Faculty Scholarship 2018 to 2021
Message from the Dean
Dear Colleagues, We are pleased to update you on the scholarship produced by our faculty since 2018. Situated on the flagship campus of a premier, researchintensive public university, University at Buffalo School of Law has long been associated with innovative, interdisciplinary research and critical approaches to the study of law. Many of our faculty members hold doctorates in areas other than law, and the thoughtful scholarship catalogued here reflects this rich and diverse background. We hope you enjoy getting to know their work. Yours sincerely,
Aviva Abramovsky Dean
law.buffalo.edu/faculty
Contents
Heather R. Abraham . . . . . . . . . . . . . . . 2
Paul Linden-Retek . . . . . . . . . . . . . . . . . 28
Aviva Abramovsky. . . . . . . . . . . . . . . . . 3
Susan V. Mangold. . . . . . . . . . . . . . . . . . 30
Elizabeth G. Adelman. . . . . . . . . . . . . . . 4
Lynn Mather. . . . . . . . . . . . . . . . . . . . . . . 31
Mekonnen Firew Ayano. . . . . . . . . . . . 5
Martha T. McCluskey. . . . . . . . . . . . . . 32
Samantha Barbas. . . . . . . . . . . . . . . . . . . 6
Errol Meidinger . . . . . . . . . . . . . . . . . . . 33
Christine P. Bartholomew. . . . . . . . . . . 7
Athena D. Mutua. . . . . . . . . . . . . . . . . . . 34
Mark Bartholomew. . . . . . . . . . . . . . . . . 8
Makau W. Mutua . . . . . . . . . . . . . . . . . . 35
Anya Bernstein. . . . . . . . . . . . . . . . . . . . . 9
Tolulope F. Odunsi. . . . . . . . . . . . . . . . . 36
Guyora Binder. . . . . . . . . . . . . . . . . . . . . 10
Anthony O’Rourke. . . . . . . . . . . . . . . . . 37
Michael Boucai . . . . . . . . . . . . . . . . . . . . . 11
Stephen J. Paskey . . . . . . . . . . . . . . . . . . 38
Irus Braverman. . . . . . . . . . . . . . . . . . . . 12
John Henry Schlegel. . . . . . . . . . . . . . . 39
Luis E. Chiesa. . . . . . . . . . . . . . . . . . . . . . 14
Amy Semet. . . . . . . . . . . . . . . . . . . . . . . . 40
Kim Diana Connolly . . . . . . . . . . . . . . . 15
Matthew Steilen . . . . . . . . . . . . . . . . . . . 41
Brian Detweiler. . . . . . . . . . . . . . . . . . . . . 16
David A. Westbrook. . . . . . . . . . . . . . . 42
Matthew Dimick. . . . . . . . . . . . . . . . . . . 18
James A. Wooten. . . . . . . . . . . . . . . . . . . 43
David M. Engel. . . . . . . . . . . . . . . . . . . . . . 19
Baldy Center Fellows. . . . . . . . . . . . . . 44
Lucinda M. Finley. . . . . . . . . . . . . . . . . .20
Areas of Interest. . . . . . . . . . . . . . . . . . . 46
Rebecca R. French . . . . . . . . . . . . . . . . . 21
Contact Information . . . . . . . . . . . . . . . 48
James A. Gardner. . . . . . . . . . . . . . . . . . 22 Alexandra Harrington . . . . . . . . . . . . 24 Alfred S. Konefsky. . . . . . . . . . . . . . . . . 25 Meredith Kolsky Lewis. . . . . . . . . . . . 26
1
Heather R. Abraham A S S O C I ATE P R O F E S S O R DIRECTOR OF THE CIVIL RIGHTS & TR ANSPARENCY CLINIC LLM, Georgetown University Law Center JD, University of Minnesota MPP, University of Minnesota BA, Kalamazoo College (716) 645-2073
habraham@buffalo.edu
AREAS OF INTEREST ADMINISTRATIVE LAW CLINICAL LEGAL EDUCATION CIVIC PROCEDURE
I investigate how the law
CIVIL LIBERTIES
influences where people live.
CIVIL RIGHTS
My research agenda centers
CONSTITUTIONAL LAW
on what legal tools exist, or
DISABILITY RIGHTS
should exist, to reduce racial
FAIR HOUSING
segregation. My ambition
FEDERAL COURTS
remains practical as well as
FIRST AMENDMENT
theoretical—creating a roadmap
FREEDOM OF THE PRESS
for litigators and policymakers
LEGISLATION
to leverage existing statutes,
PROPERTY
administrative regulation, and case law to meaningfully
ARTICLES
deconstruct the systems that
Segregation Autopilot: How the
perpetuate racial segregation.”
Government Perpetuates Segregation and How to Stop It, Iowa Law Review (forthcoming 2022). “Don’t Blame Stokely Carmichael?”: The Need for Federal Fair Housing Leadership, 29(3) ABA Journal of Affordable Housing and Community Development Law 555 (2021). Fair Housing’s Third Act: American Tragedy or Triumph?, 39 Yale Law & Policy Review 1 (2021).
2
Aviva Abramovsky DEAN AND PROFESSOR JD, University of Pennsylvania BA, Cornell University
(716) 645-2052
aabramov@buffalo.edu
AREAS OF INTEREST INSURANCE LAW COMMERCIAL LAW REGULATION OF FINANCIAL ENTITIES
My research is
LEGAL ETHICS
focused on insurance law with BOOKS
emphasis on re-insurance. I am particularly interested
Uniform Commercial Code, West’s
in global insurance products
McKinney’s Forms for New York
and disaster and catastrophe
(the definitive set on the New York
liability. Insurance is a
Uniform Commercial Code and
gatekeeper for all corporate
official companion to McKinney’s
behavior and as such the
Consolidated Laws of New York
industry’s laws and policies
Annotated) (Thomson Reuters,
are relevant to every aspect
2016-2021) (updated annually).
of the world’s economy.”
CHAPTERS Transparency and the Insurance Contract in the United States (with Peter Kochenburger), in Transparency in Insurance Law and Regulation 683 (Pierpaolo Marano & Kyriaki Noussia, eds., Springer, 2020).
3
Elizabeth G. Adelman T E A C H I N G F A C U LT Y V I C E D E A N FO R LE GA L I N FO R M ATI O N S E RV I C E S A S S O C I ATE U N I V E R S IT Y LI B R A R I A N FO R L AW JD, Albany Law School MLS, University at Buffalo
(716) 645-2089
eadelman@buffalo.edu
AREAS OF INTEREST LEGAL RESEARCH STATUS OF ACADEMIC LAW LIBRARIES AND LAW LIBRARIANS
The core of my scholarship
BOOKS
focuses on the process of
New York Legal Research (with
conducting legal research
Courtney L. Selby, Brian T. Detweiler
effectively. The fourth edition
& Kathleen Darbil) (Carolina
of my book, New York
Academic Press, 4th ed., 2020).
Legal Research, highlights the connections between
ARTICLES
sources, legal research, and
Academic Law Library Director
analysis. Another area of
Status Since the Great Recession:
interest is on the status of
Strengthened, Maintained, or Degraded?
the academic law library. My
(with Karen Shephard, Richard
recent scholarship examines
J. Patti & Robert M. Adelman), 112
the autonomy of academic
Law Library Journal 117 (2020).
law libraries, the status of the law library director, and the
CHAPTERS
implications of both in the
Centralization of the Academic Law
context of the ABA Standards.”
Library: Is It Right For Your Institution?, in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts 189 (Michelle M. Wu, Scott B. Pagel, Joan S. Howard, eds., William S. Hein & Company, 2020).
4
Mekonnen Firew Ayano A S S O C I ATE P R O F E S S O R S.J.D., Harvard Law School LL.M. American University (Cairo, Egypt) LL.B., Addis Ababa University
(716) 645-5134
mfayano@buffalo.edu
AREAS OF INTEREST PROPERTY LAW IMMIGRATION LAW NATURAL RESOURCES ENERGY LAW
My research focuses on
HUMAN RIGHTS
property rules and social
GLOBALIZATION & LEGAL PROFESSION
practices to analyze the
LAW & DEVELOPMENT
distributive outcomes for various social groups in different settings. I
ARTICLES
have written, drawing on
Tenants without Rights: Immigrants’
ethnography, about rural land
Experiences in the U.S. Low-Income
registration and distributive
Housing Market, 28 Georgetown
outcomes for women,
Journal on Poverty Law
smallholders, and pastoralists;
and Policy 159 (2021).
conflicts connected to law and land inequality in emerging
Law and Social Conflict in
market economies; and
Transitional Market Economies,
immigrant tenants and housing
18 International Journal of
law in major U.S. cities. My
Constitutional Law 988 (2020).
ongoing research considers the steadily intensifying China-
Rural Land Registration in Ethiopia:
Africa ties in relation to land,
Myths and Realities, 52 Law and
labor, and the legal profession.”
Society Review 1060 (2018). BOOK REVIEWS Book Review, 89 Journal of the International African Institute 202 (2019) (reviewing William Beinart et al., Rights to Land: A Guide to Tenure Upgrading and Restitution in South Africa (Jacana Media 2017)).
5
Samantha Barbas PROFESSOR DIRECTOR OF THE BALDY CENTER FOR L AW AND SOCIAL POLICY JD, Stanford Law School PhD, University of California at Berkeley BA, Williams College (716) 645-6216
sbarbas@buffalo.edu
AREAS OF INTEREST FIRST AMENDMENT LEGAL HISTORY MASS MEDIA LAW
The Esquire Case: A Lost Free Speech Landmark, 27 William and Mary Bill of Rights Journal 287 (Dec. 2018).
My work examines the interconnections between law, American social and cultural history, and the history of mass communications. I have focused on the history of
BOOKS
CHAPTERS
The Rise and Fall of Morris
Privacy and the Right to One’s
Ernst: Free Speech Renegade
Image: A Cultural and Legal History,
(University of Chicago Press, 2021).
in Injury and Injustice: The Cultural Politics of Harm and
privacy, defamation, and free speech law, looking at topics ranging from the 1957 trial of Confidential magazine, to
Confidential Confidential:
Redress 202 (Anne Bloom, David
The Inside Story of Hollywood’s
M. Engel & Michael McCann, eds.,
Notorious Scandal magazine
Cambridge University Press, 2018).
