court, and recently served as an advisor to the Israeli Knesset on drafting the Israeli constitution. Reichman has been on the University of Haifa Faculty of Law since 2001. He was a visiting professor at Boalt Hall in 2006, in Cardozo School of Law in 2004, and a faculty fellow at the Edmond J. Safra Foundation Center for Ethics (then the Center for Ethics and the Professions) at Harvard University in 2000-01. His articles include, "Overlooking the Common Law" (Canadian Journal of Law and Jurisprudence), and "A Charter-Free Domain: in Defense of Dolphin Delivery" (University of British Columbia Law Review). He has also written on human rights in times of emergencies (in Torture as Tort: Comparative Perspectives on the Development of Transnational Tort Litigation ). During the Fall term he will be involved with the Sawyer seminar, presenting a paper on the Israeli constitutional system on November 15 th. His office is 471A Boalt, 643-9286, email areichman@law.berkeley.edu.
Geir Stenseth is Postdoctoral Research Fellow at the Faculty of Law, University of Oslo. He earned his Norwegian Law Degree (Cand. jur., Oslo) in 1990. He practiced law, mainly in the area of real property law. He also appears in court for the Norwegian military prosecuting authority as appointed Judge advocate. In 2001 he returned to academia and earned the Norwegian Doctoral Degree (Dr. juris, Oslo) in 2005, publishing the thesis (in Norwegian, with a English summary) The Janus Face of Common Lands: A comparative legal analysis of common lands and co-ownership in respect of Norwegian outfields. At the Center, he will explore what relevance new advances in such disciplines as psychology, behavioural biology and cognitive neuroscience may have to the understanding of property as a concept. His research is part of a broader project of the Natural Resources Group at the Faculty of Law in Oslo. The project, called Rights to uncultivated land and social change, receives funding from the Research Council of Norway. His office is 473 Boalt, 643-6582, email geir.stenseth@jus.uio.no.
Ruth Zafran is a lecturer at the Radzyner School of Law in the Herzlia Interdisciplinary Center, Israel, where she teaches courses in family law and children's rights. Ruth's doctoral dissertation examined the Right of Offspring to Seek Out their Biological Parents and she later published on that topic. She received her LL.D. degree from the Hebrew University of Jerusalem in 2004. Her current research focuses on the family in the techno-genetic era. In particular, she finds the bio-ethical questions surrounding the beginning of life – pregnancy, birth, reproductive technologies and the legal definition of parenthood – compelling. During her stay at the Center she is writing about the boundaries of the parent's liberty to make decisions pertaining to the genetic makeup of the child he/she is about to have. Dr. Zafran's office is in 471 Boalt, tel. 642-7566, email: rzafran@idc.ac.il.
Center for the Study of Law and Society
Visiting Scholars Spring 2007
Colin Bennett received his Bachelor's and Master's degrees from the University of Wales, and his Ph.D. from the University of Illinois at Urbana-Champaign. Since 1986 he has taught in the Department of Political Science at the University of Victoria, where he is now Professor. From 1999-2000, he was a fellow with the Harvard Information Infrastructure Project, Kennedy School of Government, Harvard University. His research interests have focused on the comparative analysis of information privacy protection policies at the domestic and international levels. He has published Regulating Privacy: Data Protection and Public Policy in Europe and the United States (Cornell University Press, 1992). He is also co-editor or Visions of Privacy: Policy Choices for the Digital Age (University of Toronto Press, 1999), and co-author of The Governance of Privacy: Policy Instruments in Global Perspective (Ashgate Press, 2003; MIT Press, 2006), and numerous journal articles, policy reports and occasional newspaper pieces. He is currently involved in a comparative project on the subject of “Privacy Advocacy” in advanced industrial states.
Kirk Boyd is a co-director of the International Convention on Human Rights Research Project. He completed his B.S. in political science at the University of California, Santa Barbara, (1981), followed by his J.D. (1985), LL.M (1996) and J.S.D. (2000) from Boalt Hall. He has been a litigator with Morrison & Forester and a partner in the firm Boyd,Huffman, Williams and Urla. The majority of his cases have been civil rights and environmental law. He was trained as a trial lawyer, but has also appeared as appellate counsel at every level of court, including the United States Supreme Court. In addition to practice, Boyd has taught for several years at U.C. Santa Barbara, including courses on International Human Rights, International Law, Civil Rights and First Amendment. His research is the evolution of the Universal Declaration of Human Rights into the European Convention on Human Rights and the potential for development into an International Convention on Human Rights, enforceable in the courts of all countries. While visiting for the spring and fall, 2007, Boyd will be dividing his work between two projects. One is research for, and preparation of, a conference to be held at Boalt on October 19 & 20, 2007, to discuss a draft International Convention. Another is writing a manuscript entitled Four Freedoms Plan for Humanity that describes the foundation for an International Convention document, and offers a process for drafting one. He welcomes comments of any kind, and can be reached at kirkboyd@ichr.org, or at (415) 690-6687.
Jo Carrillo is the Harry H. and Lillian H. Hastings Research Chair and Professor of Law at UC Hastings College of the Law in San Francisco, where she has taught since 1991. She graduated from Stanford University in 1981, where she studied Modern Latin American Literature. She graduated in 1986 from the University of New Mexico Law School with honors. She earned a J.S.D. in 1996 from Stanford Law School under the guidance of Professors Lawrence Friedman, William Simon, and Richard Roberts (History). She has written about indigenous issues. While at the Center, Carrillo will complete Bonds No. 73: Million Dollar Baseballs, Popular Legal Culture, and the Claim for Cultural Property, a manuscript about the marketability of items with cultural or historical importance – collectible baseballs, indigenous items (tangible and intangible) and spaces, and high-end art being examples – and the law. The book explores the relevance of culturally important items in relation to popular legal culture, market reserves and legal doctrine. Her office is in 473 Boalt, tel. 642-6582, email carrillo@uchastings.edu
Jian (Jane) Fu is a Senior Lecturer in Law at Deakin University in Melbourne, Australia. She obtained an LLB from Beijing University in 1988, an LLM from the University of Canberra 1996, Australia, and a PhD in Law at the University of New South Wales in 2005. Before moveing to Australia in 1996, she worked as a legislative affairs officer at the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the PRC for eight years. Professor Fu is the recipient of a Special International Studies Program grant from Deakin University in 2005. She has been an academic visitor at Faculty of Law and Oriel College at the University of Oxford. At the Center, she will work on two books: "Corporate Disclosure and Corporate Governance in Listed Chinese Companies" and "Law Making in the PRC: 1979 - 2009." Her office will be in Boalt 471, 642-8646, email janefu@deakin.edu.au.
Alessandro de Giorgi is a research fellow in Criminology at the Faculty of Law, University of Bologna ( Italy). He received his PhD in Criminology at Keele University ( United Kingdom) and has spent some periods as visiting scholar at the University of Bern ( Switzerland) and the University of Saarland ( Germany). His recent research interests focus on the transformations of social control in contemporary post-fordist societies, with particular reference to actuarial strategies of penal control in post-industrial economies. On these topics he has published Re-thinking the Political Economy of Punishment: Perspectives on post-Fordism and Penal Politics (Ashgate, 2006). While at the Center, De Giorgi will conduct research around the impact of contemporary punitive strategies of crime and drug control in deprived urban areas across Europe and the United States. Alessandro's office is in Boalt 470, tel. 642-0437, email degiorgi@hotmail.com .
Sora Y. Han is a University of California President's Postdoctoral Fellow at Boalt Hall School of Law. She received her Ph.D. from the Department of History of Consciousness with a parenthetical notation in Feminist Studies at UC Santa Cruz, and her J.D. from UCLA School of Law with an emphasis in Critical Race Studies. Her dissertation, entitled, "The Bonds of Representation: Race, Law, and the Feminine in Post-Civil Rights America," examines the intersections of racial jurisprudence and popular culture. She will be revising this dissertation into a book manuscript during her tenure at the Center. Her general research interests include the literary imagination of American constitutional law, psychoanalytic theories of law and visual culture, critical prison studies, and racial and feminist politics. She recently published "The Politics of Race in Asian American Jurisprudence," in the UCLA Asian Pacific American Law Journal, and is co-editing a book with Elizabeth Povinelli and Kendall Thomas on contemporary forms of internment. As part of the movement for prison abolition, Dr. Han has worked at Legal Services for Prisoners with Children ( San Francisco) and Justice Now ( Oakland) as a legal advocate for women prisoners in California. Sora's office is in Boalt 471A Boalt, tel. 643-9286, email syhan@berkeley.edu .
Kathryn Harrison is a Professor of Political Science at the University of British Columbia. She has published books and articles on Canadian politics, federalism, and comparative public policy, especially environmental policy. While at the Center as a Fulbright scholar, she will be completing a book on environmental regulation of the paper industry in the context of economic globalization, and directing a collaborative project comparing climate change policies in eight jurisdictions ( Canada , US, Australia , Japan , Russia , China , India , and the European Union). Her own research for the latter will focus on Canadian and US decisions with respect to ratification of the Kyoto Protocol and adoption of climate policies more generally. Kathryn's office this semester is on the 2nd floor of the JSP building, tel. 642-4038, email harrison@politics.ubc.ca .
Nick Huls is Professor and Chair of Sociolegal Studies at Erasmus University Rotterdam and the University of Leyden, and Head of the Erasmus Center for Law & Society (ECLS). He received his law degree at Utrecht University in 1973 and his PhD, on consumer protection law, in 1981. From 1982 -1990 he was project leader of the Consumer Credit Act at the Netherlands Department of Economic Affairs; his recommendations led to the adoption of a new bankruptcy act based on US law. In 1990 Nick returned to academia, initially as Director of the Leyden Institute for Law and Public Policy. In 1996 he was appointed Professor of Law and Technology at Delft University, in 1997 as Professor of Sociolegal Studies at Leyden, and in 2000 as Chair at Erasmus University. Presently he leads a research program called 'the judicial domain'. Nick has written about his experiences as a lawyer involved in the legislative process, both on a practical and a theoretical level (negotiated rule making). He is a member of international working groups on legal aid, the legal professions and consumer bankruptcy. While at Berkeley, Nick will work on two books -- an introduction to sociolegal studies and the editing of the papers and proceedings of an international conference in Rotterdam in January 2007 (in English) entitled The Legitimacy of Supreme Courts' Rulings. His office is in Boalt 470, tel. 642-0437,
email huls@frg.eur.nl.
Philip Lewis was a Research Fellow at All Souls College , Oxford from 1965 to 1988, and since 1996 has been at the Centre for Socio-Legal Studies, Oxford . He has visited Berkeley on two previous occasions, and has also been a Senior Scholar at Stanford.
His research interest is in the legal profession, and with Rick Abel, of UCLA, he started the Working Group on Legal Professions, out of which came the three volumes they edited, Lawyers in Society (1988-9). While at Berkeley he will be looking back at research projects he has previously carried out on groups of lawyers in the USA and the UK , and studying the relevance to them of some general themes in legal professions research, such as competition, expertise, ideologies, independence, trust and "communities of practice". Dr. Lewis's office is in 470 Boalt, tel. 642-0437, email philip.lewis@csls.ox.ac.uk .
Mika Matsumoto is a practicing lawyer in Japan, selected by the Japanese Federation of Bar Associations (JFBA) under our agreement by which the Center hosts one visiting scholar annually sponsored by the JFBA, who practices criminal or juvenile defense or public interest law in Japan. Ms. Matsumoto received the law degree from Hitotsubashi University in 1998, and graduated from the Legal Research and Training Institute of Japan in 2000. That year, to address a concern about the concentration of legal services in metropolitan areas and the lack of legal aid benefits in rural areas, the JFBA established Himawari Fund Law Offices nation-wide. Ms Matsumoto became the first General Manager of the Himawari Fund Law Office in Monbetsu, a small city in a rural area that had no legal profession before her arrival, where she served from 2001 to 2003. After returning to Tokyo, she continued to be involved in the issue of rural legal services, raising awareness of the problem in the government and in the legal profession. At the Center, Ms. Matsumoto will research US pro bono activities in rural areas as reference for possible implementation in Japan. She will study the current status and issues of the public defender system in the U.S, as one of the main purposes of the Himawari Fund is to improve the criminal defense system in rural areas. She is also interested in motivating and inspiring new lawyers who are involved in activities for public interest. Ms. Matsumoto's office is in 471 Boalt, tel. 642-7566, email mikam@berkeley.edu .
Yoshinori Okada is associate professor of law, Nanzan University , Faculty of Law. He received his PhD (Law), University of Hitotsubashi ( Japan ), in 1997. He regularly lectures on criminal procedure and criminal evidence. His doctoral thesis was a comparative study of the right to counsel and criminal defense systems among the US , UK and Japan . A book based on his dissertation was published in Japan in 2001. At the Center, Professor Okada will conduct research on pre-trial criminal procedure and lay participation in the criminal trial. His other interests are evidence and empirical science, and the role and ethics of the criminal defense lawyer. He was the recipient of a grant from the program for promoting internationalization in university education from the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in 2005. Professor Okada's office is in 470 Boalt, tel. 642-0437, email Etsutenokada@aol.com .
