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The Expanding Spaces of LawA Timely Legal Geography$
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Irus Braverman, Nicholas Blomley, and David Delaney

Print publication date: 2014

Print ISBN-13: 9780804787185

Published to Stanford Scholarship Online: September 2014

DOI: 10.11126/stanford/9780804787185.001.0001

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Rules of Engagement

Rules of Engagement

The Spatiality of Judicial Review

Chapter:
(p.215) 9 Rules of Engagement
Source:
The Expanding Spaces of Law
Author(s):

Melinda Harm Benson

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804787185.003.0010

This chapter explores the idea that litigation presupposes a space that has, to date, commanded little attention from legal geography. Legal systems and processes and their associated “rules of engagement” create the space in which the various actors—plaintiffs, defendants, judges, juries, expert witnesses, and so on—perform. Often described as “procedural” as opposed to “substantive” aspects of the law, these rules of engagement tend to operate under a veil of neutrality. In reality, however, they reflect cultural values and consolidations of power worthy of examination. The rules of engagement examined here are those that dictate when US citizens have standing to bring federal court cases to enforce environmental protections. The author demonstrates how these seemingly “procedural” rules are playing an increasingly dispositive role in environmental litigation, thereby policing the production of legal space and discerning who gets to enter it.

Keywords:   civil rules of procedure, judicial review, justiciability, nomosphere, law and geography, sociolegal studies

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