(Chicago Review Press, 2018).
the 1967 Supreme Court case Time v. Hill, to the history
ARTICLES
of the ACLU and the career
The Press and Libel Before
of famed civil liberties
New York Times v. Sullivan, 44
attorney Morris Ernst.”
Columbia Journal of Law and the Arts 511 (2021).
Recounting the Life of a Free-Speech Renegade Based on volumes of archives and historical accounts, The Rise and Fall of Morris Ernst: Free Speech Renegade (University of Chicago Press, 2021) follows the life and the career of civil liberties attorney Morris Ernst. Ernst spent decades as the American Civil Liberties Union’s general counsel. Renowned for battling against artistic censorship, he successfully argued high profile free-speech cases and supported the widespread expansion of protections for sexual expression, reproductive rights, and union organizing. Yet, Ernst had another side. Samantha Barbas details her subject’s late-career obsession with resisting Communist influence in the ACLU and the wider society, highlighting his contrary perspectives that both transformed free speech in America and inflicted damage to the cause of civil liberties. Barbas puts Ernst in a timely new light, showing that today’s challenges to free speech and the exercise of political power make Ernst’s battles as relevant as ever.
6
Christine P. Bartholomew PROFESSOR L AW REVIEW ADVISOR JD, University at California at Davis BA, San Francisco State University
(716) 645-7399
cpb6@buffalo.edu
AREAS OF INTEREST
Privilege and the Fight Against Corruption
CIVIL PROCEDURE
in the United States, 41 XLI Jornadas
ANTITRUST
Internacionales de Derecho
EVIDENCE
Penal, Criminal, Contemporánea
CONSUMER PROTECTION
y CorrupciÓn: ¿Efectividad del La
My research is in civil
REMEDIES
Pena Privativa de La Libertad?
procedure, specifically the
(Universidad Externado de Colombia,
tension between class actions’
2021) (translated into Spanish).
enforcement potential and
BOOKS Legal Argument: The Structure
The Venue Shuffle: Forum Selection
and Effective Language of
Clauses & ERISA (with James
Effective Advocacy (with
A. Wooten), 66 UCLA Law
James A. Gardner) (Carolina
Review 862 (April 2019).
Academic Press, 3rd ed., 2020). ARTICLES Ford’s Underlying Controversy,
heightened procedural and evidentiary rules. On the one hand, judicial resources are far from absolute, and such rules can promote judicial
E-Notice, 68 Duke Law Journal 217 (2018).
efficiency. On the other hand,
CHAPTERS
hurdles threaten class actions’
a raft of new procedural
Motions for Class Certification vs.
(with Anya Bernstein), 99
potential to regulate corporate
Proceedings on the Merits, in Antitrust
Washington University Law
behavior. It is now harder
Daubert Handbook (ABA Antitrust
Review (forthcoming 2022).
to get into court; harder to
Section) (forthcoming 2021).
plead a claim; and harder to
Playing Nicely with Others, Antitrust
AMICUS BRIEFS
Law Journal (forthcoming 2022).
certify a class. I analyze how such hurdles impact class
Brief of Complex Litigation Law
actions, and then identify
Antitrust in the Age of Class
Professors as Amici Curiae in
ways to balance efficiency and
Action Reform, Indiana Law
Support of Respondent, TransUnion
enforcement goals. Because
Journal (forthcoming 2021).
LLC v. Ramirez (U.S. 2021)
rule interpretation is primarily
(No. 20-297) (co-lead author).
left to the judiciary, my work
Antitrust Norms in the United States and Financial Corruption, 41 XLI Jornadas
Brief of Scholars as Amici Curiae
Internacionales de Derecho
Supporting Petition for Certiorari,
Penal, Criminal, Contemporánea
Robertson v. U.S. District Court, (U.S.
y CorrupciÓn: ¿Efectividad del La
2019) (No. 18-1341) (co-lead author).
Pena Privativa de La Libertad? (Universidad Externado de Colombia, 2021) (translated into Spanish).
analyzes judicial interpretation and decision making.”
Brief of Antitrust Law Professors as Amici Curiae Supporting Petition for Certiorari, AFMS LLC v. United Parcel Services, Inc. & FedEx Corp., 138 S. Ct. 1180 (U.S. 2018) (No. 17-1092) (lead author).
7
Mark Bartholomew PROFESSOR JD, Yale Law School BA, Cornell University
(716) 645-5959
bartholo@buffalo.edu
AREAS OF INTEREST INTELLECTUAL PROPERTY CYBERLAW LAW AND NEUROSCIENCE
My recent work examines
LEGAL HISTORY
the relationship between law,
ADVERTISING LAW
technology, and advertising. Through a variety of
ARTICLES
mechanisms, including
Copyright and the Creative Process,
intellectual property law,
97 Notre Dame Law Review
privacy law, contract law, and
(forthcoming 2021).
the First Amendment, the legal system is struggling to set an
Copyright and the Brain, 98
appropriate balance between
Washington University
commercial freedom and
Law Review 525 (2020).
consumer protection in the midst of a modern marketing
Neuromarks, 103 Minnesota
revolution. Figuring out where
Law Review 521 (2018).
this balance should be set is a difficult project. My approach
The Law of Advertising Outrage,
is to mine psychology, which
19 Advertising and Society
tells us how consumers think,
Quarterly (Sept. 2018).
and history, which tells us how lawmakers approached
The Political Economy of Celebrity Rights,
similar questions in the past,
38 Whittier Law Review 1 (2018).
to help assess the costs and benefits of advertising in new forms and new spaces.”
8
Anya Bernstein PROFESSOR PhD, University of Chicago JD, Yale Law School BA, Columbia College
(716) 645-3683
anyabern@buffalo.edu
AREAS OF INTEREST
What Counts as Data, 86(2) Brooklyn
ADMINISTRATIVE LAW AND COMPARATIVE ADMINISTRATIVE LAW
Law Review 435 (2021).
JURISDICTION & CIVIL PROCEDURE
Porous Bureaucracy: Administrative
LEGISLATION & STATUTORY INTERPRETATION
Social Inquiry 28 (2020).
Culture in Taiwan, 45 Law and
We sometimes take the legitimacy of democratic
LAW AND SOCIETY
ARTICLES Ford’s Underlying Controversy,
governance for granted, but
Technologies of Language Meet
legitimacy is not something
Ideologies of Law, 2020 Michigan
that inheres in a particular
State Law Review 1241 (2020).
political form. It’s a dynamic,
(with Christine Bartholomew), 99 Washington University Law
Interpenetration of Powers: Channels
Review (forthcoming 2022).
and Obstacles for Populist Impulses,
culturally specific outcome of continuous work by numerous participants. I’m particularly
28 Washington International Judicial Populism (with Glen
interested in how bureaucrats
Law Journal 461 (2019).
and judges in democracies
Staszewski), 106 Minnesota Law Review (forthcoming 2021).
legitimize their actions. I use
Democratizing Interpretation,
ethnography, interview, and
60 William and Mary Law Legal Corpus Linguistics and the
textual analysis to illuminate
Review 435 (2018).
how government actors
Half-Empirical Attitude, 106 Cornell
understand, describe, and
Law Review (forthcoming 2021).
shape law and governance. My work so far has focused on the United States as well as Taiwan; and this year I’ve expanded my research to Germany.”
The Bureaucracy of Democracy How democracies actually work—the day-to-day administration of government—is a continuing scholarly question for Anya Bernstein. Now she’s taking her longtime inquiry a step further with the help of a prestigious grant. Bernstein received a Fulbright Scholar Award through the U.S. Department of State to support her research in Germany on the country’s administrative state. The project is part of her broader interest in the bureaucracy of democracy, a topic she has studied in the U.S.—an old, large and powerful democracy—and in Taiwan—a new, small and relatively disempowered one. Bernstein views Germany as an interesting contrast to the other two sites, with its middle-aged democratic system, a parliamentary rather than presidential system, and a history of theorizing and valuing administration.
9
Guyora Binder SUNY DISTINGUISHED PROFESSOR U N I V E R S IT Y AT B U F FA LO D I S TI N G U I S H E D P R O F E S S O R H O D G S O N R U S S F A C U LT Y S C H O L A R V I C E D E A N F O R R E S E A R C H A N D F A C U LT Y D E V E L O P M E N T JD, Yale Law School AB, Princeton University (716) 645-2673
My recent article, Disbanding
gbinder@buffalo.edu
AREAS OF INTEREST
The Puzzle of Inciting Suicide
CRIMINAL LAW
(with Luis Chiesa), 56 American
JURISPRUDENCE
Criminal Law Review 65 (2018).
LAW AND LITERATURE
Unusual: The Death Penalty for
BOOKS
Police Agencies, grew out
Criminal Law: Cases and Materials
of conversations with my
(with John Kaplan & Robert Weisberg)
coauthors Tony O’Rourke and
(Wolters-Kluwer, 9th ed., 2021).
Rick Su, regarding the tragic and turbulent events over the
ARTICLES
past year. It assesses proposals
Defunding Police Agencies (with Rick Su
to disband police forces, like
& Anthony O’Rourke) 71 Emory Law
that passed by the Minneapolis
Journal (forthcoming 2022).
City Council, from a democratic
Disbanding Police Agencies (with Anthony
and institutionalist perspective.
O’Rourke & Rick Su), 121 Columbia
Should localities concerned
Law Review 1327 (2021).
about discriminatory policing and excessive force disband
Judicial Review of Strict Liability
their police forces? This is a
Local Ordinances (with Brenner
more practical strategy than
Fissell), 53 Arizona State
many readers may imagine,
Law Journal 425 (2021).
that has been used before in
A Political Interpretation of Vagueness
American history to reform
Inadvertent Murder (with Brenner Fissell & Robert Weisberg), 93 Indiana Law Journal 549 (2018). BOOK REVIEWS Book Review, 93 American Literature (forthcoming 2021) (reviewing Karla F. C. Holloway, Legal Fictions (Duke University Press, 2013) and Eric Bachman, Literary Obscenities (Penn State University Press, 2018)). Book Review, Criminal Law and Criminal Justice Books (Sept. 2020) (reviewing Lawrence Friedman, Crime Without Punishment: Aspects of History of Homocide (Cambridge University Press, 2018)).