Ken Tanaka is an associate professor in the Faculty of Economics, Nagasaki University , in Japan . Mr. Tanaka received the LL.M. degree from Kobe University in 1997. He completed coursework in the Doctoral Program, Graduate School of Law, Kobe University in 2000. He regularly lectures on administrative law. Prof. Tanaka's specialty is environmental law and administrative law. He is interested in public works projects and information systems in the environmental policies. For example, he has studied about the Land Reclamation Project of Isahaya Bay, PRTR (Pollutant Release and Transfer Register) and environmental label and environmental audit till now. In addition, he is interested in the tobacco regulations. During his stay at the Center, Tanaka will conduct research on the law systems protecting and restoring the marine environment. In addition, he will conduct research on the law systems securing reliable environmental information in the environmental policies. He has received a grant of the internationalization promotion program that supports the advanced study from the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in 2006. Mr. Tanaka's office is 471 Boalt, tel. 642-7566, email tanaka-k@nagasaki-u.ac.jp .
Ruth Zafran is a lecturer at the Radzyner School of Law in the Herzlia Interdisciplinary Center, Israel, where she teaches courses in family law and children's rights. Ruth's doctoral dissertation examined the Right of Offspring to Seek Out their Biological Parents and she later published on that topic. She received her LL.D. degree from the Hebrew University of Jerusalem in 2004. Her current research focuses on the family in the techno-genetic era. In particular, she finds the bio-ethical questions surrounding the beginning of life – pregnancy, birth, reproductive technologies and the legal definition of parenthood – compelling. During her stay at the Center she plans to write about the boundaries of the parent's liberty to make decisions pertaining to the genetic makeup of the child he/she is about to have. Dr. Zafran's office is in 471A Boalt, tel. 643-9286, email: rzafran@idc.ac.il.
Center for the Study of Law and Society
Visiting Scholars Fall 2006
Kitty Calavita is Professor of Criminology, Law and Society at the University of California , Irvine . She was President of the Law and Society Association in 2000-2001. She has conducted research and published widely in the field of immigration and immigration lawmaking. Her work is both contemporary and historical, U.S.-based and comparative. Her most recent book, Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe ( Cambridge , 2005), examines immigrant marginalization in Italy and Spain , and the formal and informal legal processes that contribute to it.
Calavita has recently launched a new research agenda that will explore some of these issues of race, marginalization, and legal processes within the venue of prisoners' rights. She is interested specifically in the informal grievance process provided by California law to prison inmates in the State. She hopes to contribute to the scholarship on legal consciousness, as well as the literature on the informal, de facto realm of law and "street-level bureaucrats," a theme that has been a centerpiece of all of her work. Kitty's office is on the first floor of the JSP building, telephone 642-4038, email kccalavi@uci.edu .
Jo Carrillo is the Harry H. and Lillian H. Hastings Research Chair and Professor of Law at UC Hastings College of the Law in San Francisco . Carrillo graduated from Stanford University in 1981, where she focused on the study of Modern Latin American Literature under Fernando Alegria and Mary Pratt. She graduated in 1986 from the University of New Mexico Law School with honors. She graduated in 1996 from Stanford Law School , earning a J.S.D. under the guidance of Professors Lawrence Friedman, William Simon, and Richard Roberts (History). Carrillo joined the Hastings faculty in 1991. In 1997-1998, she was a Visiting Professor of Law at Stanford Law School . She has written about indigenous issues.
While at the Center, Carrillo will complete Bonds No. 73: Million Dollar Baseballs, Popular Legal Culture, and the Claim for Cultural Property , a manuscript about the marketability of items with cultural or historical importance - collectible baseballs, indigenous items (tangible and intangible) and spaces, and high-end art being examples - and the law. The book explores the relevance of culturally important items in relation to popular legal culture (how a public might perceive, as reflected by accessible (popular) culture, that the law handles a collectible or culturally significant item), markets, market reserves (the negotiated exclusion of a collectible item from the market place) and legal doctrine. Carrillo lives locally. She can be reached by e-mail at carrillo@uchastings.edu or by voice mail at (415) 565-4866.
Jian (Jane) Fu is a Senior Lecturer in Law at Deakin University in Melobourne , Australia . She obtained an LLB from Beijing University in 1988 and an LLM from the University of Canberra, Australia. She recently completed a PhD in Law at the University of New South Wales . Professor Fu is the recipient of a Special International Studies Program grant from Deakin University . At the Center, she will work on three articles: "Protection of Shareholders in the PRC, the US and Australia : A Comparative Perspective," "The Reform of Banking Regulation in the PRC: Corporatization and Securitization," and "Law Making in the PRC in a Market Economy: Tradition and Modernization." Her office will be in Boalt 470, tel. 642-0437, email janefu@deakin.edu.au .
Alessandro de Giorgi is a research fellow in Criminology at the Faculty of Law, University of Bologna ( Italy ). He received his PhD in Criminology at Keele University ( United Kingdom ) and has spent some periods as visiting scholar at the University of Bern ( Switzerland ) and the University of Saarland ( Germany ). His recent research interests focus on the transformations of social control in contemporary post-fordist societies, with particular reference to actuarial strategies of penal control in post-industrial economies. On these topics he has published Re-thinking the Political Economy of Punishment: Perspectives on post-Fordism and Penal Politics (Ashgate, 2006). While at the Center, De Giorgi will conduct research around the impact of contemporary punitive strategies of crime and drug control in deprived urban areas across Europe and the United States . Alessandro's office is in Boalt 470, tel. 642-0437, email degiorgi@hotmail.com .
Sora Y. Han is a University of California President's Postdoctoral Fellow at Boalt Hall School of Law. She received her Ph.D. from the Department of History of Consciousness with a parenthetical notation in Feminist Studies at UC Santa Cruz, and her J.D. from UCLA School of Law with an emphasis in Critical Race Studies. Her dissertation, entitled, "The Bonds of Representation: Race, Law, and the Feminine in Post-Civil Rights America," examines the intersections of racial jurisprudence and popular culture. She will be revising this dissertation into a book manuscript during her tenure at the Center for the Study of Law & Society. Her general research interests include the literary imagination of American constitutional law, psychoanalytic theories of law and visual culture, critical prison studies, and racial and feminist politics. She recently published the article, "The Politics of Race in Asian American Jurisprudence," in the UCLA Asian Pacific American Law Journal, and is co-editing a book with Elizabeth Povinelli and Kendall Thomas on contemporary forms of internment. As part of the movement for prison abolition, Dr. Han has worked at Legal Services for Prisoners with Children ( San Francisco , CA ) and Justice Now ( Oakland , CA ) as a legal advocate for women prisoners in California . Sora's office is in Boalt 471A Boalt, tel. 643-9286, email syhan@berkeley.edu .
Kathryn Harrison is a Professor of Political Science at the University of British Columbia . She has published books and articles on Canadian politics, federalism, and comparative public policy, especially environmental policy. While at the Center as a Fulbright scholar, she will be completing a book on environmental regulation of the paper industry in the context of economic globalization, and directing a collaborative project comparing climate change policies in eight jurisdictions ( Canada , US, Australia , Japan , Russia , China , India , and the European Union). Her own research for the latter will focus on Canadian and US decisions with respect to ratification of the Kyoto Protocol and adoption of climate policies more generally. Kathryn's office is Boalt 473, tel. 642-6582, email harrison@politics.ubc.ca .
Valerie Jenness is a Professor of Criminology, Law and Society at the University of California , Irvine , co-editor of Contemporary Sociology , and the President of the Society for the Study of Social Problems. Her research has focused on the politics of crime control, with an emphasis on the links between intergroup conflict and the development and implementation of crime control policies designed to curb bias-motivated violence. She is the co-editor of one book, Social Movements, Public Policy, and Democracy (with David Meyer and Helen Ingram, 2005), and the author of three books-- Making Hate a Crime: From Social Movement to Law Enforcement Practice (with Ryken Grattet, 2001), Hate Crimes: New Social Movements and the Politics of Violence (with Kendal Broad, 1997), and Making it Work: The Prostitutes' Rights Movement in Perspective (1993).
Professor Jenness is currently working on a multi-year study funded by the California Department of Corrections and Rehabilitation to determine the causes, manifestations, and consequences of sexual assault in California prisons; related, she is working on a larger project focused on the development, implementation, and consequences of the Prison Rape Elimination Act of 2003. In addition, she is initiating research on the relationship between degrees of racial segregation/integration and violence in California prisons. Val's office is on the 2 nd floor of the JSP building, tel. 642-4038, email jenness@uci.edu .
Philip Lewis was a Research Fellow at All Souls College , Oxford from 1965 to 1988, and since 1996 has been at the Centre for Socio-Legal Studies, Oxford . He has visited Berkeley on two previous occasions, and has also been a Senior Scholar at Stanford.
His research interest is in the legal profession, and with Rick Abel, of UCLA, he started the Working Group on Legal Professions, out of which came the three volumes they edited, Lawyers in Society (1988-9). While at Berkeley he will be looking back at research projects he has previously carried out on groups of lawyers in the USA and the UK , and studying the relevance to them of some general themes in legal professions research, such as competition, expertise, ideologies, independence, trust and "communities of practice". Dr. Lewis's office is in 470 Boalt, tel. 642-0437, email philip.lewis@csls.ox.ac.uk .
Mika Matsumoto is a practicing lawyer in Japan . She was selected by the Japanese Federation of Bar Associations (JFBA) under our agreement by which the Center for the Study of Law and Society hosts one visiting scholar annually sponsored by the JFBA, who practices criminal or juvenile defense or public interest law in Japan . Ms. Matsumoto received the law degree from Hitotsubashi University in 1998, and graduated from the Legal Research and Training Institute of Japan in 2000. That year, to address a concern about the concentration of legal services in metropolitan areas and the lack of legal aid benefits in rural areas, the JFBA established Himawari Fund Law Offices nation-wide. Deeply concerned about the issue, Ms Matsumoto became the first General Manager of Monbetsu Himawari Fund Law Office. Monbetsu is a small city in a rural area in Hokkaido that had no legal profession before her arrival. She served the area from 2001 to 2003. After returning to Tokyo , she continued to be involved in the issue of rural legal services, raising awareness of the problem in the government and in the legal profession. During her stay at the Center, Ms. Matsumoto will research US pro bono activities in rural areas as reference for possible implementation in Japan . She will study the current status and issues of the public defender system in the U.S, as one of the main purposes of the Himawari Fund is to improve the criminal defense system in rural areas. She is also interested in motivating and inspiring new lawyers who are involved in activities for public interest. Ms. Matsumoto's office is in 471 Boalt, tel. 642-7566, email mikam@berkeley.edu .
Yoshinori Okada is associate professor of law, Nanzan University , Faculty of Law. He received his PhD (Law), University of Hitotsubashi ( Japan ), in 1997. He regularly lectures on criminal procedure and criminal evidence. His doctoral thesis was a comparative study of the right to counsel and criminal defense systems among the US , UK and Japan . A book based on his dissertation was published in Japan in 2001. At the Center, Professor Okada will conduct research on pre-trial criminal procedure and lay participation in the criminal trial. His other interests are evidence and empirical science, and the role and ethics of the criminal defense lawyer. He was the recipient of a grant from the program for promoting internationalization in university education from the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in 2005. Professor Okada's office is in 470 Boalt, tel. 642-0437, email Etsutenokada@aol.com .
Torsten Strulik is Assistant Professor at the Faculty of Sociology at the University of Bielefeld and Heisenberg-Fellow of the German Research Foundation (DFG). His current research focuses on the (self-) regulation of the global financial system and in particular, cognitive (learning-oriented) forms of financial governance. Since 2004, he has been directing a research project at the Institute for World Society Studies in Bielefeld which investigates to what extent the revised international capital framework for banking supervision (Basel II) and its implementation into national law are encouraging the innovation and risk management competencies of banks and supervisory institutions. Strulik will devote his time at the Center to the analysis of data and writing on this project. Torsten's office is in Boalt 473, email torsten.Strulik@uni-bielefeld.de , tel. 642-6582. His homepage is wwwhomes.uni-bielefeld.de/tstrulik
Ken Tanaka is an associate professor in the Faculty of Economics, Nagasaki University , in Japan . Mr. Tanaka received the LL.M. degree from Kobe University in 1997. He completed coursework in the Doctoral Program, Graduate School of Law, Kobe University in 2000. He regularly lectures on administrative law. Prof. Tanaka's specialty is environmental law and administrative law. He is interested in public works projects and information systems in the environmental policies. For example, he has studied about the Land Reclamation Project of Isahaya Bay, PRTR (Pollutant Release and Transfer Register) and environmental label and environmental audit till now. In addition, he is interested in the tobacco regulations. During his stay at the Center, Tanaka will conduct research on the law systems protecting and restoring the marine environment. In addition, he will conduct research on the law systems securing reliable environmental information in the environmental policies. He has received a grant of the internationalization promotion program that supports the advanced study from the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in 2006. Mr. Tanaka's office is 471 Boalt, tel. 642-7566, email tanaka-k@nagasaki-u.ac.jp .
Ruth Zafran is a lecturer at the Radzyner School of Law in the Herzlia Interdisciplinary Center, Israel, where she teaches courses in family law and children's rights. Ruth's doctoral dissertation examined the Right of Offspring to Seek Out their Biological Parents and she later published on that topic. She received her LL.D. degree from the Hebrew University of Jerusalem in 2004. Her current research focuses on the family in the techno-genetic era. In particular, she finds the bio-ethical questions surrounding the beginning of life - pregnancy, birth, reproductive technologies and the legal definition of parenthood - compelling. During her stay at the Center she plans to write about the boundaries of the parent's liberty to make decisions pertaining to the genetic makeup of the child he/she is about to have. Dr. Zafran's office is in 471A Boalt, tel. 643-9286, email: rzafran@idc.ac.il .
