French naturalists at the Muséum Nationale d’Histoire Naturelle in Paris in the early nineteenth century recognized that their individual and collective successes were intimately linked to questions of power over specimens. France’s strength abroad affected the growth of the museum’s collections. At the museum, preserving, naming, classifying, displaying, interpreting, and otherwise deploying specimens went hand in hand with promoting scientific theories, advancing scientific careers, and instructing the public. The control of specimens, both literally and figuratively, was the museum’s ongoing concern. (...) The leopard in this essay’s title, a live specimen confiscated from the streets of Paris in 1793, serves here to represent the tensions created in an existing order of things by the introduction of a potentially disruptive agent. The essay explores the life of the museum and the interrelations among its naturalists, the special challenges created by the establishment of a menagerie, and the histories of particular specimens and ideas. (shrink)

What kind of persons could engage in political torture? Not only the morally impaired who lack empathy or compassion, or even the merely obedient, but also the righteous who struggle with conscience, and the realists who set morality aside.

This short essay was published by Shelterforce, the journal of affordable of housing and community development published by the National Housing Institute. It is largely taken from my law review article entitled "'We Shall Not Be Moved': Eminent Domain, Urban Redevelopment and the Socioeconomics of Just Compensation" published by St. John's Law Review. That article can be downloaded from SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=904224 This shorter piece focuses on the two proposals outlined in the second part of the law review article that (...) are designed to curb abuses of eminent domain in the urban redevelopment context without destroying its effectiveness as a tool for community revitalization and, even, community empowerment. Specifically, homeowners should not be subject to eminent domain pursuant to a redevelopment plan until the majority of them have approved the plan. To further solidify resident ownership of redevelopment, the right to continued residency in the community should be protected by amending relocation laws to guarantee an alienable entitlement to be offered replacement housing in the redeveloped district area. Together, these two legislative reforms express a more nuanced balance of property and liability rules that will facilitate a more productive interface between community residents and redevelopment officials. (shrink)

In his book The Unfinished Project, Lorenzo Simpson articulates a hermeneutical model for understanding across difference that stresses the importance of analogies. While noting much that is helpful in his account, in this paper I question Simpson’s emphasis on analogical reasoning. After detailing Simpson’s approach, I explore some problems with analogies as a route to understanding. I examine some assumptions behind the idea that one must analogize from what one already understands in order to expand thatunderstanding. In particular I argue (...) that, while in some cases it can be helpful, it is not necessary to use analogies in order to understand another who does not share one’s social position, culture, or worldview, and, perhaps more importantly, it is never sufficient. Moreover, attempting to locate correspondences between oneself and another may in some cases undermine the ability toform the kind of practical relationship that understanding across difference requires. Understanding another is best described, not as requiring analogies between self and other, but rather as requiring a practical relation, a type of relation that I will detail further in the second half of this paper. (shrink)