Doctrine (with Brenner Fissell), 2019
policing. One reason in favor
Illinois Law Review 1527 (2019).
of using such a strategy today is that discriminatory police departments are often too
Crime and Punishment
insulated from democratic oversight to be meaningfully
Criminal Law: Cases and Materials (Wolters-Kluwer, 9th ed., 2021) provides a comprehensive examination of criminal law under both the Model Penal Code and common law. Interspersed with excerpts that provide social, political, and criminological background to the black letter law, the casebook’s interdisciplinary approach addresses the purposes and limits of punishment and considers the meaning and types of crime. The ninth edition, co-authored by Guyora Binder, Robert Weisberg, and the late John Kaplan, includes new research on the role of constitutional law in the criminalization of homelessness and expanded discussion of racial justice topics including the criminal liability of police for the use of unnecessary lethal force, controversies surrounding citizen’s arrest powers, and the evolution of sexual assault laws.
reformed. Yet these same legal impediments to democratic control will also impede efforts to dissolve police forces and start fresh.”
10
Michael Boucai PROFESSOR MPhil, University of Cambridge JD, Georgetown University Law Center BA, Yale University
(716) 645-1743
mboucai@buffalo.edu
AREAS OF INTEREST
ARTICLES
GENDER, SEXUALITY, & LAW
Topology of the Closet, Journal of
FAMILY LAW
Homosexuality (2021) doi.org/
CONSTITUTIONAL LAW
10.1080/00918369.2020.1851957.
CRIMINAL LAW LEGAL HISTORY
My scholarship lies mainly
Before Loving: The Origins of the Right to
in two fields. I study the law
Marry, 20 Utah Law Review 69 (2020).
of marriage, family, gender, and sexuality, and I study queer history. The first branch of my research is strongly influenced by critical and sociolegal approaches to law; and it traverses multiple bodies of legal doctrine, most prominently constitutional, criminal, and family law. The second branch focuses on queer identities, communities, and politics since the mid-nineteenth century. My research in one area powerfully informs what I do in the other. I see law through a historian’s eyes and history through the eyes of a legal scholar. At the same time, I welcome frameworks and insights from other disciplines. Hence my scholarship’s intense engagements with work in sociology, anthropology, philosophy, critical theory, and literature.”
11
Irus Braverman PROFESSOR AND WILLIAM J. MAGAVERN F A C U LT Y S C H O L A R SJD, University of Toronto MA, The Hebrew University of Jerusalem LLB, The Hebrew University of Jerusalem
(716) 645-3030
irusb@buffalo.edu
AREAS OF INTEREST
ARTICLES
ANIMAL STUDIES
Corals in the City: Cultivating Ocean Life
NATURE AND CONSERVATION BIOLOGY LAW AND GEOGRAPHY
My research focuses on the
in the Anthropocene, 16 Contemporary Social Science 96 (2021).
LAW AND GENETICS
relationship between law,
LEGAL ETHNOGRAPHY
science, and nature. My books
LAW AND SOCIETY
include: Planted Flags: Trees,
PALESTINE/ISRAEL
Land and Law in Israel/
SCIENCE AND TECHNOLOGY STUDIES
Palestine (2009), Zooland: The Institution of Captivity
BOOKS
(Independent Publisher Award
Laws of the Sea: Interdisciplinary
Winner, 2012), Wild Life:
Currents (Irus Braverman, ed.)
The Institution of Nature
(Routledge, forthcoming 2022).
(2015). and Coral Whisperers:
Environmental Justice, Settler Colonialism, and More-thanHumans in the Occupied West Bank: An Introduction, 4 Environment and Planning E: Nature and Space 3 (2021) (Special issue). Wild Legalities: Animals and Settler Colonialsim in Palestine/Israel, 44 PoLAR: Political and Legal
Scientists on the Brink (2018).
More-than-One Health: Humans,
My latest monograph, Zoo
Anthropology Review 7 (2021).
Animals, and the Environment
Veterinarians: Governing Care on a Diseased Planet (2021), highlights the recent
Post-Pandemic (Irus Braverman, ed.)
Fleshy Encounters: Meddling
(Routledge, forthcoming 2022).
in the Lifeworlds of Zoo and Aquarium Veterinarians, 11(2)
transformation in the zoo
Settling Nature: The Politics
veterinarian profession during
Humanimalia 49 (2020).
of Conservation in Palestine/
a time of ecological crisis, and what this transformation can teach us about how to care for a
Israel (University of Minnesota
Nof Kdumim: Imagining the Ancient
Press, forthcoming 2022).
Landscape in East Jerusalem’s National Parks, 4 Nature and Space:
diseased planet. I am currently working on a book manuscript on the management of national
Zoo Veterinarians: Governing
Environment and Planning E
Care on a Diseased Planet
109 (2020) (Special issue).
(Routledge, 2021).
parks and nature reserves in
Shifting Baselines in Coral
Palestine/Israel. I have also edited book collections on legal geography, gene editing and the environment, and ocean
Blue Legalities: The Life and
Conservation, 3(1) Nature and
Laws of the Sea (Irus Braverman
Space: Environment and Planning
& Elizabeth R. Johnson, eds.,
E 20 (2020) (Special issue).
Duke University Press, 2020).
legalities. I am currently editing
Fish Encounters: Aquariums and their
a collection on One Health.”
Coral Whisperers: Scientists
Veterinarians on a Rapidly Changing
on the Brink (The University
Planet, 11 Humanimalia 1 (Fall 2019).
of California Press, 2018).
12
Living on Coral Time: Debating
CHAPTERS
Robotic Life in the Deep Sea, in Blue
Conservation in the Anthropocene,
Coral Restoration and Citizen
Legalities 147 (Irus Braverman
1 Environment and Society Portal, Arcadia 1 (Spring 2019).
Scientists in the Anthropocene, in The Nature of Data: Infrastructures,
& Elizabeth R. Johnson, eds., Duke University Press, 2020).
Environments, Politics (Jenny E. Silent Springs: The Nature of Water and Israel’s Military Occupation,
Goldstein & Eric Nost, eds., Nebraska University Press, forthcoming 2022).
3 Environment and Planning E: Nature and Space 527 (2019).
Military-to-Wildlife Geographies: Bureaucracies of Cleanup and Conservation in Vieques, in Handbook
Animals, in Routledge Handbook
on the Geographies of Regions
for Law and Society (Mariana
and Territories 268 (Anssi Paasi,
Uprooting Identities: The Regulation
Valverde, Kamari M. Clarke, Eve
John Harrison & Martin Jones, eds.,
of Olive Trees in the Occupied West
Darian Smith & Prabha Kotiswaran,
Edward Elgar Publishing, 2018).
Bank, 7 Open Anthropology
eds., Routledge Press, 2021).
(2019) (Special issue).
Zooland: The Institution of Captivity, The Jewish National Fund, Trees,
in Surveillance Studies:
Law’s Underdog: A Call for Nonhuman
and Eco-Zionism, in JÜdischer
A Reader 59 (Torin Monahan
Legalities, 14 Annual Review of
Almanach 169 (2021) (in German).
& David Murakami Wood, eds.,
Law and Social Science 127 (2018).
Oxford University Press, 2018). Blue Legalities: Governing More Than
Nature as Spectacle, 101 Topos:
Human Oceans (with Elizabeth R.
The International Review
Johnson), in Blue Legalities: The
of Landscape Architecture
Law and Life of the Sea 1 (Irus
and Urban Design 80 (2018).
Braverman & Elizabeth R. Johnson, eds., Duke University Press, 2020).
Renouncing Citizenship as Protest: Reflections by a Jewish Israeli
Oculta a Plena Vista: La Geografía
Ethnographer, 44 Critical
Jurídica Desde Una Perspectiva
Inquiry 379 (Winter 2018).
Visual (with Elizabeth R. Johnson, Richard T. Ford, Mariana Valverde
Saving Species One Individual at a
& Maria Victoria Castro Cristancho),
Time: Zoo Veterinarians between
in Derecho y GeografÍa: Espacio,
Welfare and Conservation, 9
Poder Y Sistema JurÍdico 251
Humanimalia 1 (Spring 2018).
(Bogotá D. C. & Siglo Del Hombre, eds., Universidad de los Andes, 2020).
13
Luis E. Chiesa
PROFESSOR V I C E D E A N F O R D I V E R S I T Y, E Q U I T Y, A N D I N C L U S I O N DIRECTOR OF THE BUFFALO CRIMINAL L AW CENTER JSD, Columbia Law School LLM, Columbia Law School JD, University of Puerto Rico Law School BBA, University of Puerto Rico (716) 645-3152
lechiesa@buffalo.edu
AREAS OF INTEREST ANIMAL CRUELTY LAWS CRIMINAL LAW CRIMINAL PROCEDURE
My research lies
TORTS
at the intersection of
JURISPRUDENCE
criminal law, philosophy, and
MINDFULNESS AND LAW
comparative law. Drawing from my experience teaching and
ARTICLES
lecturing about criminal law in
Selective Incompatibilism, Free Will,
the United States, Canada, Latin
and the (Limited) Role of Retribution
America, Europe, and Asia, my
in Punishment Theory, 71 Rutgers
work aims to understand and
Law Review 977 (2020).
critique domestic criminal law doctrines by looking at how
Sexual Lynching, 29 Cornell Journal
other countries approach basic
of Law and Public Policy 759 (2020).
concepts of criminal theory.”
Comparative Analysis as an Antidote to Tunnel Vision in Criminal Law Reform: The Example of Complicity, 70 Rutgers Law Review 1117 (2018). Mens Rea in Comparative Perspective, 102 Marquette Law Review 575 (2018). The Model Penal Code, Mass Incarceration, and the Racialization of American Criminal Law, 25 George Mason Law Review 605 (2018). The Puzzle of Inciting Suicide (with Guyora Binder), 56 American Criminal Law Review 65 (2018).