Center for the Study of Law and Society
Visiting Scholars Spring 2006
Andreas Abegg is a lecturer at the University of Fribourg Faculty of Law in Fribourg , Switzerland , the recipient of a Holcim Foundation Fellowship for Academic Research, and co-editor in chief of a new Swiss Journal for Theoretical Analysis of Law. His 2003 doctoral dissertation received the Peter Jäggi Award for the best dissertation in private law at the University of Fribourg . Abegg's work is in private law theory, especially systems theory and evolutionary theory, and in private and public contract law. At the Center, he will be working on his second book, on contracts between public agencies and private parties under Swiss law, looking at the historical, sociological and theoretical components. Dr. Abegg's office is in 473 Boalt, tel. 643-6582, email andreas.abegg@unifr.ch .
Maurizio Borghi , Degree in Economics, second degree in Philosophy, PhD in Economic and Social History, is Research fellow at Bocconi University of Milan, where he teaches Cultural history and Philosophy. His recent research activity focuses particularly on intellectual property rights in historical and philosophical perspective. He is also developing research programs on history of philosophy, with special regards to phenomenology and hermeneutics, as member of a research group on translating Martin Heidegger's works in Italian. He has published a book on the history of copyright and of the book trade in Italy ( La manifattura del pensiero: Diritti d'autore e mercato delle lettere in Italia (1801-1865) , Franco Angeli: Milan 2003) and some articles and papers on related subjects. Dr. Borghi's office is in 470 Boalt, tel. 642-0437, maurizio.borghi@unibocconi.it
Richard Delgado is University Distinguished Professor of Law & Derrick Bell Fellow at the University of Pittsburgh , where he teaches courses in civil procedure, civil rights, and critical jurisprudence. One of the founding figures of critical race theory, Delgado also pioneered legal scholarship in the areas of hate speech and narrative jurisprudence. He is the author of over 100 law review articles and 15 books, eight of which have won national book awards and one a Pulitzer Prize nomination. Delgado returns for a second residency to write a book on postcolonial theory and Latinos with his wife Jean Stefancic, Research Professor of Law & Derrick Bell Scholar at University of Pittsburgh . The two shared a Rockefeller Bellagio residency in 1993 to write a book on the role of law in social reform, and in 2001 each received a Bogliasco Foundation residency in Genoa , Italy to write separate books. Since 1995, Delgado and Stefancic have served as editors of the book series "Critical America" (NYU Press). Stefancic's entry appears separately in this list. Professor Delgado's office is in 471A Boalt, tel. 643-9286, delgado@law.pitt.edu .
Mayumi Ikawa is a practicing lawyer in Japan . She was selected by the Japanese Federation of Bar Associations (JFBA) under our agreement by which the Center for the Study of Law and Society hosts one visiting scholar annually sponsored by the JFBA, who practices criminal or juvenile defense or public interest law in Japan . Ms. Ikawa received the law degree from Keio University in 1998, and graduated from the Legal Research and Training Institute of Japan in 2000. Since being admitted to the Bar in 2000, as a member of the Anti-Racketeering Special Committee of the Tokyo Bar Association, she has worked on many crime-organization problems: corporate racketeering, loan-sharking, Kabuki-cho problems (Kabuki-cho is a famous town where many Yakuza offices are located), etc. She has also advised Japanese companies regarding corporate social responsibility and corporate ethics.
During her stay at the Center, Ms. Ikawa will study methods of coping with crime organizations. She is especially interested in how the United States has coped with the Mafia and assisted victims of organized crime. In addition to crime-organization problems, she hopes to carry out research in the area of corporate social responsibility. Ms. Ikawa's office is in 471 Boalt, tel. 642-8646, email ikawa@berkeley.edu .
Simha F. Landau is Mildred and Benjamin Berger Professor of Criminology at the Institute of Criminology, Faculty of Law, The Hebrew University of Jerusalem. His research focuses mainly on aggression and violence, and their relationship to stress factors and support systems; victimology; and decision-making in the criminal justice system. He has published extensively on these and other topics in edited books and professional journals, among them Aggressive Behavior, Criminology, British Journal of Criminology, Journal of Quantitative Criminology, Justice Quarterly, Homicide Studies, Israel Law Review, Social Indicators Research.
Landau is currently involved in a NIMH project conducted by a US, Israeli and Palestinian research team, investigating the effects of persistent and extreme exposure to political conflict and violence on Israeli and Palestinian children. He has recently completed a large scale project on violence against medical and non-medical personnel in emergency wards in all general hospitals in Israel. He will devote his time in the Center to the analysis of data and writing on this project. Professor Landau's office is on the 2nd floor of the Center/JSP building, tel. 642-4038, email msfredy@mscc.huji.ac.il .
Philip Lewis was a Research Fellow at All Souls College , Oxford , from 1965 to 1988, and since 1996 has been at the Centre for Socio-Legal Studies, Oxford . He has visited Berkeley on two previous occasions, and has also been a Senior Scholar at Stanford.
His research interest is in the legal profession, and with Rick Abel, of UCLA, he started the Working Group on Legal Professions, out of which came the three volumes they edited, Lawyers in Society (1988-9).
While at Berkeley he will be looking back at research projects he has previously carried out on groups of lawyers in the USA and the UK , and studying the relevance to them of some general themes in legal professions research, such as competition, expertise, ideologies, independence, trust and "communities of practice". Dr. Lewis's office is in 471 Boalt, tel. 642-8646, email philip.lewis@csls.ox.ac.uk .
Yoshinori Okada is associate professor of law, Nanzan University , Faculty of Law. He received his PhD (Law), University of Hitotsubashi ( Japan ), in 1997. He regularly lectures on criminal procedure and criminal evidence. His doctoral thesis was a comparative study of the right to counsel and criminal defense systems among the US , UK and Japan . A book based on his dissertation was published in Japan in 2001.
During his year at the Center, Professor Okada will conduct research on pre-trial criminal procedure and the empirical study of lay participation in criminal trial at CSLS. His other interests are evidence and empirical science, and the role and ethics of the criminal defense lawyer. He is the recipient of a grant from the program for promoting internationalization in university education from the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in 2005. He will conduct research on the theory, legal education and lay participation in criminal procedure. Professor Okawa's office is in 470 Boalt, tel. 642-0437, email Etsutenokada@aol.com .
Joe Rollins is associate professor of political science at Queens College , CUNY, where he teaches courses on American Government, Public Policy, and Politics and Sexuality. He completed a B.A. in political science at Hunter College in New York City and a Ph.D. in political science at the University of California , Santa Barbara . Professor Rollins' research explores the nexus of law, politics, and sexuality, employing both quantitative and qualitative methodologies. His first book, AIDS and the Sexuality of Law: Ironic Jurisprudence (Palgrave/Macmillan 2004), examined the narratives and rhetoric through which judges made sense of AIDS-related litigation. He has published articles in Law & Society Review, Social Politics, Radical Statistics, and several edited volumes. While in residence at the Center for the Study of Law and Society Joe will be working on a project entitled "The Language of Love." A recipient of the Wayne F. Placek Award, Prof. Rollins will devote his time at the Center to a comprehensive analysis of legal, legislative, and media materials produced in the ongoing national debate about marriage, particularly same-sex unions. Professor Rollins will present a talk in the Center's Bag Lunch Speaker Series on March 13th, 2006. Professor Rollins' office is in 473 Boalt, tel. 643-6582, email joerollins@nyc.rr.com .
Rebecca L. Sandefur has been assistant professor of sociology at Stanford University since receiving her PhD in sociology from the University of Chicago in 2001. Her work is at the intersection of the sociology of law and the study of inequality. During her year at the Center, Professor Sandefur will be at work on two projects, a small one on professional inequality and a larger project on social class and civil justice.
The first project grows out of her work, with the Chicago Lawyers Project, on inequality within the American legal profession. Beginning in the early 1970s, wage inequality in many occupations, including professions such as law, began to increase. Her new project on professional inequality investigates the sources of rising inequality in professionals' wages, looking especially at the role of the legal regulation of professional services markets (e.g., non-competition clauses, prohibitions on advertising) and demographic change, particularly change in the age and gender composition of professional occupations.
Her second project examines the role of the civil justice system in social class stratification. When experiencing most kinds of justiciable events -- events that fall within the purview of civil law, but that people may never think of as legal, or even as problematic at all -- poor and working class households are less likely than middle and upper-middle class households to use the civil justice system. The most common responses of middle and upper-middle class households involve the legal system in some way, while the most common response of poor and working class households is to take no action at all. Sandefur seeks not only to contribute to long-standing debates about why social class affects how people respond to commonly experienced, potentially highly consequential problems, but to understand the consequences of those responses for the people that pursue them. Professor Sandefur will present a talk in the Center's Bag Lunch Speaker Series on January 24th, 2006. Professor Sandefur's office is on the 2nd floor of the Center/JSP building, tel. 642-4038, email sandefur@stanford.edu .
Jean Stefancic is Research Professor of Law & Derrick Bell Scholar at the University of Pittsburgh , where she teaches courses on race and civil rights.
Her book, No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda (Temple University Press, 1996), won critical praise in the nonlegal as well as legal community. A second book, co-authored with her husband Richard Delgado , Critical White Studies: Looking Behind the Mirror (Temple University Press, 1997), won a Gustavus Myers award for outstanding book on human rights in North America in 1998.
Her recent publications include How Lawyers Lose Their Way (Duke University Press, 2005) and The Derrick Bell Reader (NYU Press, 2005). She and her husband Richard Delgado co-edit the book series "Critical America" for NYU Press and "Everyday Law" for ParadigmPublishers. Stefancic returns to the Center for a second visit to work on a book on postcolonial theory and Latinos, and edit a new edition of a casebook on comparative civil rights. Professor Stefancic's office is in 471A Boalt, tel. 643-9286, stefancic@law.pitt.edu .
Center for the Study of Law and Society
Visiting Scholars Fall 2005
Susan Bandes is Distinguished Research Professor at DePaul University College of Law in Chicago , where she has taught since 1984, concentrating on federal jurisdiction, criminal procedure, civil rights and law and literature. After receiving her J.D. from the University of Michigan Law School in 1976, she began her legal career at the Illinois Office of the State Appellate Defender. In 1980, she became staff counsel for the Illinois A.C.L.U., where she litigated a broad spectrum of civil rights cases. She has written and presented widely on issues of governmental accountability and access to the courts. Her articles on these topics include, among others, The Idea of a Case, (Stanford Law Review 1990); The Negative Constitution: A Critique, (Michigan Law Review 1990), Reinventing Bivens : the Self-Executing Constitution, (Southern California Law Review 1995); Patterns of Injustice: Police Brutality in the Courts, (Buffalo Law Review 1999) and Erie and the History of the One True Federalism (Yale Law Journal 2001).
More recently, beginning with her article Empathy, Narrative, and Victim Impact Statements, (University of Chicago Law Review 1996), she has been exploring the implications of emotion theory for legal jurisprudence and practice. Her first book on the topic, entitled The Passions of Law , was published by the NYU Press in January 2000, and released in paperback in 2001. She is currently writing a book on the role of emotion in death penalty cases, tentatively entitled Repellent Crimes and the Limits of Justice . She has been active in pro bono activities relating to law reform, most recently acting as co-reporter for the Constitution Project's bipartisan Death Penalty Initiative, which produced the report "Mandatory Justice: Eighteen Reforms to the Death Penalty," and serving on the advisory board to the Chicago Council of Lawyers' Appleseed Fund for Justice in its study of the criminal justice system in Cook County, IL.
Professor Bandes will be here for the fall semester only. She will present a talk in the Center's Bag Lunch Speaker Series on November 22 nd on her work on the role of emotion in death penalty cases. Her office is in the Center/JSP building (Edelman's office), tel. 642-4038, email sbandes@depaul.edu .
Mayumi Ikawa is a practicing lawyer in Japan . She was selected by the Japanese Federation of Bar Associations (JFBA) under our agreement by which the Center for the Study of Law and Society hosts one visiting scholar annually sponsored by the JFBA, who practices criminal or juvenile defense or public interest law in Japan.
Ms. Ikawa received the law degree from Keio University in 1998, and graduated from the Legal Research and Training Institute of Japan in 2000. Since being admitted to the Bar in 2000, as a member of the Anti-Racketeering Special Committee of the Tokyo Bar Association, she has worked on many crime-organization problems: corporate racketeering, loan-sharking, Kabuki-cho problems (Kabuki-cho is a famous town where many Yakuza offices are located), etc. She has also advised Japanese companies regarding corporate social responsibility and corporate ethics.
During her stay at the Center, Ms. Ikawa will study methods of coping with crime organizations. She is especially interested in how the United States has coped with the Mafia and assisted victims of organized crime. In addition to crime-organization problems, she hopes to carry out research in the area of corporate social responsibility. Ms. Ikawa's office is in 471 Boalt, tel. 642-8646, email ikawa@berkeley.edu .
Akiko Ito is Focal Point on Disability of the United Nations, responsible for the programme of the United Nations to promote the human rights of persons with disabilities through law, policies and development cooperation. The programme is currently the Secretariat for the Ad Hoc Committee on an international convention on the rights and dignity of persons with disabilities, the first-ever international process for elaboration of a human rights convention on disability. She has been charged with the disability programme at the United Nations since 1994. Previous to her current position, Ms. Ito worked as Legal Affairs Officer in the Legal Affairs Section of the United Nations Drug Control Programme in Vienna, Austria from 1990-1994.
Ms. Ito's main subject is international human rights law and the area of interest is domestic application of international law, with a focus on the rights of minorities and other disadvantaged groups.
Ms. Ito has an LL.B. in International Legal Studies from Sophia University , Tokyo , Japan, an M.A. in International Relations from the University of Chicago , and an LL.M. from Boalt Hall School of Law at University of California at Berkeley.
She is currently conducting a research project on the human rights of persons with disabilities and development at the CSLS as part of the United Nations Sabbatical Leave Programme, the official programme for staff members of the United Nations to engage in research and networking activities at leading academic institutions worldwide. Her research here will focus on how law and policy-international, regional and domestic- could impact on implementation of the human rights of persons with disabilities in developing countries. Ms. Ito will be here for the fall semester only. Her office is in 471A Boalt, tel. 643-9286, email akikoitoun@yahoo.com .
Stanley Lubman has specialized on China as a scholar and as a practicing lawyer for over thirty years. He has taught on Chinese law, and is currently a Lecturer at the School of Law at the University of California (Berkeley). He has previously taught at Stanford, Columbia, Harvard, the University of Heidelberg and the School of Oriental and African Studies of the University of London, as well as Berkeley. He has been advising clients on the People's Republic of China since 1972 on a wide range of matters and has also been active in representing clients in disputes arbitrated by the China International Economic and Trade Arbitration Commission in Beijing. From 1978 to 1997 he headed the China practices at two major San Francisco law firms and a large English firm of solicitors. He was trained as a China specialist in the United States and in Hong Kong for four years (1963-67) under grants from the Rockefeller Foundation, Columbia University and the Foreign Area Fellowship Program. He has an A.B. degree with honors in history from Columbia College and LL.B., LL.M. and J.S.D. degrees from the Columbia Law School, and also studied at the Faculty of Law and the Institute of Comparative Law of the University of Paris. His writings on Chinese law and related subjects have been widely published, including China's Legal Reforms (Stanley Lubman, ed.), Oxford University Press, 1996 and Bird in a Cage: Legal Reform in China after Mao, Stanford University Press, 2000. He is advisor on China legal projects to The Asia Foundation, and is chair of a committee established by the Foundation to consult with legislative drafters of the National People's Congress Committee on Legislative Affairs on reform of Chinese administrative law. Most recently, in this capacity he organized and was co-chair of a conference in San Francisco in December, 2003 at which a group of American experts on administrative law reviewed a draft administrative procedure law for China together with the Chinese drafters. In September 2002, he co-organized a Conference on Law and Society in China, co-sponsored by the Center, by Boalt, and by the Institute of East Asian Studies, at which a group of scholars who have engaged in field research on Chinese law presented some of their current research. The conference resulted in a volume, Engaging the Law in China: State, Society and the Possibilities for Justice, which will be published by the Stanford University Press early in 2005. Stanley’s office will be in Boalt Room 470, 642-0437, slubman@pacbell.net.
Yoshinori Okada is associate professor of law, Nanzan University , Faculty of Law. He received his PhD (Law), University of Hitotsubashi ( Japan ), in 1997. He regularly lectures on criminal procedure and criminal evidence. His doctoral thesis was a comparative study of the right to counsel and criminal defense systems among the US , UK and Japan . A book based on his dissertation was published in Japan in 2001.
During his year at the Center, Professor Okada will conduct research on pre-trial criminal procedure and the empirical study of lay participation in criminal trial at CSLS. His other interests are evidence and empirical science, and the role and ethics of the criminal defense lawyer. He is the recipient of a grant from the program for promoting internationalization in university education from the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in 2005. He will conduct research on the theory, legal education and lay participation in criminal procedure. Professor Okawa's office is in 470 Boalt, tel. 642-0437, email Etsutenokada@aol.com .
Joe Rollins is associate professor of political science at Queens College , CUNY, where he teaches courses on American Government, Public Policy, and Politics and Sexuality. He completed a B.A. in political science at Hunter College in New York City and a Ph.D. in political science at the University of California , Santa Barbara .
Professor Rollins' research explores the nexus of law, politics, and sexuality, employing both quantitative and qualitative methodologies. His first book, AIDS and the Sexuality of Law: Ironic Jurisprudence (Palgrave/Macmillan 2004), examined the narratives and rhetoric through which judges made sense of AIDS-related litigation. He has published articles in Law & Society Review, Social Politics, Radical Statistics, and several edited volumes.
While in residence at the Center for the Study of Law and Society Joe will be working on a project entitled "The Language of Love." A recipient of the Wayne F. Placek Award, Prof. Rollins will devote his time at the Center to a comprehensive analysis of legal, legislative, and media materials produced in the ongoing national debate about marriage, particularly same-sex unions. Professor Rollins' office is in 473 Boalt, tel. 643-6582, email joerollins@nyc.rr.com .
Rebecca L. Sandefur has been assistant professor of sociology at Stanford University since receiving her PhD in sociology from the University of Chicago in 2001. Her work is at the intersection of the sociology of law and the study of inequality. During her year at the Center, Professor Sandefur will be at work on two projects, a small one on professional inequality and a larger project on social class and civil justice.
The first project grows out of her work, with the Chicago Lawyers Project, on inequality within the American legal profession. Beginning in the early 1970s, wage inequality in many occupations, including professions such as law, began to increase. Her new project on professional inequality investigates the sources of rising inequality in professionals' wages, looking especially at the role of the legal regulation of professional services markets (e.g., non-competition clauses, prohibitions on advertising) and demographic change, particularly change in the age and gender composition of professional occupations.
Her second project examines the role of the civil justice system in social class stratification. When experiencing most kinds of justiciable events -- events that fall within the purview of civil law, but that people may never think of as legal, or even as problematic at all -- poor and working class households are less likely than middle and upper-middle class households to use the civil justice system. The most common responses of middle and upper-middle class households involve the legal system in some way, while the most common response of poor and working class households is to take no action at all. Sandefur seeks not only to contribute to long-standing debates about why social class affects how people respond to commonly experienced, potentially highly consequential problems, but to understand the consequences of those responses for the people that pursue them. Professor Sandefur's office is on the 2 nd floor of the Center/JSP building, tel. 642-4038, email sandefur@stanford.edu .
Claire Valier is a lecturer in the School of Law at Birkbeck, University of London , England . She is a graduate of Queens' College, Cambridge , where she was a Munro Scholar. Her research lies in the area of legal philosophy, particularly issues around the attribution of criminal liability, and the justification of punishment. She has published two books and numerous articles, for instance in the Criminal Law Review , Punishment & Society , Critical Review of International Social and Political Philosophy , and was recently awarded the Radzinowicz Memorial Prize in recognition of her research. She is founding co-editor of a new international peer-reviewed journal, Criminal Law and Philosophy , to be published by Springer.
Currently she is writing a book that asks some questions about the legitimate personal interest of the victim of crime in the procedures and outcomes of the criminal justice process. While at Berkeley , Valier will be working on two papers: Complicity and the Bystander to Crime, and Compensation to the Victim of Crime. The former is a contribution to the debate on complicity and causation and the latter to the debate around the tort-crime distinction and its underlying political philosophy.
Professor Valier will be at the Center for the month of September only. She will present a talk in the Center's Bag Lunch Speaker Series on September 12 th on her work on Complicity and the Bystander to Crime. Her office is in 470 Boalt, tel. 642-0437, email C.Valier@bbk.ac.uk .
Center for the Study of Law and Society
Visiting Scholars Spring 2005
Sarah Armstrong is a lecturer in criminology at the School of Law , Edinburgh University. Her research is defined by an interest in the social and organizational features of contemporary punishment. She is completing a project that explores the involvement of nonprofit organizations in juvenile justice programs. This work has moved through analysis of the concept and reality of community in treatment, the relationship of mental health and penal systems, and the impact of using contracts to manage and deliver punishment, and the consequences of this for accountability. She will be starting work on the interactive effects of law, probability and risk in penal justice. Part of this entails research into the migration of the precautionary principle from environmental science to criminal justice, and is part of a UK government grant-funded project about transdisciplinary approaches to risk and law. She is co-editing a book (with Lesley McAra) entitled, Perspectives on Punishment: The Contours of Control, to be published later this year ( Oxford University Press).
Kirsten Campbell is a lecturer in the Department of Sociology, Goldsmiths College, University of London, where she teaches sociology of law and social theory. She is also the Director of Research in the Law, Justice, and Social Change Research Unit.
Kirsten received her doctorate from the University of Oxford in 1999. She has undergraduate degrees in law and political science from the University of Melbourne, and postgraduate degrees in sociology and social theory from the University of Melbourne and Macquarie University. Kirsten is also a Barrister and Solicitor of the Supreme Court of Victoria, Australia, and has practised commercial litigation in Australia.
Kirsten's current research develops a new social theory to explain and judge war crimes, ultimately arguing for the necessity of humanitarian law as the normative rearticulation of social bonds. This research examines the fundamental concepts of the person and social relations that underpin contemporary humanitarian law, focusing upon the jurisprudence of the International Criminal Tribunal for the former Yugoslavia. This work expands on Kirsten's interest in justice and social relations explored in her book, Jacques Lacan and Feminist Epistemology, ( Routledge, 2004), which was recently nominated for the British Sociological Association's Philip Abrams Memorial Prize. Her research has been published in various edited collections and journals, such as Economy and Society , Hypatia, Journal of Human Rights, Signs, and Social and Legal Studies . She also co-edited the recent special issue of Social and Legal Studies on the theme of transitional justice.
Kirsten will present a talk in the Bag Lunch Series entitled '"Discovering the truth is a cornerstone of the rule of law and a fundamental step on the way to reconciliation . . .": Models of Justice in the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia' on Monday April 4.
Lindsay Farmer is professor of law at the University of Glasgow . His research is in the areas of criminal law, legal history and legal theory. He is currently working on two separate, but related, projects. The first is a historical study of the development of the criminal trial in the late nineteenth century, looking particularly at the impact of changes in policing, the law of evidence and criminal procedure on conceptions of criminal responsibility. The second project is a normative investigation of the criminal trial. A collection of essays from this project, entitled The Trial on Trial: Truth and Due Process , was published earlier this year by Hart Publishing. He previously visited the Center in 1998 and 2003.
Motoaki Funakoshi is an assistant professor of law at Kyoto University specializing in the sociology of law. His previous research has focused on legal theory and he has published several articles using a critical legal analysis of contract law doctrine. While at the Center, he hopes to develop a focus on the empirical analysis of law. Professor Funakoshi has an LLM degree from Harvard University and he is the recipient of a scholarship from the Kyoto University Foundation to spend 2004-05 studying at the Center.
Steven A. Gerencser is an Associate Professor of Political Science at Indiana University South Bend. He received his Ph.D. from the University of Minnesota in 1996 where he specialized in political theory. He has published several essays on the 20th century English philospher Michael J. Oakeshott, and also a book titled The Skeptic's Oakeshott (Palgrave 2000). Gerencser comes to the Center to begin a new research program located at the intersection of jurisprudence and political theory. While at the Center he will focus on the corporate form, specifically the status of the corporation as a person, for contemporary democratic theory and practice.
Tomoki Ikenaga is a practicing lawyer in Japan. He was selected by the Japanese Federation of Bar Associations in our arrangement under which the Center for the Study of Law and Society hosts an annual visit from a Japanese defense lawyer or public interest lawyer. Mr. Ikenaga received the law degree at Waseda University in 1991 and graduated from the Legal Research and Training Institute of Japan in 1997. Since being admitted to the Bar in 1997, he has practiced in the areas of juvenile and criminal law as a defense lawyer, and family and child abuse law to suspend or terminate the relationship between children and their parents. While at the Center, he will continue his research in these areas, and also in the area of international development and international law, including legal assistance to post-conflicted or developing countries.
Hila Keren has returned for a second year as a visiting scholar at the Center. She is a lecturer and researcher at the School of Law of the Hebrew University (Jerusalem, Israel). Her fields of interest are contract law and feminist jurisprudence. Hila’s doctoral thesis, a feminist analysis of Israeli contract law, was published this year as a book entitled Contract Law from a Feminist Perspective.
Besides teaching the required Contract Law course at her law school, Dr. Keren also adapted her doctoral thesis to an elective course where she used experimental feminist methods of teaching tailored especially to create a different learning experience.
During her first year at the Center Hila completed an article which focuses on a new-historicist and feminist analysis of the parol evidence rule and challenges the traditional approach to contractual interpretation. The article is forthcoming in 13 Am. U. J. Gender, Soc. Pol'y & L. (2005).
Hila is also a practicing lawyer; her practice is primarily dedicated to issues of discrimination and human rights. Her recent achievements include a landmark Supreme Court decision in the matter of discriminatory government funding of educational organizations as well as a landmark Supreme Court decision (by a panel of 11 judges) regarding freedom of religion, which ordered the Ministry of the Interior in Israel to register as Jews non-Orthodox conversions to Judaism. Such legal activity is part of Hila’s belief in the strong connection between law and social change. Hila will be presenting a talk in our Bag Lunch Speaker Series on October 18, entitled: "Textual Harassment: A New Historicist Reappraisal to the Parol Evidence Rule on its Four Hundreth Annivesary."