14
Kim Diana Connolly PROFESSOR V I C E D E A N FO R A DVO C AC Y A N D E X P E R I E NTI A L E D U C ATI O N D I R E C TO R O F C LI N I C A L LE GA L E D U C ATI O N LLM, George Washington University Law School JD, Georgetown University Law Center AB, University of North Carolina at Chapel Hill (716) 645-2092
kimconno@buffalo.edu
AREAS OF INTEREST ADMINISTRATIVE LAW CLINICAL LEGAL EDUCATION ENVIRONMENTAL LAW INTERNATIONAL LAW
My substantive research
LAW AND SCIENCE
focuses on a number of related
LAW AND SOCIAL SCIENCE
areas, including wetlands law
LEGAL EDUCATION
and policy as well as other
LEGISLATION
environmental regulatory
NATURAL RESOURCES LAW
and related subjects. More
BOOKS
interest in how the mass media
recently I have added an covers environmental law
The Big Thaw: Policy, Governance
and policy matters. I have
and Climate Change in the
also conducted research
Circumpolar North (Kim Diana
on student learning and
Connolly, Errol Meidinger & Ezra B.W.
andragogical issues, including
Zubrow, eds., SUNY Press, 2019).
work on experiential and interdisciplinary learning. In
CHAPTERS
all cases, I seek to bring serious
Arctic Wetlands and Limited
scholarly study to pressing
International Protections: Can the
issues facing people and
Ramsar Convention Help Meaningfully
ecosystems on various levels.”
Address Climate Change?, in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North 201 (Kim Diana Connolly, Errol Meidinger & Ezra B.W. Zubrow, eds., SUNY Press, 2019).
15
Brian Detweiler A S S O C I ATE D I R E C TO R O F TH E CHARLES B. SEARS L AW LIBRARY JD, Notre Dame Law School MS, University at Buffalo BA, SUNY College at Brockport
(716) 645-2384
briandet@buffalo.edu
AREAS OF INTEREST LEGAL RESEARCH LEGAL TECHNOLOGY
My scholarship centers on
BOOKS
practical research skills as
New York Legal Research
well as the scholarly discussion
(with Beth Adelman, Courtney L.
currently taking place at
Selby & Kathleen Darvil) (Carolina
the intersection of legal
Academic Press, 4th ed., 2020).
technology and legal practice. I am interested in exploring
ARTICLES
the many ways that changes in technology have impacted
May It Please the Court: A Longitudinal
the practice of law, and how
Study of Judicial Citation to Academic
we can use that knowledge
Legal Periodicals, 39 Legal Reference
to provide our students with
Services Quarterly 87 (2020).
the practical skills they will need to be successful as they embark on their careers.”
16
17
Matthew Dimick PROFESSOR PhD, University of Wisconsin-Madison JD, Cornell Law School BA, Brigham Young University
(716) 645-7968
My research studies the relationship between law
mdimick@buffalo.edu
AREAS OF INTEREST
CHAPTERS
LABOR AND EMPLOYMENT LAW
Evgeny Pashukanis’ Commodity-
CONTRACTS
Form Theory of Law, in Research
TAX POLICY
Handbook on Law and Marxism
LEGAL THEORY
115 (Umut Özsu & Paul O’Connell eds.,
LAW AND ECONOMICS
Edward Elgar Publishing, 2021).
and economic inequality. While we may well condemn
ARTICLES
inequality as an injustice in
Counterfeit Liberty,
itself, it also has many negative
3(1) Catalyst 47 (2019).
side effects: a corrosion of the political process, skewed
The Law and Economics of
public policies, and an unstable
Redistribution, 15 Annual Review of
financial system, to name
Law and Social Science 559 (2019).
a few. While the causes of rising income inequality are
Models of Other-Regarding Preferences,
many and complex, the law
Inequality and Redistribution (with
undoubtedly plays a role.
David Rueda & Daniel Stegmueller),
Traditionally, the economic
21 Annual Review of Political
analysis of law has focused on
Science 441 (May 2018).
efficiency—how the law can make society’s economic pie larger. While using many of the same economist-inspired tools, my research uses a more sociologically-inspired set of questions to ask how the law distributes—slices up—the economic pie.”
18
David M. Engel SUNY DISTINGUISHED SERVICE PROFESSOR EMERITUS JD, University of Michigan Law School MA, University of Michigan AB, Harvard University
dmengel@buffalo.edu
AREAS OF INTEREST
CHAPTERS
TORTS
Blood Curse and Belonging in
LAW AND SOCIETY
Thailand: Law, Buddhism, and
ASIAN LEGAL CULTURES
Legal Consciousness, in Thai Legal
LEGAL ETHNOGRAPHY
History: From Traditional
My research traces the ways
RIGHTS CONSCIOUSNESS
to Modern Law 89 (Andrew
in which rights become active,
Harding & Munin Pongsapan, eds.,
identities are forged, and law is
Cambridge University Press, 2021).
woven into the fabric of day-
BOOKS Injury and Injustice: The
Legal Consciousness (with Lynette
Cultural Politics of Harm and
Chua), in Routledge Handbook
Redress (Anne Bloom, David M.
of Law and Society (Marianna
Engel & Michael McCann, eds.,
Valverde, Kamari M. Clarke, Eve
Cambridge University Press, 2018).
Darian Smith & Prabha Kotiswaran,
to-day experiences. One line of work examines the earliest stages of the tort law system, when individuals suffer traumatic physical harms and, in most cases, refuse to lodge a
eds., Routlege Press, 2021).
claim or even consult a lawyer.
ARTICLES Judging and Judgment in Contemporary
Chairs, Stairs, and Automobiles: The
Asia: Editor’s Introduction to
Cultural Construction of Injuries and
Special Issue, 8 Asian Journal
the Failed Promise of Law, in Injury
of Law and Society 1 (2021).
and Injustice: The Cultural
I explain this overwhelming preference for law avoidance by drawing on interdisciplinary studies of injury and cognition. Another line of work explores
Politics of Harm and Redress 117 States of Uncertainty: The Origins
(Anne Bloom & Michael McCann, eds.,
of “Law and Community in Three
Cambridge University Press, 2018).
recent transformations in law, culture, and society in Southeast Asia, with particular
American Towns”, PoLAR: Political and Legal Anthropology Review
Looking Backward, Looking Forward:
Online (July 2020) (Special issue:
Past and Future Lives of “The Oven
Festschrift for Carol Greenhouse).
Bird’s Song,” in Insiders, Outsiders,
attention to Thailand.”
Injuries, and Law in the 21st Legal Consciousness Reconsidered (with
Century: Revisiting “The Oven Bird’s
Lynette Chua), 15 Annual Review of
Song” 279 (Mary Nell Trautner, ed.,
Law and Social Science, 335 (2019).
Cambridge University Press, 2018).
19
Lucinda M. Finley FRANK G. RAICHLE PROFESSOR OF TR I A L A N D A P P E LL ATE A DVO C AC Y D I R E C TO R O F A P P E LL ATE A DVO C AC Y JD, Columbia University Law School BA, Barnard College
(716) 645-6152
finleylu@buffalo.edu
AREAS OF INTEREST TORT LAW AND GENDER ISSUES FEMINIST LEGAL THEORY REPRODUCTIVE RIGHTS
My research focuses on
EQUAL PROTECTION LAW AND EQUALITY THEORY
the gender-based impact
FIRST AMENDMENT AND LIMITS ON PROTEST ACTIVITY
of seemingly neutral tort doctrines. I am studying caps on non-economic damages to
BOOKS
demonstrate that caps have a
Feminist Judgments: Rewritten Tort
disparate impact on women, the
Opinions (with Martha Chamallas)
elderly, and children’s death
(Cambridge University Press, 2020).
cases. I’m also exploring why non-economic damages are an
CHAPTERS
under-sustained challenge,
Commentary on Emerson v.
and why women tend to receive
Magendantz, in Feminist Judgments:
greater proportions of their
Rewritten Tort Opinions 291 (Martha
tort awards in non-economic
Chamallas & Lucinda Finley, eds.,
damages, as well as other
Cambridge University Press, 2020).
important empirical questions about the hidden or unintended
Introduction (with Martha Chamallas),
consequences of tort reform,
in Feminist Judgments: Rewritten
including how it will affect
Tort Opinions 3 (Martha Chamallas
lawyers’ case selection and
& Lucinda Finley, eds., Cambridge
settlement strategies. Better
University Press, 2020).
understanding of the actual consequences of legal change on the institutional players and the people who seek access to the civil justice system can lead to sounder and more equitable law reform.”
20
Rebecca R. French PROFESSOR PhD, Yale University LLM, Yale Law School JD, University of Washington Law School BA, University of Michigan
(716) 645-2159
rrfrench@buffalo.edu
AREAS OF INTEREST PROPERTY LAW BUDDHISM AND LAW ANTHROPOLOGY OF LAW COMPARATIVE LAW
In the course of my
LAW AND RELIGION
investigation of the Tibetan legal system, I discovered a gaping hole in the substantial
ARTICLES
discipline of Religious Legal
The Role of Pilgramages,
Studies — the study of Buddhist
Travelogues and Scholarly Reports
legal systems. Incredibly,
in Buddhist Law, 5 Buddhism,
almost nothing has been
Law and Society vii (2020).
written on the legal systems that were influenced by
The Anthropology of Religion
Buddhism, one of the largest
and Law, 45(3) Religious
world religions with a 2,500
Studies Review 153 (2019).
year history and 500 million followers. My project for the
The Integrated Discipline of
last several years has been
Buddhism and Law, 4 Buddhism,
to write in this area, to edit
Law and Society vii (2019).
a journal called Buddhism, Law & Society available through Hein Publishing, and to organize conferences with international scholars to talk, think and write about this exciting new subject matter.”
21
James A. Gardner BRIDGET AND THOMAS BLACK SUNY DISTINGUISHED PROFESSOR JD, University of Chicago Law School BA, Yale University
(716) 645-3607
jgard@buffalo.edu
AREAS OF INTEREST CONSTITUTIONAL STRUCTURE OF POLITICS LAW AND DEMOCRATIC THEORY ELECTION LAW
The Trump presidency,
FEDERALISM
and the social and political
STATE CONSTITUTIONAL LAW
movements it summoned forth, have drastically altered the constitutional, democratic, and political landscapes. My most recent work, drawing heavily on comparative sources tracing the rise of authoritarianism around the globe, focuses on the impact that American populism and authoritarianism have
Transmission of Mastery, 69 Buffalo Law Review 55 (2021). Democratic Legitimacy under Conditions of Severely Depressed Voter Turnout, University of Chicago Law Review Online 24 (2020).