Richard A. Leo received is Ph.D (Jurisprudence and Social Policy) and J.D. from the University of California, Berkeley in 1994. He is an Associate Professor of Criminology, Law and Society, and Psychology and Social Behavior at the University of California, Irvine and a fellow at the Earl Warren Legal Institute at U.C. Berkeley. In 2003-2004, he was a Visiting Scholar at the Center for the Study of Law and Society. He has conducted extensive research and written numerous articles on police interrogation practices, Miranda requirements, false confessions and miscarriages of justice. He is currently working on a book on these subjects – which is tentatively titled Police Interrogation and American Justice -- for Harvard University Press. He regularly lectures about these topics to police, prosecutors, criminal defense attorneys, and judges, and he is frequently contacted about his research by the electronic and print media. He has consulted on numerous criminal and civil cases, and has testified as an expert witness in state, federal and military courts across the country. He is the recipient of The Ruth Shonle Cavan Young Scholar Award from the American Society of Criminology and The Saleem Shah Career Achievement Award from the American Psychological Association and the American Academy of Forensic Psychology. He recently received a Senior Justice Fellowship (2004-2005) from the Open Society Institute of the Soros Foundations Network to complete a book (with Dr. Tom Wells) on a multiple false confession, multiple wrongful conviction rape-murder case in Norfolk, Virginia.
Stanley Lubman has specialized on China as a scholar and as a practicing lawyer for over thirty years. He has taught on Chinese law, and is currently a Lecturer at the School of Law at the University of California (Berkeley). He has previously taught at Stanford, Columbia, Harvard, the University of Heidelberg and the School of Oriental and African Studies of the University of London, as well as Berkeley. He has been advising clients on the People's Republic of China since 1972 on a wide range of matters and has also been active in representing clients in disputes arbitrated by the China International Economic and Trade Arbitration Commission in Beijing. From 1978 to 1997 he headed the China practices at two major San Francisco law firms and a large English firm of solicitors. He was trained as a China specialist in the United States and in Hong Kong for four years (1963-67) under grants from the Rockefeller Foundation, Columbia University and the Foreign Area Fellowship Program. He has an A.B. degree with honors in history from Columbia College and LL.B., LL.M. and J.S.D. degrees from the Columbia Law School, and also studied at the Faculty of Law and the Institute of Comparative Law of the University of Paris. His writings on Chinese law and related subjects have been widely published, including China's Legal Reforms (Stanley Lubman, ed.), Oxford University Press, 1996 and Bird in a Cage: Legal Reform in China after Mao, Stanford University Press, 2000. He is advisor on China legal projects to The Asia Foundation, and is chair of a committee established by the Foundation to consult with legislative drafters of the National People's Congress Committee on Legislative Affairs on reform of Chinese administrative law. Most recently, in this capacity he organized and was co-chair of a conference in San Francisco in December, 2003 at which a group of American experts on administrative law reviewed a draft administrative procedure law for China together with the Chinese drafters. In September 2002, he co-organized a Conference on Law and Society in China, co-sponsored by the Center, by Boalt, and by the Institute of East Asian Studies, at which a group of scholars who have engaged in field research on Chinese law presented some of their current research. The conference resulted in a volume, Engaging the Law in China: State, Society and the Possibilities for Justice, which will be published by the Stanford University Press early in 2005. He will be presenting a talk in the Bag Lunch Speaker Series on Nov. 22 entitled “Law Reform in China: Progress and Problems.”
Mona Lynch is an Associate Professor in the Justice Studies Department at San Jose State University, where she teaches courses on courts, punishment, research methods, and the death penalty. Prior to that, she was an assistant professor in the School of Justice Studies at Arizona State University. She received a B.A., M.S., and Ph.D. from University of California, Santa Cruz in Social Psychology and an M.A. from Stanford University in Communication. Her research falls into two distinct but related categories. First, she has collaborated with Craig Haney on a line of experimental research that examines the social and psychological dynamics of capital jury decision-making as it is shaped by contemporary forms of racism. Her second line of research examines penal/legal discourse and practices in a number of settings, especially focusing on the social and cultural dynamics of contemporary punishment. Much of this work seeks to empirically examine the extent to which prevailing theories of state punishment explain current penal and legal practices.
While visiting at the Center, Professor Lynch will work on writing a book length manuscript, tentatively entitled "The making of a post-rehabilitative penal regime: A case study of Arizona 1960-present." This project examines the rapid and somewhat dramatic development of Arizona’s correctional system, as it is imbedded in the recent social, cultural, and political history of the state. The study is also grounded in a broader research question that asks: What happens when a state penal system has in essence been born in the post-rehabilitative age of penal crisis? The overriding goal of this project is to try to tease out the relative influences that shaped the way this penal system has developed in an era of broader penal transformation: To what extent and in what ways did local culture, norms, and historical precedents influence the particular penal style and approach they have taken? How influential was the larger paradigm shift in penality in terms of how this department decided to approach the correctional task? Mona will present a talk in our Bag Lunch Series on this project on Nov. 15.
Jonathan Marshall studies the roles of legal professionals, litigants, and legal structures in making politics and public policy in Japan and cross-nationally. He received a Ph.D. in Political Science from UC Berkeley in 2003 and was an Advanced Research Fellow at the Program on US-Japan Relations at Harvard in 2003-2004. His dissertation, "Leveraging Accountability: How Freedom of Information Brought Courts into Governance in Japan" examined the role of legal scholars and litigants in shaping the rules intended to make the state legible to the governed, including administrative procedure, administrative procedure, and spending oversight laws.
Sean Pager is a legal scholar who works in international & comparative constitutional law, focusing on the construction of legal identity, for example, by race or gender. A 1998 graduate of Boalt Hall, he earned an LL.M. in Comparative International Law from the European University Institute in Italy, while studying on a Fulbright Fellowship from 2001-2002. He spent last year as a visiting professor at University of San Francisco, teaching in their international curriculum. Prior to his LL.M studies, he clerked for the Hon. James Browning on the Ninth Circuit, U.S. Court of Appeals, and practiced litigation at Howard Rice in San Francisco. He is currently studying the logic of affirmative action categories in the United States and India.
Brad R. Roth is an Associate Professor of Political Science and Law at Wayne State University. His scholarly work applies legal and political theory to problems in international and comparative public law. He earned his Ph.D. from the UCB Jurisprudence and Social Policy Program in December 1996; a modified version of his dissertation was published as Governmental Illegitimacy in International Law (Oxford University Press, 1999), and won the 1999 Certificate of Merit from the American Society of International Law as "best work in a specialized area." More recent articles and book chapters have focused on topics such as pro-democratic and humanitarian intervention, international criminal justice, and socialist and feminist approaches to human rights. He is currently working on a book that will explore moral, political, and legal aspects of the relationship between state sovereignty and international law. Brad will be visiting from Jan. 24 to March 6.
Tina Stevens holds a PhD from UC Berkeley in US History and a masters degree in Jurisprudence and Social Policy with a focus on law and medicine. She lectures in US history at San Francisco State University and has taught courses in Bioethics and Society and UC Berkeley. Her publications, including her book, Bioethics in America: Origins and Cultural Politics (Johns Hopkins University Press, 2000), trace the rise of bioethics as a postwar social institution. Her current research focuses on two legal developments that helped give rise to the biotech industry: the Bayh-Dole Act, which allowed universities and non-profit organizations to patent the results of federally funded biotechnological research, and the US Supreme Court case, Diamond vs. Chakrabarty, which permitted the patenting of “human-made” organisms by deeming such organisms to be, merely, “compositions of matter.” While visiting at the Center, she also hopes to analyze and write on the social implications and historical roots of California’s Proposition 71, the November 2004 initiative that seeks $3 billion to publicly finance stem cell research.
Hiroyuki Tanaka is a practicing attorney in Japan. He served as a public prosecutor in District Public Prosecutors Office in Japan, and currently works as an attorney in Criminal Affairs Bureau, Ministry of Justice, Japan,
Mr. Tanaka earned his LLB from the University of Tokyo in Japan and was licensed to practice law in Japan after his graduation from the Legal training and research institute of the supreme court of Japan. He also earned his LLM from the University of Virginia School of Law. His primary research interests are comparative criminal justice and evidentiary rule.
Center for the Study of Law and Society
Visiting Scholars Fall 2004
Ira Mark Ellman is a legal scholar whose principal work has been
in family law. Professor and Willard H. Pedrick Distinguished
Research Scholar at Arizona State University, he received his
law degree from Berkeley in 1973. Before law school he did graduate
work in experimental child psychology at the University of Illinois.
He was the Chief Reporter and the Justice Ammi Cutter Reporter
for the Principles of the Law of Family Dissolution, a project
of the American Law Institute completed over a ten-year period.
The 1200 page volume was published in May of 2002. The Fourth
Edition of his widely-used Family Law casebook will appear in
October of 2004. Professor Ellman’s articles have frequently
drawn upon social science research. His recent articles include
an empirical study of the effects on divorced children of their
parents’ post-divorce relocation to different cities, jointly
authored with two social psychologists, and an examination of
the economic analysis employed by the consultants who advise
most states in the periodic revisions of their child support
guidelines. The relocation study drew considerable attention
in the press both here and abroad, and a preliminary report on
the child support study prompted the creation of a special committee
in Arizona to reconsider that state’s approach to its child
support guidelines. Professor Ellman’s current projects
include an empirical study with a social psychologist into the
fairness principles that people implicitly employ in making judgments
about the appropriate level of child support payments, and a
book for Oxford University Press that examines the reasons why
the creation of appropriate family law rules poses special challenges
for policymakers.
Professor Ellman clerked for Justice William O. Douglas of the
United States Supreme Court, was a legislative aide to Senator
Adlai Stevenson III, practiced law in San Francisco, and drafted
a nonprofit corporations code for the for the state of California.
He was a founding member of the Bioethics Committee of the Good
Samaritan Medical Center in Phoenix, and has also published in
bioethics and health care law.
Ira will be
presenting a talk in our Bag Lunch Speaker Series on Sept. 20
entitled “Fudging Failure: The Economic Analysis
Used to Construct Child Support Guidelines.”
Motoaki Funakoshi is an assistant professor
of law at Kyoto University specializing in the sociology of law.
His previous research has
focused on legal theory and he has published several articles
using a critical legal analysis of contract law doctrine.
While at the Center, he hopes to develop a focus on the empirical
analysis of law. Professor Funakoshi has an LLM degree from Harvard
University and he is the recipient of a scholarship from the
Kyoto University Foundation to spend 2004-05 studying
at the Center.
Steven A. Gerencser is an Associate Professor of Political Science
at Indiana University South Bend. He received his Ph.D. from
the University of Minnesota in 1996 where he specialized in political
theory. He has published several essays on the 20th century English
philospher Michael J. Oakeshott, and also a book titled The Skeptic's
Oakeshott (Palgrave 2000). Gerencser comes to the Center to begin
a new research program located at the intersection of jurisprudence
and political theory. While at the Center he will focus on the
corporate form, specifically the status of the corporation as
a person, for contemporary democratic theory and practice.
Mari Hirayama is a doctoral student of law at Kwansei Gakuin University
Graduate School of Law in Japan. In 2002-03 she was in the LLM.
Program at the University of Minnesota Law School as a Fulbright
Scholarship. Her major areas are Criminal Law, Juvenile Law and
Criminology, with a special focus on Restorative Justice. Mari
was a visiting scholar at the Center in 2003-04 and will be with
us until mid-September 2004.
Tomoki Ikenaga is a practicing lawyer in Japan. He was selected
by the Japanese Federation of Bar Associations in our arrangement
under which the Center for the Study of Law and Society hosts
an annual visit from a Japanese defense lawyer or public interest
lawyer. Mr. Ikenaga received the law degree at Waseda University
in 1991 and graduated from the Legal Research and Training Institute
of Japan in 1997. Since being admitted to the Bar in 1997, he
has practiced in the areas of juvenile and criminal law as a
defense lawyer, and family and child abuse law to suspend or
terminate the relationship between children and their parents.
While at the Center, he will continue his research in these areas,
and also in the area of international development and international
law, including legal assistance to post-conflicted or developing
countries.
Jean-Noel Jouzel is a doctoral student in political science at
the Institut d'Etudes Politiques of Grenoble, under the supervision
of Pierre Lascoumes, a former CSLS visiting scholar. Jean-Noel
studied sociology in the Ecole Normale Superieure of Cachan,
and completed a master degree of political science in Sciences-Po,
Paris. He teaches courses in sociology to undergraduates in Grenoble.
Jean-Noel will be at the Center through October 2004. During this
period he will conduct interviews as part of the fieldwork for
his dissertation, which entails a comparison between the ways the
controversies raised by the industrial use of toxic chemicals are
tackled in France and in California. His approach stands at the
crossroad of social study of science and public policy analysis.
Hila Keren has returned for a second year as a visiting scholar
at the Center. She is a lecturer and researcher at the School
of Law of the Hebrew University (Jerusalem, Israel). Her fields
of interest are contract law and feminist jurisprudence. Hila’s
doctoral thesis, a feminist analysis of Israeli contract law,
was published this year as a book entitled Contract Law from
a Feminist Perspective.