BOOKS
Lessons from a Journey through
Comparative Election Law
Subnational Constitutional
(edited volume) (Edward Elgar
Law, 72 Rutgers University
Publishing, forthcoming 2022).
Law Review 1187 (2020).
Legal Argument: The Structure and
Active Judicial Governance, 51 New
Language of Effective Advocacy
England Law Review 545 (2018).
(with Christine Bartholomew) (Carolina
had, and are having, on the
Academic Press, 3rd ed., 2020).
U.S. system of constitutional
The Theory and Practice of Contestatory Federalism, 60 William
democracy. The questions
Election Law in the American
I seek to address are basic,
& Mary Law Review 507 (2018).
Political System (with Guy-Uriel
and alarming: Will American democracy survive? Will Americans continue to enjoy
Charles) (Aspen, 2nd ed., 2018)
CHAPTERS
(1st ed. 2012).
The Concept of “Equilibrium” in Federal Constitutions, in The Law and Politics
the liberties to which they have become accustomed? Will the long American project
ARTICLES
of Federalism (Erin F. Delaney, ed.,
Federalism and the Limits of
Edward Elgar, forthcoming 2022).
Subnational Political Heterogeneity,
to perfect a liberal democracy of
Wisconsin Law Review 1097 (2021).
equal citizens continue in any
El Misterioso Exito de una Democracia Federal, in Democracia y Forma
form, or will it be abandoned?”
Illiberalism and Authoritarianism in
Constitucional (Pablo C. Riberi
the American States, 70 American
& Pedro Salazar, eds., Instituto de
University Law Review 829 (2021).
Investigaciones Juridicas, Universidad Nacional Autónoma de México,
The Illiberalization of American Election Law: A Study in Democratic Deconsolidation, 90 Fordham Law Review 423 (2021).
22
forthcoming 2022) (Spanish).
Electoral Systems and Conceptions of
Strongmen and Neurotics: Visible
Presidential Selection: Historical,
Politics, in Comparative Election
Struggle and the Construction of
Institutional, and Democratic
Law (James A. Gardner, ed., Edward
Judicial Ethos, in Justice Anthony
Perspectives, in The Best Candidate:
Elgar Publishing, forthcoming 2022).
M. Kennedy: The Rhetoric of
Presidential Nomination in
Liberty (David Frank & Francis J.
Polarized Times 10 (Eugene Mazo
Equilibrium and Sustainability in
Mootz, III, eds., Pennsylvania State
& Michael Dimino, eds., Cambridge
Federal Systems, in Handbook of
University Press, forthcoming 2022).
University Press, 2020).
(César Colino, ed., Edward Elgar,
Subnational Constitutionalism in
BOOK REVIEWS
forthcoming 2022).
the United States, in Handbook of
Book Review, 48(3) Publius: The
Subnational Constitutions and
Journal of Federalism e4 (2018)
Introduction: Election Law - Universal
Constitutionalism 294 (Patricia
(reviewing Francesco Palermo
or Particular?, in Comparative
Popelier, Giacomo Delladone &
& Karl Kössler, Comparative
Election Law (James A. Gardner,
Nicholas Aroney eds., Routledge, 2021).
Federalism: Constitutional
Federations and Federal Studies
ed., Edward Elgar Publishing,
Arrangements and Case Law (Hart
forthcoming 2022).
Publishing, 2017)).
23
Alexandra Harrington A S S O C I ATE P R O F E S S O R DIRECTOR OF THE CRIMINAL JUSTICE ADVOCACY CLINIC DIRECTOR OF THE INNOCENCE AND JUSTICE PROJECT JD, Yale Law School BA, Vanderbilt University (716) 645-2108
aharr@buffalo.edu
AREAS OF INTEREST CRIMINAL LAW CRIMINAL PROCEDURE CONSTITUTIONAL LAW
I am interested in how recent
JUVENILE JUSTICE
Supreme Court decisions
PRISONERS’ RIGHTS
that constitutionally limit
SENTENCING & PAROLE
sentences for people who were children at the time of
ARTICLES
the crime might transform
The Constitutionalization of
our understanding of parole’s
Parole: Fulfilling the Promise of
function. My research explores
Meaningful Review, 106 Cornell
the constitutional dimensions
Law Review 1173 (2021).
of parole and the need for judicial oversight of parole
REPORTS
board decisions. I seek to
Time-in-Cell: A 2019 Snapshot
understand how our conception
of Restrictive Housing based
of juveniles’ culpability and
on Nationwide Surveys of
capacity for rehabilitation
U.S. Prison Systems (with
informs the nature of the
Judith Resnik, et al.)(2020).
parole hearing, not only for people who committed crimes
Reforming Restrictive Housing:
as children, but also, more
The 2018 ASCA-Liman Nationwide
broadly, for those convicted
Survey of Time-in-Cell (with
as adults. My work has drawn
Judith Resnik, et al.)(2018).
from my experience as a public defender representing clients in motions for resentencing and in parole hearings.”
24
Alfred S. Konefsky UB DISTINGUISHED PROFESSOR EMERITUS JD, Boston College Law School BA, Columbia University
konefsky@buffalo.edu
AREAS OF INTEREST AMERICAN LEGAL HISTORY AMERICAN CONSTITUTIONAL HISTORY CONTRACTS
Alfred S. Konefsky, a UB
MELVILLE AND THE LAW
Distinguished Professor, joined the University at Buffalo
ARTICLES
School of Law faculty in 1977
John Henry Schlegel and The
after serving as the Charles
Muppet Show, 69 Buffalo
Warren Fellow in American
Law Review 101 (2021).
Legal History at Harvard Law School and as editor of Legal
CHAPTERS
Papers of Daniel Webster at
Karl’s Law School, or the Oven Bird
Dartmouth College. He taught
in Buffalo, in Insiders, Outsiders,
contracts and a variety of
Injuries and Law in the 21st
courses in American legal
Century: Revisiting “The Oven Bird’s
history, including the subject
Song” 56 (Mary Nell Trautner, ed.,
areas of the 19th century (from
Cambridge University Press, 2018).
the Revolution to the Civil War), the colonial period, law and American labor history, American constitutional history, and Melville and the law.
25
Meredith Kolsky Lewis PROFESSOR V I C E D E A N FO R I NTE R N ATI O N A L A N D G R A D UATE P R O G R A M S DIRECTOR OF THE CROSS-BORDER LEGAL STUDIES CENTER JD, Georgetown University Law Center MSFS, Georgetown University BA, Northwestern University (716) 645-1631
mlewis5@buffalo.edu
AREAS OF INTEREST
CHAPTERS
INTERNATIONAL ECONOMIC LAW
Dissents, in Research Handbook on
INTERNATIONAL TRADE LAW
WTO Dispute Settlement (Simon
INTERNATIONAL DISPUTE SETTLEMENT
Lester & Bryan Mercurio, eds., Edward
My research focuses on
FREE TRADE AGREEMENTS
Elgar Publishing, forthcoming 2022).
international trade law,
WORLD TRADE ORGANIZATION LAW
particularly issues relating to
Import and Export Controls, in International Commercial
the World Trade Organization, free trade agreements, dispute settlement and trade policy. My
BOOKS
Contracts (Petra Butler, ed., Oxford
A Post-WTO International
University Press, forthcoming 2022).
Legal Order: Utopian, Dystopian
scholarship is influenced by my background in international relations and economics. I also have a strong interest in the Asia-Pacific, a result of having lived and worked
and Other Scenarios (Meredith
Winning Strategy or Own Goal?
Kolsky Lewis, Junji Nakagawa,
Reflections on the United States
Rostam J. Neuwirth, Colin B.
Exiting the Trans-Pacific Partnership,
Picker & Peter Tobias Stoll, eds.,
in Rethinking, Repackaging and
Springer Nature, 2020).
Rescuing World Trade Law in the Post-Pandemic Era (Amrita
in New Zealand and Japan.”
ARTICLES
Bahri, Daria Boklan & Weihuan
The Origins of Plurilateralism
Zhou, eds., Hart Publishing, 2021).
in International Trade Law, 20 Journal of World Investment
The TPP as a Potential New Paradigm
& Trade 633 (2019).
for Trade Agreements: Implications and Opportunities, in El TLCAN Frente a Nuevas Negociaciones Comerciales Regionales: el TPP y el TTIP (María Celia Toro Hernández, ed., 2020) (translated into Spanish). The Embedded Liberalism Compromise in the Making of the GATT and Uruguay Round Agreements, in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited 12 (Gillian Moon & Lisa Toohey, eds., Cambridge University Press, 2018).
26
BOOK REVIEWS Book Review, 112 American Journal of International Law 136 (2018) (reviewing A History of Law and Lawyers in the GATT/ WTO (Gabrielle Marceau, ed., Cambridge University Press, 2015)). OTHER Geopolitical Implications of the Regional Comprehensive Economic Partnership (RCEP), in Afronomics Law Symposium on the Regional Comprehensive Economic Partnership (2021). afronomicslaw.org/category/ analysis/geopolitical-implicationsregional-comprehensiveeconomic-partnership-rcep
27
Paul Linden-Retek LECTURER IN L AW & SOCIET Y R E S E A R C H F E LLOW AT TH E B A LDY C E NTE R FOR L AW & SOCIAL POLICY PhD, Yale University JD, Yale Law School AB, Harvard University (716) 645-5541
Combining interests in critical political thought with international socio-legal
plinden@buffalo.edu
AREAS OF INTEREST
CHAPTERS
COMPARATIVE CONSTITUTIONAL LAW
Constitutional Patriotism as Europe’s
CRITICAL POLITICAL AND SOCIAL THEORY
Public Philosophy? On Solidarity and
INTERNATIONAL HUMAN RIGHTS
Responsiveness in Post-National Law,
LAW AND LITERATURE
in EU Constitutional Imagination:
REFUGEE AND ASYLUM LAW
Between Ideology and Utopia
TRANSFORMATIONS OF SOVEREIGNTY
(Jan Komárek, eds., Oxford University
ARTICLES
Judith Shklar’s Critique of Legalism (with
Neither Trumps nor Interests:
Seyla Benhabib), in The Cambridge
Rights, Pluralism, and the Recovery
Companion to the Rule of Law 295
of Constitutional Judgment, 70(3)
(Jens Meierhenrich & Martin Loughlin
Cleveland State Law Review
eds., Cambridge University Press, 2021).
studies, I study transformations of legal and political form under contemporary globalization. My current research examines the legality and democratic legitimacy we find in the overlapping jurisdictions of
Press, forthcoming 2022).
(forthcoming 2022).
the European Union—and
OTHER
recommends caution in seeing either commercial integration or human rights as adequate frameworks for justifying and sustaining post-national
History, System, Principle, Analogy:
Whose Suffering Matters, Boston
Four Paradigms of Legitimacy in
Review Online Forum (September
European Law, 26(3) Columbia
2020). bostonreview.net/law-justice/
Journal of European Law 1 (2021).
paul-linden-retek-whosesuffering-matters
law. In their place, I develop a
The Refugees We Are: Solidarity,
critical legal theory centered
Asylum, and Critique in the European
on narrative—the extended
Constitutional Imagination, 22(4)
temporal character of political
German Law Review 506 (2021).
life—as the paradigmatic form in which to reimagine
Our Fleeting Moments: Legal Thought
solidarity, legal interpretation
in a Confessional Key, Law, Culture,
and authority, and constituent
and the Humanities 1 (2020).
power beyond the nationstate. Speaking to the EU’s
The Subjects of Spatial Statism:
enduring challenges, this work
Reclaiming Politics and Law in
devotes particular attention
International Entanglement, 18(1)
to migration and asylum,
International Journal of
where struggles over the
Constitutional Law 36 (2020).
meaning of solidarity, law, and political membership are most acute and generative.”
28
29
Susan V. Mangold P R O F E S S O R E M E R ITA CHIEF EXECUTIVE OFFICER OF THE JUVENILE L AW CENTER JD, Harvard Law School BA, Harvard College
svm@buffalo.edu
AREAS OF INTEREST CHILD WELFARE LAW CHILDREN AND THE LAW JUVENILE JUSTICE
It is a privilege to be able to engage with the National
BOOKS
Academy of Sciences,
Children and the Law in a
Engineering and Medicine
Nutshell (with Douglas E. Abrams
to ensure that adolescent
& Sarah H. Ramsey) (West Academic
developmental science
Publishing, 7th ed., 2021).
is central to policies and litigation that impact youth in
Children and the Law: Doctrine,
the justice and child welfare
Policy, and Practice (with Douglas
systems. Continuing to serve
E. Abrams & Sarah H. Ramsey)
as the co-editor of Children
(West Academic, 7th ed., 2020).
and the Law allows me to introduce a wide range of materials for law students to study while also furthering a part of Juvenile Law Center’s mission to grow the field of children’s rights attorneys.”
30
A Succinct Look at Child Welfare Doctrine and Policy The seventh edition of Children and the Law in a Nutshell (West Academic Publishing, 2021) complements the authors’ casebook Children and the Law: Doctrine, Policy, and Practice and explores the status, rights, and obligations of children throughout American law. This latest edition, co-authored by Susan Vivian Mangold with Douglas E. Abrams and Sarah H. Ramsey, gives particular focus to the meaning of “parent,” civil and criminal abuse and neglect, the foster care system, adoption, medical decisionmaking, protective legislation, delinquency, and support and other financial responsibilities. International law issues are also explored for comparative purposes including the UN Convention on the Rights of the Child, international child labor, and U.S. tobacco exports. The more recent impact of the COVID-19 pandemic on child protection, foster care, and juvenile justice systems is brought into light for the benefit of all whose work contributes to the well-being of our children.
Lynn Mather S U N Y D I S TI N G U I S H E D S E RV I C E P R O F E S S O R E M E R ITA PhD, University of California, Irvine BA, University of California, Los Angeles
lmather@buffalo.edu
AREAS OF INTEREST
CHAPTERS
LEGAL PROFESSION
When and Why Do Lawyer
LAW AND SOCIAL POLICY
Organisations Seek to Influence Law?
COURTS AND CONFLICT RESOLUTION
(with Leslie C. Levin) in Lawyers
LAW AND SOCIETY
in 21st-Century Societies,
What influences lawyers in
vol. 2 (Richard Abel et al., eds.,
their decisions at work and
Hart, forthcoming 2022).
how do those factors vary in
ARTICLES Communities of Scholars and
Client Selection: How Lawyers Reflect
Communities of Practice, 48 Journal
and Influence Community Values,
of Law and Society 25 (2021).
in Insiders, Outsiders, Injuries &
different fields of legal practice? My research has explored these questions empirically in studies of lawyers working
Law: Revisiting “The Oven Bird’s What is a ‘Case’?, 11(2) Onati
Song” 82 (Mary Nell Trautner, ed.,
Socio-Legal Series 355 (2021).
Cambridge University Press, 2018).
Beyond the Guild: Lawyer Organizations
BOOK REVIEWS
and Law Making (with Leslie C. Levin)
Book Review, 46 Journal of Law and
18 Washington University Global
Society 691 (2019) (reviewing Richard
Studies Law Review 589 (2019).
Moorhead, Steven Vaughan and
in different areas. Also, what values do bar associations pursue through lawyer regulation and other efforts to influence law? My recent work involves comparative studies of international lawyer organizations and of lawyer
Cristina Godinho, In-House Lawyers’ The Impact of International
Ethics: Institutional Logics, Legal
Lawyer Organizations on Lawyer
Risk and the Tournament of
Regulation (with Leslie C. Levin
Influence (Hart Publishing, 2018)).
organizations in different countries. The role of courts in conflict resolution and policymaking constitutes another
and Leny de Groot-van Leeuwen)
central research area for me.
42 Fordham International
What is a ‘case’? The concept
Law Journal 407 (2018).
of a case in court involves multiple perspectives, from the litigants’ interest in filing a claim to the governments’ interest in designating certain conduct as ‘illegal.’”
31
Martha T. McCluskey P R O F E S S O R E M E R ITA W I L L I A M J . M A G A V E R N F A C U LT Y S C H O L A R E M E R I TA JSD, Columbia University School of Law LLM, Columbia University School of Law JD, Yale Law School BA, Colby College mcclusk@buffalo.edu
AREAS OF INTEREST LAW AND ECONOMICS CLIMATE JUSTICE CONSTITUTIONAL LAW
My interest is in exploring
WELFARE LAW
questions of economic policy
GENDER AND LAW
and regulation from outside
CRITICAL LEGAL STUDIES
the conventional boundaries
HEALTH LAW
and strained assumptions of
EMPLOYMENT LAW
‘private’ law and neo-classical economics. As part of the growing Law and Political Economy movement, I am
Are We Economic Engines Too? Precarity, Productivity and Gender, 49 Toledo Law Review 631 (Spring 2018) (Symposium Issue, Gender Equality: Progress and Possibilities). Civil Justice in the United States: How Access to Courts is Essential to a Fair Economy (with Thomas
FAMILY LAW
McGarity, Sidney Shapiro, Karen
DISABILITY LAW
Sokol & James Goodwin), Center for
CIVIL RIGHTS LAW
Progressive Reform (Sep. 2018).
RACE AND THE LAW
active in several scholarly organizations focused on developing an affirmative vision of legal economics
INSURANCE AND THE LAW
Defining the Economic Pie, Not
OCCUPATIONAL SAFETY AND HEALTH
Dividing or Maximizing It, 5 Critical
GOVERNMENT ETHICS
Analysis of Law 77 (April 2018).
REGULATION
capable of responding to contemporary crises of climate, health, inequality, and democracy. My work challenges the divide between economics
ENERGY LAW
CHAPTERS
HIGHER EDUCATION LAW
Critical Legal Power for Twenty-First
FINANCE
Century Change, in De Lege 2020:
ARTICLES
and social justice, and draws
Voices on Law and Activisim (Maria Grahn-Farley, eds., Iustus, 2021).
All Costs Have a Right, in Eleven Things
on critical legal perspectives to examine the relationships between economics and questions of race, gender, class, sexuality, and disability status.”
32
They Don’t Tell You About Law and
Law and Economics Against Feminism,
Economics: An Informal Introduction
in Oxford Handbook on Feminism
to Political Economy and the Law, 37
and Law in the U.S. (Deborah L. Brake,
Law & Inequality: A Journal of
Martha Chamallas & Verna L. Williams
Theory and Practice 105 (2019).
eds., Oxford University Press, 2021).
Errol Meidinger
SUNY DISTINGUISHED PROFESSOR EMERITUS M A RGA RET W. WONG PROFE S SOR E M E R ITU S HONORARY PROFESSOR, UNIVERSIT Y OF FREIBURG, GERMANY PhD, Northwestern University JD, Northwestern University School of Law MA, Northwestern University BA, University of North Dakota eemeid@buffalo.edu
AREAS OF INTEREST
CHAPTERS
ADMINISTRATIVE LAW
Governance Interactions in Sustainable
ENVIRONMENTAL LAW
Supply Chains Management,
INDIGENOUS PEOPLES’ LAW
in Transnational Business
INTERNATIONAL BUSINESS TRANSACTIONS
Governance Interactions:
INTERNATIONAL ENVIRONMENTAL LAW
My research focuses on how
Advancing Marginalized Actors
INTERNATIONAL TRADE AND ENVIRONMENT
non-governmental actors
and Enhancing Regulatory
interact with each other and
Quality 52 (Stepan Wood, Rebecca
with governments to establish
Schmidt, Errol Meidinger, Burkard
and maintain transnational
Eberlein & Kenneth Abbott, eds.,
regulatory programs in
Edward Elgar Publishing, 2019).
fields where governments
LEGAL THEORY SOCIOLOGY OF LAW
BOOKS The Big Thaw: Policy, Governance and Climate Change in the
The Trans-Pacific Partnership
Circumpolar North (Ezra B.W.
Agreement and Environmental
Zubrow, Errol Meidinger & Kim Diana
Regulation, in Megaregulation
Connolly, eds., SUNY Press, 2019).
Contested: Global Economic
have typically been the main regulators—e.g., environmental protection, human rights, and food safety. I am studying how effective, fair, and
Ordering After TTP 175 (Benedict Transnational Business
Kingsbury, et al., eds., Oxford
Governance Interactions:
University Press, 2019).
democratic the emerging governance ecosystems are, and particularly, how competition
Advancing Marginalized Actors and Enhancing Regulatory
OTHER
Quality (Stepan Wood, Rebecca
Environmental Principles in
Schmidt, Errol Meidinger, Burkard
U.S. and Canadian Law (with
Eberlein & Kenneth Abbott, eds.,
Daniel A. Spitzer & Charles W.