Besides teaching the required Contract Law course at her law school,
Dr. Keren also adapted her doctoral thesis to an elective course
where she used experimental feminist methods of teaching tailored
especially to create a different learning experience.
Last year Hila
participated in the 6th Annual Conference of Law, Culture and
the Humanities in New York, where she presented a paper
entitled “Beyond the Text: a Feminist Challenge to Contract
Interpretation”. During her first year at the Center she
developed this work into a paper currently under submission.
Hila
is also a practicing lawyer; her practice is primarily dedicated
to issues
of discrimination and human rights. Her recent achievements
include a landmark Supreme Court decision in the matter of discriminatory
government funding of educational organizations as well as a landmark
Supreme Court decision (by a panel of 11 judges) regarding freedom
of religion, which ordered the Ministry of the Interior in Israel
to register as Jews non-Orthodox conversions to Judaism. Such legal
activity is part of Hila’s belief in the strong connection
between law and social change. Hila
will be presenting a talk in our Bag Lunch Speaker Series on
October
18, entitled: "Textual Harassment: A New Historicist Reappraisal
to the Parol Evidence Rule on its Four Hundreth Annivesary."
Richard A. Leo received is Ph.D (Jurisprudence and Social Policy)
and J.D. from the University of California, Berkeley in 1994.
He is an Associate Professor of Criminology, Law and Society,
and Psychology and Social Behavior at the University of California,
Irvine and a fellow at the Earl Warren Legal Institute at U.C.
Berkeley. In 2003-2004, he was a Visiting Scholar at the Center
for the Study of Law and Society. He has conducted extensive
research and written numerous articles on police interrogation
practices, Miranda requirements, false confessions and miscarriages
of justice. He is currently working on a book on these subjects – which
is tentatively titled Police Interrogation and American Justice
-- for Harvard University Press. He regularly lectures about
these topics to police, prosecutors, criminal defense attorneys,
and judges, and he is frequently contacted about his research
by the electronic and print media. He has consulted on numerous
criminal and civil cases, and has testified as an expert witness
in state, federal and military courts across the country. He
is the recipient of The Ruth Shonle Cavan Young Scholar Award
from the American Society of Criminology and The Saleem Shah
Career Achievement Award from the American Psychological Association
and the American Academy of Forensic Psychology. He recently
received a Senior Justice Fellowship (2004-2005) from the Open
Society Institute of the Soros Foundations Network to complete
a book (with Dr. Tom Wells) on a multiple false confession, multiple
wrongful conviction rape-murder case in Norfolk, Virginia.
Stanley
Lubman has specialized on China as a scholar and as a practicing lawyer
for over thirty years. He has taught on Chinese
law, and is currently a Lecturer at the School of Law at the University
of California (Berkeley). He has previously taught at Stanford,
Columbia, Harvard, the University of Heidelberg and the School
of Oriental and African Studies of the University of London, as
well as Berkeley. He has been advising clients on the People's
Republic of China since 1972 on a wide range of matters and has
also been active in representing clients in disputes arbitrated
by the China International Economic and Trade Arbitration Commission
in Beijing. From 1978 to 1997 he headed the China practices at
two major San Francisco law firms and a large English firm of solicitors.
He was trained as a China specialist in the United States and in
Hong Kong for four years (1963-67) under grants from the Rockefeller
Foundation, Columbia University and the Foreign Area Fellowship
Program. He has an A.B. degree with honors in history from Columbia
College and LL.B., LL.M. and J.S.D. degrees from the Columbia Law
School, and also studied at the Faculty of Law and the Institute
of Comparative Law of the University of Paris. His writings on
Chinese law and related subjects have been widely published, including
China's Legal Reforms (Stanley Lubman, ed.), Oxford University
Press, 1996 and Bird in a Cage: Legal Reform in China after Mao,
Stanford University Press, 2000. He is advisor on China legal projects
to The Asia Foundation, and is chair of a committee established
by the Foundation to consult with legislative drafters of the National
People's Congress Committee on Legislative Affairs on reform of
Chinese administrative law. Most recently, in this capacity he
organized and was co-chair of a conference in San Francisco in
December, 2003 at which a group of American experts on administrative
law reviewed a draft administrative procedure law for China together
with the Chinese drafters. In September 2002, he co-organized a
Conference on Law and Society in China, co-sponsored by the Center,
by Boalt, and by the Institute of East Asian Studies, at which
a group of scholars who have engaged in field research on Chinese
law presented some of their current research. The conference resulted
in a volume, Engaging the Law in China: State, Society and the
Possibilities for Justice, which will be published by the Stanford
University Press early in 2005. He will be presenting a talk in
the Bag Lunch Speaker Series on Nov. 22 entitled “Law Reform
in China: Progress and Problems.”
Mona Lynch is an Associate Professor in the Justice Studies Department
at San Jose State University, where she teaches courses on courts,
punishment, research methods, and the death penalty. Prior to
that, she was an assistant professor in the School of Justice
Studies at Arizona State University. She received a B.A., M.S.,
and Ph.D. from University of California, Santa Cruz in Social
Psychology and an M.A. from Stanford University in Communication.
Her research falls into two distinct but related categories.
First, she has collaborated with Craig Haney on a line of experimental
research that examines the social and psychological dynamics
of capital jury decision-making as it is shaped by contemporary
forms of racism. Her second line of research examines penal/legal
discourse and practices in a number of settings, especially focusing
on the social and cultural dynamics of contemporary punishment.
Much of this work seeks to empirically examine the extent to
which prevailing theories of state punishment explain current
penal and legal practices.
While visiting at the Center, Professor Lynch will work on writing
a book length manuscript, tentatively entitled "The making
of a post-rehabilitative penal regime: A case study of Arizona
1960-present." This project examines the rapid and somewhat
dramatic development of Arizona’s correctional system, as
it is imbedded in the recent social, cultural, and political history
of the state. The study is also grounded in a broader research
question that asks: What happens when a state penal system has
in essence been born in the post-rehabilitative age of penal crisis?
The overriding goal of this project is to try to tease out the
relative influences that shaped the way this penal system has developed
in an era of broader penal transformation: To what extent and in
what ways did local culture, norms, and historical precedents influence
the particular penal style and approach they have taken? How influential
was the larger paradigm shift in penality in terms of how this
department decided to approach the correctional task? Mona will
present a talk in our Bag Lunch Series on this project on Nov.
15. Mona will be here for the fall semester.
Jonathan Marshall studies the roles of legal professionals, litigants,
and legal structures in making politics and public policy in
Japan and cross-nationally. He received a Ph.D. in Political
Science from UC Berkeley in 2003 and was an Advanced Research
Fellow at the Program on US-Japan Relations at Harvard in 2003-2004.
His dissertation, "Leveraging Accountability: How Freedom of Information Brought Courts
into Governance in Japan" examined the role of legal scholars
and litigants in shaping the rules intended to make the state legible
to the governed, including administrative procedure, administrative
procedure, and spending oversight laws.
Margarita Martinez-Escamilla is Professor in the Department of
Criminal Law of the Universidad Complutense de Madrid (Spain).
Her research focuses on three areas of criminal law, criminal
justice, and criminology: some problems concerning the domains
of actus reus and mens rea; the Spanish correctional system;
and poverty as the motive for crime commission and how this circumstance
should affect criminal responsibility. Her research has led to
the publication of four books and many articles.
Profesor Martinez-Escamilla
has been awarded several Spanish and foreign scholarships, including
a three-year scholarship from the
German Government to conduct her doctoral research at the Universität
München (Germany)
In addition to teaching Criminal Law, Martinez-Escamilla has worked
as Counsellor-at-Law for the Spanish Constitutional Court and as
Director of the Center of Legal Advice for Prison Population at
the Municipal Prison in Madrid.
During her
stay in Berkeley (May-September 2004) Margarita Martínez
is working on the US penitentiary system and on the causes of the
huge rates of imprisonment, with special focus on the criminalization
of poverty.
Sean Pager is a legal scholar who works in international & comparative
constitutional law, focusing on the construction of legal identity,
for example, by race or gender.
A 1998 graduate of Boalt Hall, he earned an LL.M. in Comparative
International Law from the European University Institute in Italy,
while studying on a Fulbright Fellowship from 2001-2002. He spent
last year as a visiting professor at University of San Francisco,
teaching in their international curriculum. Prior to his LL.M studies,
he clerked for the Hon. James Browning on the Ninth Circuit, U.S.
Court of Appeals, and practiced litigation at Howard Rice in San
Francisco. He is currently studying the logic of affirmative action
categories in the United States and India.
Tina
Stevens holds a PhD from UC Berkeley in US History and a masters degree
in Jurisprudence and Social Policy with a focus
on law and medicine. She lectures in US history at San Francisco
State University and has taught courses in Bioethics and Society
and UC Berkeley. Her publications, including her book, Bioethics
in America: Origins and Cultural Politics (Johns Hopkins University
Press, 2000), trace the rise of bioethics as a postwar social institution.
Her current research focuses on two legal developments that helped
give rise to the biotech industry: the Bayh-Dole Act, which allowed
universities and non-profit organizations to patent the results
of federally funded biotechnological research, and the US Supreme
Court case, Diamond vs. Chakrabarty, which permitted the patenting
of “human-made” organisms by deeming such organisms
to be, merely, “compositions of matter.” While visiting
at the Center, she also hopes to analyze and write on the social
implications and historical roots of California’s Proposition
71, the November 2004 initiative that seeks $3 billion to publicly
finance stem cell research.
Hiroyuki Tanaka is a practicing attorney in
Japan. He served as a public prosecutor in District Public Prosecutors
Office in
Japan, and currently works as an attorney in Criminal Affairs
Bureau, Ministry of Justice, Japan,
Mr.
Tanaka earned his LLB from the University of Tokyo in Japan and
was licensed to practice law in Japan after his graduation
from the Legal training and research institute of the supreme court
of Japan. He also earned his LLM from the University of Virginia
School of Law. His primary research interests are comparative criminal
justice and evidentiary rule.
Suzan
Verberk continues as a visiting scholar for the Fall Semester 2004. She
studied Political Science and Public Administration at
the Free University of Amsterdam, The Netherlands, and was the
recipient of the National Award of the ‘Dutch Association
for Public Administration’ for her master’s thesis
on administrative corruption, democracy and democratization. Following
her undergraduate studies she was a scientific researcher at the
department of Political Science and Public Administration of the
Free University, participating in the research program on ‘Ethics
and public behavior’. Since 1999 she has been working as
a researcher and project manager in commercial public policy research.
Her fields of expertise are administration of justice, law enforcement
and public sector ethics. During her work in the private sector
she has continued to hold close ties with the academic world.
Suzan Verberk
is continuing with her study of the projects initiated under
the California Judicial Council’s Court and Community
Collaboration Program. To promote public trust and confidence,
this program encourages courts to become more responsive to community
concerns and educate the public about the role and function of
the court system. Verberk’s research focuses on the extent
to which the program’s objectives are met and on the factors
contributing to or hampering its success. She is paying special
attention to ethical dilemmas confronting judges as a result of
increased community involvement, translating the research results
to the Dutch situation. Like in California, the Dutch judiciary
feels the need for increased responsiveness to the public. There
is much to be learned from the experiences with the Court Community
Collaboration Program - notwithstanding the many differences between
the Californian and Dutch judicial system.. The research is conducted
in collaboration with Prof. Dr. Nick Huls from the Erasmus University
Rotterdam and Leiden University in the Netherlands.
Dvora Yanow is Professor in the Department of Public Administration,
California State University, Hayward. Her research is shaped
by an overall interest in the communication of meaning in organizational
and public policy settings. She has written on public policies
as collective identity stories, the role of built space in communicating
meaning, and organizational learning from an interpretive-cultural
perspective, as well as on organizational metaphors, myths, and
culture, and interpretive philosophies and research methods.
She is the author of How does a policy mean? Interpreting policy
and organizational actions (Georgetown University Press, 1996),
Conducting interpretive policy analysis (Sage, 2000), and Constructing "race” and “ethnicity" in
America: Category-making in public policy and administration
(M. E. Sharpe, 2003, winner of the 2004 Best Book Prize from
the Section on Public Administration Research, American Society
for Public Administration), and co-editor of Knowing in Organizations:
A Practice-based Approach (with Davide Nicolini and Silvia Gherardi;
M. E. Sharpe, 2003). Interpretation and Method: Empirical research
methods and the interpretive turn will be published next year
(M E Sharpe; co-edited with Peregrine Schwartz-Shea). Her articles
have been published in such journals as Administration & Society,
Administrative Theory & Praxis, the Journal of Architectural
and Planning Research, the Journal of Management Inquiry, the
Journal of Public Administration Research and Theory, Organization,
Organization Science, Political Research Quarterly, and Policy
Sciences. She is also a Contributing Editor for the quarterly
Judaism, a pianist and violinist-fiddler, a folk dancer and singer,
and gardener. Dvora was a visiting scholar in 2003-04 and will
be here until mid-September.
Center for the Study of Law and Society
Visiting
Scholars 2003-2004
Liz
Borgwardt is Assistant Professor of History at the University
of Utah, where she has taught since 2002. Professor Borgwardt
earned her PhD in history from Stanford University, a JD
from
Harvard
Law School and an M.Phil. in International Relations and BA
in Modern History from Cambridge University (UK).She served
as a
law clerk for the Hon. Cecil F. Poole on the Ninth Circuit
Court of
Appeals in San Francisco, and practiced as a litigator and
mediator in San Francisco. She spent the academic year 2001-02
on a postdoctoral
fellowship, as a Samuel I. Golieb Fellow in Legal History at
NYU Law School.
Professor
Borgwardt specializes in the history of U.S.
foreign relations, constitutional history, the history of
international law, and historical perspectives on human rights
and globalization.
Her articles and reviews have been published in the UCLA
Law Review, the New York University Journal of International
Law & Politics,
Peace & Change, and the New York Times, with work forthcoming in
Reviews in American History and Law & Social Inquiry. She is co-author
of a textbook on international conflict published by Prentice Hall,
adopted at over 50 institutions. She is also a co-author of a handbook
on decisionmaking in international crises published by Harvard
University Press. Her new manuscript, Inventing Human Rights: The
World War II Atlantic Charter and American Multilateralism, is
based on her award-winning Stanford dissertation, completed under
the supervision of David M. Kennedy, Barton J. Bernstein, and Jack
N. Rakove in 2002.
Professor
Borgwardt's academic awards and honors include the Stanford History
Department's only dissertation award, the Elizabeth Spilman Rosenfield
Prize, the Littleton-Griswold Dissertation Research Award from the American
Historical
Association, the Stuart L. Bernath Dissertation Research Award from the
Society for Historians of American Foreign Relations, and teaching awards
from Stanford
and Harvard universities. Professor Borgwardt will be spending her academic
year at the CSLS researching her next book, on the transformation of
ideas about sovereignty
in the interwar era; revising her manuscript on World War II-era international
institutions for publication; writing commissioned reviews for Reviews
in American History and Law & Social Inquiry; and preparing three conference
papers.
Bryna
Bogoch is a Senior Lecturer at the Departments of Political
Studies and of Interdisciplinary
Social Science
Studies at Bar Ilan University. She completed her undergraduate
studies at McGill University in Montreal, Canada, where she lived
until
June 1967, and obtained
her masters and doctorate from the Hebrew University of Jerusalem.
Her main research interests have been gender and the law
and language and the law (and sometimes
both of these combined). She recently directed a large scale study
of gender bias in the courts of Israel, the results of which
were published in Bogoch B.
and Don-Yechiye, R. The Gender of Justice: Bias against Women in
Israeli Courts (2000). Jerusalem: Jerusalem Institute of Israel
Research.
In 2000 she was awarded
a grant from the Israeli Academy of Sciences to study (with Ruth
Halperin-Kaddari of the Faculty of Law) the changing nature
of professional practice
in divorce that has occurred as a result of the introduction
of Family Courts, the promotion
of mediation, and the increase of women in the legal profession.
Last month she received a grant from the Israel Foundation
Trustees (with Yifat Hotzman-Gazit
from the Faculty of Law) to study the press coverage of the courts
in Israel.
R.
Benjamin Brown is an historian with a special interest
in nineteenth century property law, particularly the law that
protected common use rights in unfenced land in the eastern United
States. Ben has a J.D. from Vanderbilt University and a PhD from
the University of Michigan.
He held a Doctoral Fellowship at the American Bar Foundation
and was the Legal History Fellow at the University of Wisconsin
School of Law.
During
the last year, Ben's chapter, "The Tennessee Supreme Court in Reconstruction
and Redemption, 1865-1885," was published in A History of the
Tennessee Supreme Court, 1796-1998 by the University of Tennessee
Press. His article, "Judging in the Days of the
Early Republic," was cited and quoted by the Ninth Circuit in
a November 2002 opinion.
He
continues his work on his book on the rise and fall of the open
range
property system in the nineteenth century South this year,
particularly working on evaluating the competing explanations
for the intense
political attacks on
that property law system in the post-Reconstruction era.
Ben
was a visiting scholar at the Center for the past two years.
This year he is teaching a Legal Studies
course on 20th Century U.S. Legal and Constitutional History
in the fall semester, and a survey of U.S. Legal and Constitutional
History in the spring.
Filippa
Corneliussen is a Postdoctoral Research Fellow based
at the Centre for the Study of Bioscience,
Biomedicine, Biotechnology and Society, London School of
Economics and Political Science.
Dr.
Cornelliussen will be visiting the
Center from 1 Oct 2003 - 31 May
2004. During her visit she will be working on her three-year,
Wellcome Trust funded research project entitled 'Social and Ethical
Aspects of Governing Dual-Use Biomedical R&D'. The project is
a comparative study of the UK and the US, and it focuses on three
aspects of regulating dual-use biomedical technology: 1)
the ethical principles and social objectives underpinning policy
and the development of regulatory measures; 2) the impact of
the regulatory measures on the biotech
industry and firm behaviour; and 3) the implementation and enforcement
of the regulatory measures in the private sector.
Filippa
obtained her PhD from the
Institute for the Study of Genetics, Biorisks and Society,
University of Nottingham, and has recently completed a one-year
postdoctoral
fellowship at the Centre for
Analysis of Risk and Regulation, London School of Economics
and Political Science.
Ira
Mark Ellman - See 2004-05 visiting scholars
Ron
Harris is Senior Lecturer in Law and Legal History
in the Faculty of Law, Tel Aviv University.
Professor Harris is a legal historian who teaches courses
on the history
of Anglo-American
and Israeli law. He is a
co-founder and co-organizer of the TAU
law & history workshop.
His other fields of research and teaching are corporate law,
debtor -- creditor law, comparative
law and welfare law. He earned an LL.B. from TAU Law School (1987),
B.A. and M.A. from TAU History Department (1989), and M.Phil.
and Ph.D. in history from
Columbia University (1994), where he was the recipient of a four
years President''s
Fellowship. He joined the TAU Law School faculty in 1993 and
has been a Senior Lecturer since 1999. He has received fellowships
from Yad Hanadiv (Rothschild
Foundation) and the British Council. He spent a year (1997-8)
as a visiting scholar at the Center for Law and Society, UC Berkeley
and extended research periods
in Oxford and London. Ron Harris is the author of Industrializing
English Law: Entrepreneurship and Business Organization, 1720 - 1844
(CUP, 2000), the editor of two other books and the author or
co-author of numerous articles for law reviews,
legal history, economic history, and Israeli history journals.
He recently completed a chapter titled "Government and the Economy,
1688 -1850" for the Cambridge Economic
History of Britain; an article titled "The Encounters of Economic
History and Legal History" for Law and History Review; and an
article titled "The Uses of
History in Law and Economics" for Theoretical
Inquiries in Law. This year Ron Harris
visits the Center
again, and teaches a course
for Boalt Hall in
the
fall (Corporations I) and a seminar for
the JSP Program in the spring (Law and
economic
change: historical perspectives). While
in Berkeley
Ron plans to work on projects on the
early institutional history of the
East
India Company and
on the history
of corporate personality theories.
Mari
Hirayama is a doctoral
student
of law at Kwansei Gakuin University Graduate
School of Law in Japan. In 2002-03 she
was in the LLM.
Program at the University
of Minnesota
Law School as
a Fulbright Scholarship. Her major areas
are Criminal Law, Juvenile Law and Criminology,
with a special focus on Restorative Justice.
Hiroshi
Kawatsu is a practicing lawyer in Japan. He was selected by the
Japanese Federation
of Bar
Associations in our arrangement
under which the Center
for the Study of Law and Society hosts
an annual visit from a Japanese defense lawyer
or public interest lawyer.
Mr.
Kawatsu earned a law degree at Waseda University, and graduated
from the Legal
Research and Training
Institute in Japan. Since
his admission
to the
Bar, he has been practicing in various
areas of law, especially
criminal law and criminal
procedure as a defense lawyer, and
has been appointed as a member of the Criminal Defense
Committee
of the Bar.
In recent
years,
he has
supported the introduction
of a jury system into Japan in which
lay citizens have previously played no part
in the judiciary,
and has
researched the jury
system of the
United States.
As
Japan recently determined to introduce
a quasi-jury system, named saiban-in system,
into serious
criminal trials
in the near future,
he plans to
continue
his research
on the jury system, focusing on trial
techniques and their effect on jury decision-making.
He also plans
to do research
in the
area of law
and psychology,
especially
in connection with evidence and decision-making.
Hila
Keren- See 2004-05 visiting scholars.
Richard
A. Leo - See 2004-05 visiting scholars.
Stanley
Lubman- See 2004-05 visiting scholars.
Seongdo
Mun is Assistant Professor of Criminal Law and Criminal
Procedure at the
Korean National Police University in the Republic of Korea. He
completed
his undergraduate
studies at Seoul National University in Seoul,
ROK, where he earned
his masters and doctorate under the guidance of Prof. Dongwoon
Shin.
Professor
Mun's main research interests have been Law and Police (strictly
speaking, Police in view of Law). He wrote Legal Problems and
Improvement of Obtaining Evidence
by the Police of an Unlawful Assembly and Demonstration, Research
Institute of Police Science in Korean National Police Agency,
2002, "Legal Basis and Problem
of Fingerprinting a Criminal Suspect in the Criminal Investigation",
52 Korean Criminological Review 63(2002), "Public Relations of
the Police and the Korean Criminal Law", 21 Journal of Korean
Police University 163(2001), etc. He recently directed a large
scale study of comparative investigation procedure, the results
of which will be published in Parkyoungsa. He established the
Korean Police Law
Association for the purpose of bringing together young legal
scholars and police officers to study legal problems of the police
and human rights.
During
his visit (until August, 2004), Professor Mun will continue work
on his
book on the warrant-requirement
doctrine, particularly comparing the American warrant system
and the Korean one
in view of the
legal nature of the arrest warrant.
Annette
Nierobisz completed her doctoral studies in the Department of Sociology
at the University of Toronto
in March
2001 and is currently an assistant professor in the Department
of Sociology and Anthropology at Carleton College.
Annette's research broadly explores legal
reactions to workplace issues.
As
a graduate student Annette studied the resolution of sexual harassment
complaints lodged
with the
Canadian Human Rights Commission, a "court of last resort" for sexual harassment cases arising
in federal workplaces. One dimension of this research examines
the impact of legal, extra-legal, and
organizational characteristics on the decisions reached by the
Commission. A recent article based on this research appears in
Social Problems (volume 48,
p. 605-623).
In
her more recent research, Annette examines the interconnection
of economic forces, organizational logics, and
legal
decisions and discourses. She is currently studying this through
analysis of judicial decisions
on Canadian
wrongful dismissal cases. The cases studied were heard to judgment
over a 28-year
period
(1970-1997) that encompasses the emergence of the "new
economy" and
a revision
of the
traditional
employment
contract.
Annette
specifically
studies
how judges
navigate
the new
employment
context
using
a body
of law
that
was developed
in a
distinctly
different
economic era
with
a different
set of
employment expectations and obligations.
At
the Center Annette will be completing two projects. A first
project
examines the changing impact of legally relevant criteria in
wrongful dismissal cases through a period that encompasses
the
development, implementation, and expansion of downsizing as a
corporate logic. A second project
examines
changing business discourse in newspaper accounts to assess corresponding
changes in the
language
and rational used by judges in later wrongful dismissal decisions.
On
October 20th Annette will present her work in the Center's Luncheon Speaker Series.
Her talk is entitled "Wrestling with the New Economy: Wrongful
Dismissal and the Canadian Courts, 1981-1997."
Jiri
Priban is Professor of Jurisprudence and Sociology
of Law at Charles University in Prague, and Lecturer
at Cardiff Law School, University of Wales. He is the author
of Dissidents of Law: on the 1989 Revolutions, Legitimations,
Fictions of Legality and Contemporary
Version of the Social Contract published in the Law, Justice
and Power series edited by Austin Sarat for Ashgate Publishing,
Aldershot, 2002. In September, 2003
Professor Priban is a visiting professor at the University of
San Francisco Law School, and will also participate as a visiting
scholar at the Center.
On
Friday, September 12, Professor Priban will present a talk
in our Luncheon Speaker Series entitled, "Reconstituting
Paradise Lost: The Temporal Dimension of Postcommunist Constitution-Making
in Central Europe."
Jellienke
Stamhuis has a law degree from Groningen University, the Netherlands
and is
currently working on her PhD dissertation at the Department
of Legal Theory at the University of
Groningen. During her visit in Berkeley, she will continue her
work on her dissertation research and plans to participate in
some graduate courses. Her main research interests are in the
field of sociology of law, the interactionist
approach to law and legislation and workers participation law.
Her dissertation research addresses several problems and questions,
both theoretically
and empirically, concerning the concept of 'interactive legislation'.
The aim of the research is to test the assumptions of a model
of legislation in which the legislator
does not one-sidedly impose behavioral rules, but where these
are the result of interaction between legislator, judiciary,
administrators/officials, interests
groups, scholars and media. In Berkeley she hopes to explore
the American perspective on workers participation and interactive
legislation generally. Jellienke Stamhuis
has recently worked on three articles that will be published
later this year. The first two deal with the phenomenon of self-regulation
and corporate responsibility.
The other focuses on elements of interactive law in works councils
legislation.
Suzan
Verberk- See 2004-05 visiting scholars.
Dvora
Yanow- See 2004-05 visiting scholars.