Edward Elgar Publishing, 2019).
Malcomb), in Elgar Encyclopedia
and cooperation among the different regulators affects the overall system. It is important to understand these processes because the nation states have had great difficulty in
of Environmental Law 405 ARTICLES
creating effective international
(Edward Elgar Publishing, 2018).
environmental and social
Forward: Tempering Power, 67(3)
regulatory programs. As
Buffalo Law Review 519 (2019).
non-governmental programs become more important, we may also need to revise some of our main assumptions about what counts as law and how law is made and implemented.”
33
Athena D. Mutua PROFESSOR AND FLOY D H . AND HILDA L . HURST F A C U LT Y S C H O L A R LLM, Harvard Law School MA, American University JD, American University Washington College of Law BA, Earlham College (716) 645-2873
My work is inspired by much of the activism (both recent
admutua@buffalo.edu
AREAS OF INTEREST
ARTICLES
BUSINESS ASSOCIATIONS
Mapping Racial Capitalism:
CIVIL RIGHTS LAW
Implications for Law (with
CONSTITUTIONAL LAW
Carmen G. Gonzalez), Journal
CRITICAL RACE AND FEMINIST LEGAL THEORY
of Law and Political Economy
LAW AND POLITICAL ECONOMY
and historical) around the pursuit of human dignity,
(forthcoming 2022). A ClassCrits Time?: Building Institutions, Building Frameworks –
democracy, justice, and
Law, Class & Racial Capitalism,
prosperity. My scholarship
1 Journal of Law and Political
focuses specifically on issues
Economy 333 (2021).
related to racial, economic, and gender justice. In it, I seek
Liberalism’s Identity Politics: A Reply
to map the mechanisms by
to Fukuyama, 23 University of
which law, together with
Pennsylvania Journal of Law
other social structures, works
and Social Change 27 (2020).
to both hinder and support these justice pursuits.”
34
Makau W. Mutua SUNY DISTINGUISHED PROFESSOR M A RGA RET W. WONG PROFE S SOR SJD, Harvard Law School LLM, Harvard Law School LLM, University of Dar-es-Salaam (Tanzania) LLB, University of Dar-es-Salaam (Tanzania) (716) 645-2311
mutua@buffalo.edu
AREAS OF INTEREST
CHAPTERS
PUBLIC INTERNATIONAL LAW
The Fraud of John Locke: Subnational
HUMAN RIGHTS
Challenges to Democratic Theory,
INTERNATIONAL BUSINESS TRANSACTIONS
in Comparative Election Law
POST-COLONIALISM
(James A. Gardner, ed., Edward Elgar
My scholarship has
THIRD WORLD APPROACHES TO INTERNATIONAL LAW (TWAIL)
Publishing, forthcoming 2022).
centered on state
STATE RECONSTRUCTION POST-CONFLICT SOCIETIES CONSTITUTION-MAKING TRANSITIONAL JUSTICE
BOOKS The Palgrave Handbook of Democracy, Governance and Justice in Africa (Romola Adeola & Makau W. Mutua, eds., Palgrave Macmillan, forthcoming 2022).
legitimacy, postcolonialism,
Illiberalism, Human Rights, and
constitutionalism, and the
the Rule of Law: A Kenyan Paradox,
critiques of the human
in The Palgrave Handbook
rights idiom. In a world that
of Kenya and its History
is increasingly defined by
(Wanjala Nasong’o, ed., Palgrave
relativism — and the expansion
MacMillan, forthcoming 2021).
of the meaning and content of freedom — shackles of state
A Problem of Utopia: Human Rights
power are constantly being
and Transitional Justice, in The
loosened. Human rights are
Oxford Handbook of Transitional
the medium of choice for
Justice (Jens Meierhenrich &
this discourse which has
Alexander Lahan Hinton eds., Oxford
become indispensable in
University Press, forthcoming 2021).
post-colonial societies, by far the overwhelming majority
Slavery, Universities, and Reparations,
of the earth’s inhabitants.
in Time for Reparations: A
How societies resolve the
Global Perspective (Jacqueline
questions I tackle may very
Bhabha, Margareta Matache &
well determine the pace at
Caroline Elkins, eds., University
which the chasm between
of Pennsylvania Press, 2021).
power and powerlessness shrinks or grows.”
Die Rolle von Nichtregierungsorganisationen bei der Rechtserzeugung [The Role of NGOs in the Creation of Norms], in Dekoloniale Rechtskritik und Rechtspraxis (Karina Theurer & Wolfgang Kaleck eds., Nomos, 2020).
35
Tolulope F. Odunsi L E C T U R E R I N L A W, L E G A L A N A LY S I S , WRITING AND RESEARCH JD, American University, Washington College of Law BS, Binghamton University
(716) 645-2354
tfodunsi@buffalo.edu
AREAS OF INTEREST LEGAL RESEARCH AND WRITING EMPLOYMENT DISCRIMINATION LAW CIVIL RIGHTS LAW
My work focuses on
CRITICAL RACE THEORY
understanding intersectional
DIVERSITY IN LEGAL PRACTICE
analysis to address the legal
ARTICLES
and administrative systems
Remedying Trait-based
that perpetuate inequality
Employment Discrimination:
in all facets of society. Since
Lessons from the CROWN Act, 14
much of the law related to
Northeastern University Law
discrimination focuses on
Review (forthcoming 2022).
single-axis analysis, my work also explores the ways in
CHAPTERS
which legal systems and other
Is Race Really the Issue? Examining the
institutions have not caught up
Fallacy of “Black Foreigner Privilege,”
in recognizing the intersections
in Pan African Spaces: Essays
of race, gender, ethnicity,
on Black Transnationalism 31
citizenship, physical ability,
(Msia Kibona Clark, Loy L. Azalia
and socioeconomic status.”
& Phiwokuhle Mnyandu, eds., Rowman & Littlefield, 2018).
36
Anthony O’Rourke JOS E PH W. B E LLUCK A N D L AU R A L . ASWA D PROFESSOR OF CIVIL JUSTICE DIRECTOR OF THE ADVOCACY INSTITUTE JD, Columbia Law School BA, University of Michigan
(716) 645-3097
aorourke@buffalo.edu
AREAS OF INTEREST CRIMINAL LAW AND PROCEDURE CONSTITUTIONAL LAW LEGISLATION STATUTORY INTERPRETATION
Much of my research lies at
LEGAL THEORY
the intersection of criminal procedure and structural
ARTICLES
constitutional law. I am
Defunding Police Agencies (with
currently exploring how
Guyora Binder & Rick Su) 71 Emory
political and economic
Law Journal (forthcoming 2022).
conditions affect the capacity of courts to solve difficult
The Ostensible (and, at times, Actual)
doctrinal problems as well
Virtue of Deference, 131 Yale Law
as how these conditions help
Journal Forum (forthcoming 2021).
structure policing and the criminal law system more
Disbanding Police Agencies (with
broadly. Using a methodological
Guyora Binder & Rick Su), 121
approach that integrates
Columbia Law Review 1327 (2021).
doctrinal analysis with legal theory and social science, my
Parallel Enforcement and Agency
work challenges some common
Interdependence, 77 Maryland
assumptions concerning
Law Review 985 (2018).
how institutional pressures shape both constitutional and
CHAPTERS
statutory interpretation.”
Pretrial Self-Incrimination, Miranda, and Truth, in Interrogation, Confession and Truth 29 (Lutz Eidam, Michael Lindemann & Andreas Ransiek, eds., Nomos Verlagsgesellschaft, 2020).
37
Stephen J. Paskey CO O R D I N ATO R O F TH E L AW R P R O G R A M L E C T U R E R I N L A W, L E G A L A N A LY S I S , WRITING AND RESEARCH JD, University of Maryland School of Law BA, Michigan State University
(716) 645-5044
We tend to think of law as a
sjpaskey@buffalo.edu
AREAS OF INTEREST
ARTICLES
LAW AND NARRATIVE
Reframing Law’s Domain: Narrative,
LAW AND RHETORIC
Rhetoric, and the Forms of Legal
REFUGEE AND ASYLUM LAW
Rules, 29 Narrative 178 (2021). On Justice: An Origin Story, 68
logical system of rules, but legal
Buffalo Law Review 1515 (2020).
rules are ultimately made of words and the relationships between them. My work focuses on the implications of that simple fact, using concepts from rhetorical theory, narrative theory, cognitive linguistics, and other disciplines to question the conventional understanding of what legal rules are, how they work, and how lawyers, judges, and juries reason in real-world cases.”
38
John Henry Schlegel UB DISTINGUISHED PROFESSOR F L OY D H . A N D H I L D A L . H U R S T F A C U LT Y S C H O L A R JD, University of Chicago Law School BA, Northwestern University
(716) 645-2746
schlegel@buffalo.edu
AREAS OF INTEREST
CHAPTERS
AMERICAN LEGAL REALISM
Wesley Newcomb Hohfeld: On the
LEGAL HISTORY OF THE AMERICAN ECONOMY
Difficulty of Becoming a Law Professor,
CORPORATE FINANCE
Edited Work, Select Personal
ECONOMIC REDEVELOPMENT OF RUST BELT CITIES
I continue to work on a book
Papers, and Original Commentaries
about law and economy in the
(Shyam Balganesh, Ted Sichelman
1950s. What fascinates about
BOOKS
& Henry Smith, eds., Cambridge
this now long-passed time is
While Waiting for Rain:
University Press, forthcoming 2022).
that its understanding of what
Community, Economy and Law in
Sez Who?: Critical Legal History
makes up a ‘good economy’ is so
a Time of Change (University of
without a Privileged Position, in The
Michigan Press, forthcoming 2022).