Center for the Study of Law and Society
Visting Scholars 2002-2003
Bryna
Bogoch. Bryna Bogoch is a Senior Lecturer at the Departments of Political
Studies and of Interdisciplinary Social Science Studies at Bar
Ilan
University. She completed her undergraduate studies at McGill
University in Montreal, Canada, where she lived until June 1967,
and obtained
her masters and doctorate from the Hebrew University of Jerusalem.
Her main research interests have been gender and the law and language
and the law (and sometimes both of these combined). She recently
directed a large scale study of gender bias in the courts of Israel,
the results of which were published in Bogoch B. and Don-Yechiye,
R. The Gender of Justice: Bias against Women in Israeli Courts
(2000).
Jerusalem: Jerusalem Institute of Israel Research. In 2000
she was awarded a grant from the Israeli Academy of Sciences to
study (with
Ruth Halperin-Kaddari of the Faculty of Law) the changing nature
of professional practice in divorce that has occurred as a result
of the introduction of Family Courts, the promotion of mediation,
and the increase of women in the legal profession. Last month she
received a grant from the Israel Foundation Trustees (with Yifat
Hotzman-Gazit from the Faculty of Law) to study the press coverage
of the courts in Israel.
R. Benjamin Brown. Ben Brown is an historian with a special interest in nineteenth
century property law, particularly the law that protected common
use rights in unfenced land in the eastern United States. Ben
has
a J.D. from Vanderbilt University and a PhD from the University
of Michigan. He held a Doctoral Fellowship at the American
Bar Foundation
and was the Legal History Fellow at the University of Wisconsin
School of Law.
During
the last year, Bens chapter, "The Tennessee Supreme Court
in Reconstruction and Redemption, 1865-1885," was published
in A History of the Tennessee Supreme Court, 1796-1998 by the University
of Tennessee Press. His article, "Judging in the Days of the
Early Republic," was cited and quoted by the Ninth Circuit
in a November 2002 opinion.
He
continues his work on his book on the rise and fall of the open
range property system in the nineteenth century South this year,
particularly working on evaluating the competing explanations for
the intense political attacks on that property law system in the
post-Reconstruction era.
Ben
is teaching a Legal Studies course on 20th Century Legal History
in the spring semester.
Mauricio
Duce. Some
of you will remember Maauricio Duce from his visit in January and
February of last year. Professor Duce has a law degree from Diego
Portales University in Santiago-Chile (1992), and a JSM from Stanford
Law School (1999). Professor and researcher at Diego Portales School
of Law (tenure since 1996), he teaches: Criminal Procedure, Due
Process and Trial Advocacy, and served as Director of the Center
for Juridical Research at Diego Portales Law School from September
2000 to October 2002. He has twice won a Fulbright Scholarship,
in 1998 and 2002. Since 1992 Professor Duce has been deeply involved
in the process of reform of the criminal justice system in Chile
both from his position at the University and in advising governmental
and non-governmental organizations in the field. From 1994 to 1995,
he was a member of a 4-person team preparing the draft of Chile's
new Code of Criminal Procedure as well as the other statutes required
to reform the Chilean Criminal Justice System. Subsequently, he
was a member of the task force that participated in the design and
implementation of the new system (from 1996 to 2000). Currently
he is a consultant to the Justice Studies Center of the Americas
in criminal justice reform in several countries in Latin America.
He has published several books and articles about criminal procedure
and criminal justice reform in Chile, Argentina, Mexico, Venezuela,
the US. and China.
During
his visit (until March 10th, 2003), Professor Duce will be working
on a study of the impact of the Chilean criminal justice reform,
for his JSD dissetation at Stanford Law School. (Lawrence Friedman
is his advisor.) The general context of the study is the reforms
made by most Latin American countries since the mid `80s to their
inquisitorial models of criminal procedure.
On
February 18th, Mauricio will present a talk in the Center's Luncheon
Speaker Series entitled "Criminal Justice Reform in Chile:
Advances and Perspectives on a Radical Process of Transformation."
Leslie Goldstein. Leslie
Goldstein grew up in Cleveland, Ohio, earned Political Science degrees
at the University of Chicago and Cornell, and is the Judge Hugh
M. Morris Professor of Political Science and International Relations
at the University of Delaware. Her research and teaching interests,
broadly speaking, are in the areas of public law and political theory,
and also in both these topics as they intersect with questions of
sex and gender. She has a longstanding interest in the relationship
between law and social change and between judicial power and democracy.
In recent years she has done work on the European Court of Justice,
and that work took her into explorations of comparative federalism,
and into her most recent research interest, the rule of law. Her
books have included The Constitutional Rights of Women (U of Wisconsin
Press, 2d ed. 1988); In Defense of the Text: Democracy and Constitutional
Theory (Roman and Littlefield, 1991); Contemporary Cases in Women's
Rights (U of Wisconsin Press, 1994); Feminist Jurisprudence: The
Diffference Debate (edited, Rowman & Littlefield, 1992); Constituting
Federal Sovereignity: The European Union in Comparative Context
(Johns Hopkins Press, 2001).
Professor
Goldstein plans to spend her time at the Center (until July 31,
2003) working on a couple of conference papers and figuring out
what is the rule of law, and working on an updated edition of her
Constitutional Rights of Women casebook, and getting started on
a casebook on race and the Supreme Court, designed for undergraduate
use. Meanwhile she is also teaching an undergraduate constitutional
law class for the Political Science Department.
After
figuring out what the rule of law is, on April 14th, Leslie will
present a talk in the Luncheon Speaker Series entitled, aptly, "The
Rule of Law."
Michele
Goodwin. Michele
Goodwin is Assistant Professor of Law, Depaul University College
of Law. She is Director of the Center for the Study of Race & Bioethics
and faculty co-chair of the Health Law Institute. She received
her B.A., University of Wisconsin; J.D., Boston College;
LL.M., University of Wisconsin
Michele's
research interests are in law and medicine, bioethics, and education
policy. Her work examines physical, behavioral, and social aspects
of healthcare, with particular focus on ethnicity, gender, and poverty
issues. Before joining the faculty at DePaul, she served as an assistant
dean at the University of Wisconsin Law School, where she earned
her LL.M. degree and was named a William H. Hastie Fellow. She has
lectured and researched internationally. Her most recent publications
include: Race, Gender & Mental Health: The Case of Wanda Jean
Allen in the Critical Race Feminism 2nd Ed. (NYU Publishers); Intellectual
Integration into The Legal Academy (U. Mich. J. Race & Law);
Sex, Theory & Practice: Reconciling Davis v. Monroe (DePaul
Law Rev); Deconstructing Legislative Consent Law: Organ Taking,
Racial Profiling, & Distributive Justice (U Virginia Law &
Tech Journal). Her edited book, Race, Democracy & Citizenship:
Racial Profiling in America is due to be published with the University
of Colorado Press in 2003. She is also a published poet.
Michele
is currently completing an article addressing organ commodification
and the African American community.
Miriam
Gur-Arye. Miri
Gur-Arye is Judge Basil Wunsh Professor of Criminal Law, Faculty
of Law, Hebrew University, Jerusalem, Israel. She received her LL.B.
in 1975 (first in class) and D. Jur. in 1981 (summa cum laude) from
the Hebrew University. Miri has been on the Faculty of Law, Hebrew
University since 1980. In 1984-5 she was a visiting fellow at University
College, Oxford. Miri's main areas of research are: Theories of
Criminal Liability,Criminal Law Defences, Legal Responses to Public
and Political Corruption, Legal Responses to Social Trauma.
While
a visiting scholar at the Center during 2001-02, Miri completed
a paper on "Can Freedom of Expression Survive Social Truama
The Israeli Experience" ( forthcoming, Duke Journal
of Comparative Law), and another on "Relience on a Lawyers
Mistaken Advice Should It Be an Excuse from Criminal Liability" (forthcoming, American Journal of Criminal Law).
In
Spring 2003, Miri is teaching a seminar at Boalt Hall on "Topics
in Criminal Law Comparative Prespectives."
Tim
Hartnagel. Dean
Timothy (Tim) Hartnagel is a Professor in the Sociology Dept
at
the Univ of Alberta, Edmonton, Alberta, Canada where he has been
teaching and doing research specializing in criminology since
1971.
Currently he is in the middle of a 2nd term as Academic Dean of
St. Joseph's College, an undergraduate college affiliated
with and
on the campus of the University. He served as Director of the BA
Program in Criminology for 10 years from its inception; he
has also
served as Associate Chair of the Sociology Dept. Two previous sabbaticals
were spent as a Visiting Fellow at the Institute of Criminology,
Cambridge University. He has published in a variety of sociology
and criminology journals, focusing particularly on the social
causes
of criminal behavior. With a former PhD student, Steve Baron, he
has published several articles dealing with crime among street
youth
in Edmonton. In recent years he has been turning his attention
to the subject of crime and public policy, particularly the
topic of
public attitudes toward criminal justice policy. He recently published
a paper in the Canadian Journal of Criminology dealing with
attitudes
toward gun control in Alberta; has edited a book of readings on
crime control policy in Canada; and has just completed a paper
entitled "Youth Crime and Justice in Alberta: Rhetoric and Reality" for
the Parkland Institute, a policy research institute at the
Univ of Alberta. He will be continuing his research on public
attitudes
toward criminal justice policy during his time here at the Center.
On April 28th, Dean Hartnagel will present this research in
the
Center's Luncheon Speaker Series.
Stanley
Lubman. Stanley
Lubman has specialized on China as a scholar and as a practicing
lawyer for over thirty years. He has taught on Chinese law,
and
is currently a Lecturer at the School of Law at the University
of California (Berkeley). He has previously taught at Stanford,
Columbia,
Harvard, the University of Heidelberg and the School of Oriental
and African Studies of the University of London, as well as
Berkeley.
He has been advising clients on the People's Republic of China
since 1972 on a wide range of matters and has also been active
in representing
clients in disputes arbitrated by the China International Economic
and Trade Arbitration Commission in Beijing. From 1978 to
1997 he
headed the China practices at two major San Francisco law firms
and a large English firm of solicitors. He was trained as
a China
specialist in the United States and in Hong Kong for four years
(1963-67) under grants from the Rockefeller Foundation, Columbia
University and the Foreign Area Fellowship Program. He has
an A.B.
degree with honors in history from Columbia College and LL.B.,
LL.M. and J.S.D. degrees from the Columbia Law School, and
also studied
at the Faculty of Law and the Institute of Comparative Law of the
University of Paris. His writings on Chinese law and related
subjects
have been widely published, including China's Legal Reforms (Stanley
Lubman, ed.), Oxford University Press, 1996 and Bird in a
Cage:
Legal Reform in China after Mao, Stanford University Press, 2000.He
is advisor on China legal projects to The Asia Foundation,
and is
chair of a committee established by the Foundation to consult with
legislative drafters of the National People's Congress Committee
on Legislative Affairs on reform of Chinese administrative
law.
Most recently, in this capacity he organized and was co-chair of
a conference in Shanghai in July, 2001 on the effects of Chinese
accession to the WTO on Chinese administrative law. In September
2002, he co-organized a Conference on Law and Society in China,
held at Boalt Hall Schooll of Law.
Hideyo
Matsubara. Dr. Hideyo Matsubara is from Osaka, Japan, where he is a Research
Fellow of the Japan Society for the Promotion of Science, specializing
in Criminal Law and Criminology, especially regulation of business
corporations.
Hideyo received a Ph.D. in law at Kwanseigakuin University (located
in Hyogo, western Japan). His dissertation on the legal control
of corporate crime was published as the first book in a series on
socio-legal studies edited by Setsuo Miyazawa.
Hideyo's
work continues to focus on the control of organizational crime and
deviance, especially corporate crime and deviance. During his stay
at the Center, he will study the control of organizational and corporate
activities using legal or other effective methods, focusing on regulatory
enforcement both theoretically and empirically. He will also research
the role of criminal sanctions in controlling organizational activities.
He would like to take environmental regulation or antitrust laws
regulation fields as an object of study. Hideyo is also interested
in developing his understanding of the "New Penology" (Feeley and Simon).
Recently,
Hideyo has researched the conditions and character of crime after
the Great Hanshin-Awaji Earthquake. He reported on this research
at the American Society of Criminology Annual Meeting in Chicago
in November 2002.
Elizabeth Rapaport. Liz
is Dickason Professor of Law at the University of New Mexico School
of Law. Prior to going to New Mexico in 1995, Liz taught at Duke
University (Public Policy) and Boston University (Philosophy). She
has her J.D from Harvard and her Ph.D. in Philosophy from Case Western
Reserve. She has been a visiting professor of philosophy at Brown
University, University of Southern California and the University
of Sydney. She has been a visiting professor of law at Duke and
North Carolina Central University.
Her
main areas of interest are criminal law and jurisprudence. She has
more than a passing interest in legal ethics. She would love to
gain a respectable knowledge of international law and learn something
about bio-ethics.
Liz
is currently working on a book that expands and revises work she
has done on gender and capital punishment; the working title is
Capital Punishment and the Domestic Discount: Gender, Family and
the Death Penalty. She is also writing about executive clemency
and has recently been involved in a project in New Mexico to obtain
clemency for nonviolent drug addicted offenders serving long sentences.
She will give a talk on her work on executive clemency in the Center's
Luncheon Speaker Series this fall.