Oxford Handbook of Historical
in Wesley Hohfeld A Century Later:
unlike our own, and yet, that lost understanding structures so much of the debate about
Legal Research 561 (Chris
the economy ever since. Such
ARTICLES
Tomlins & Markus Dubber, eds.,
If the Music Hadn’t Stopped, or
Oxford University Press, 2018).
nostalgia for an unrecoverable
BOOK REVIEWS
may be a theme here. Most of my
Reflections on the Great Kerfuffle: Historicism’s Continuing Grasp for Truth, 31 Yale Journal of Law and Humanities 276 (2021). Saying Thanks with Some Self-Reflection, 69 Buffalo Law Review 201 (2021). To Dress for Dinner: Teaching Law in a Bureaucratic Age, 66 Buffalo Law Review 435 (2018).
past is pathological, but there
Book Review, Law & History
earlier work is directed toward
Review 615 (2021) (reviewing Susan
recovering pasts that have been
Bartie, Free Hands, Free Minds:
pathologically distorted in our
Pioneering Australian Legal
presents. And I’ve begun to
Scholars (Hart Publishing, 2019)).
return to another such topic –
Book Review, 84 Modern Law Review
American Legal Realism.”
946 (2021) (reviewing Bruce A. Kimball & Daniel Coquillette, Intellectual Sword: Harvard Law School: The Second Century (Belknap Press, 2020)).
A Seriously Fun Look at Law and Society A recent issue of the Buffalo Law Review (vol. 69, 2021) devotes itself to the teaching, scholarship and unique personality of UB School of Law’s longest-serving active faculty member, John Henry Schlegel. “Serious Fun – A conference with & around Schlegel” collects nine original essays by colleagues and interlocutors of the UB Distinguished Professor, a foreword, and a closing reflection by Schlegel himself. Schlegel joined the UB Law faculty in 1973. His scholarship has had significant influence on the way we view two critical moments in the U.S. legal academy – American Legal Realism and Critical Legal Studies. Generations of UB Law students have experienced his broadly informed yet intensely personal engagement with how law works in our society and have come away challenged to look in new ways at the law and its practice.
39
Amy Semet A S S O C I ATE P R O F E S S O R PhD, Columbia University MPhil, Columbia University JD, Harvard Law School MA, Columbia University BA, Dartmouth College (716) 645-8162
amysemet@buffalo.edu
AREAS OF INTEREST ADMINISTRATIVE LAW CIVIL PROCEDURE CONSTITUTIONAL LAW
My research focuses on
EMPIRICAL LEGAL STUDIES
studying legal institutions
INTELLECTUAL PROPERTY LAW
in intellectual property law
LAW AND SOCIAL SCIENCE
(particularly patent law)
LEGISLATION
and administrative law from an empirical and statistical perspective. I have created several databases of
Review vol. 12 (forthcoming 2022).
law so as to better understand
Statutory Interpretation, 103(5) Minnesota Law Review 101 (2019).
Litigation: A Review of the Patent Pilot
Empirical Analysis, UC Irvine Law
labor law, and environmental
An Empirical Examination of Agency
Specialized Trial Courts in Patent
Deference in the Appellate Courts: An
property law, immigration law,
69 Duke Law Journal 1855 (2020).
PROPERTY
Statutory Interpretation and Chevron
court decisions in intellectual
Detention (with Catherine Y. Kim),
PATENT LAW
ARTICLES
administrative agency and
Presidential Ideology and Immigrant
Program’s Impact on Appellate Reversal Rates at the Five-Year Mark, 60(2) Boston College Law Review 519 (2019). Judicial Elections, Public Opinion, and Decisions on Lower Salience Issues (with Brandice Canes-Wrone
how agencies and courts make decisions. This empirical research then allows me to
An Empirical Study of Political Control
& Tom Clark ), 15(4) Journal of
Over Immigration Adjudication
Empirical Legal Studies 672 (2018).
(with Catherine Y. Kim ), 108(2)
posit how these institutions
Georgetown Law Journal 579 (2020).
can best be reformed.”
40
Matthew Steilen PROFESSOR JD, Stanford Law School PhD, Northwestern University BA, Carleton College
(716) 645-8966
mjsteile@buffalo.edu
AREAS OF INTEREST
The Legislature at War: Bandits,
CONSTITUTIONAL LAW
Runaways and the Emergence of
LEGAL THEORY
a Virginia Doctrine of Separation of Powers, 37 Law and History
ARTICLES
Review 493 (2019).
Objectivity and Normativity in
The Security Court, 78 Maryland
Historical Writing (My Dinner
Law Review Online 1 (Sept. 2018).
My central research interest is the development of legal institutions and ideas. I am currently at work on an
with Schlegel), 69(1) Buffalo Law Review 133 (2021).
intellectual history of the
How to Think Constitutionally
separation of powers.”
About Prerogative: A Study of Early Response: Our Imperial Federal
American Usage, 66 Buffalo
Courts, 74 Vanderbilt Law
Law Review 557 (May 2018).
Review En Banc 25 (2021). BOOK REVIEWS The Constitutional Convention
Book Review, Law & History Review
and Constitutional Change:
612 (2021) (reviewing Edward A.
A Revisionist History, 24 Lewis
Purcell, Jr., Antonin Scalia and
and Clark Law Review 1 (2020).
American Constitutionalism: The Historical Significance of a Judicial
Presidential Whim, 46(3)
Icon (Oxford University Press, 2020)).
Ohio Northern University Law Review 489 (2020).
41
David A. Westbrook LOUIS A . DEL COTTO PROFESSOR CO - DIREC TOR OF THE NE W YORK CIT Y PROGR A M IN FINANCE AND L AW JD, Harvard Law School BA, Emory University
(716) 645-2490
The last few years have been
dwestbro@buffalo.edu
AREAS OF INTEREST
Those People [May Yet Be] a Kind of
GLOBALIZATION AND THE CONTEMPORARY
Solution: Late Imperial Thoughts on
CORPORATIONS AND CAPITAL MARKETS
the Humanization of Officialdom
ENVIRONMENTAL LAW AND TECHNOLOGY
(with Mark Maguire), 67 Buffalo
POLITICAL ECONOMY AND SOCIAL THEORY
Law Review 889 (2019).
especially collaborative, lots of
Unicorns, Guardians, and the
learning from others as I worry the same old questions, and try to make worthy things. Blessed by conversations, I’m obliged
BOOKS
Concentration of the U.S. Equity Markets
Getting Through Security:
(with Amy Deen Westbrook), 96(3)
Counterterrorism, Bureaucracy,
Nebraska Law Review 688 (2018).
and a Sense of the Modern (with
to leave out many dear friends
Mark Maguire) (Routledge Press, 2020).
and important interlocutors,
CHAPTERS Climbing to 10 to the 11th: Globalization,
but for examples, Amy Deen Westbrook and I have written law review articles on the significance of developments in the equity markets and
ARTICLES
Digitization, Shareholder Capitalism
Foreword, Symposium: Serious Fun:
and the Summits of Contemporary
A conference with & around Schlegel!,
Wealth, in The Inequality Crisis
69(1) Buffalo Law Review 1 (2021).
151 (Edward Fullbrook & Jamie Morgan eds., World Economics
corporate governance for
Social Capitalism: A Descriptive
our understanding of this
Association Books, 2020).
Sketch, 194 Telos 27 (2021).
commercial society. Mark
Magical Contracts, Numinous
Maguire and I just finished a book on counterterrorism, bureaucracy, and “security” as a key to understanding
The Public Problem With
Capitalism, in Magical Capitalism
Counterterrorism (with Mark
45 (Brian Moeran & Timothy Malefyt,
Maguire), Sapiens (Sept. 2020).
eds., Palgrave Macmillan, 2018) (substantially revised from the article).
contemporary life, and not
Security by Design: Counterterrorism
incidentally the bureaucratic
at the Airport, 12:3 Anthropology
state. Computer scientist Perry
Now 122 (2020).
Alexander has introduced me to a bunch of folks who
Snapchat’s Gift: Equity Culture in
are struggling with what
High-Tech Firms (with Amy Deen
‘computing’ means. Economics,
Westbrook), 46 Florida State
politics, and technology all
University Law Review 861 (2019).
seem to be changing what it means to live now, except when they do not. More available at davidawestbrook.com.”
42
James A. Wooten PROFESSOR PhD, Yale University MA, Yale University MPhil, Yale University JD, Yale Law School BA, Rice University (716) 645-2318
AREAS OF INTEREST EMPLOYEE BENEFIT PLANS LEGAL HISTORY LEGISLATION RETIREMENT POLICY TAXATION
jwooten@buffalo.edu
ARTICLES The Venue Shuffle: Forum Selection Clauses & ERISA (with Christine P. Bartholomew), 66 UCLA Law
My research focuses on
Review 862 (April 2019).
employee-benefits law and policy and, especially, the regulatory regime created by the Employee Retirement Income Security Act of 1974. ERISA is a large and complicated statute that governs private-sector pension and welfare plans. I am currently at work on a project examining ERISA’s fiduciary rules, which regulate the conduct of people who manage or administer plans.”
43
The Baldy Center Fellows in Interdisciplinary Legal Studies The Baldy Center for Law & Social Policy is an endowed academic center for interdisciplinary research on law and legal institutions. The mission of The Baldy Center is to advance interdisciplinary research on law, legal institutions, and social policy. It does so by supporting research projects, conferences, workshops, fellowships, visiting scholars, speakers, grant proposals, and other promising initiatives.
OUR 2019-2021 POSTDOCTORAL FELLOW
OUR SENIOR FELLOW
Baldy Postdoctoral Fellows are highly promising scholars from
Baldy Senior Fellows are accomplished academics
a variety of disciplines who have completed or are pursuing
and professionals, usually faculty members at other
their PhDs and/or JDs at other universities, but have not yet com-
universities, who pursue intensive scholarly projects
menced tenure track positions. Chosen in an extremely compet-
closely related to the mission of The Baldy Center. They
itive process, they carry out their scholarly projects with the full
utilize UB’s extensive research resources, participate
array of UB research resources and participate regularly in The
regularly in The Baldy Center events, and share
Baldy Center talks, discussions, workshops, and conferences.
their expertise with the larger Baldy community.
Sarah Ludin
Marie Jauffret-Roustide
PHD, UNIVERSITY OF CALIFORNIA AT BERKELEY
RESEARCH FELLOW, FRENCH NATIONAL INSTITUTE OF HEALTH AND MEDICAL RESEARCH, FRANCE
BA, DARTMOUTH COLLEGE
PHD, PARIS XI UNIVERSITY MA, SCIENCES PO, PARIS A SOCIO-LEGAL HISTORIAN OF THE EARLY MODERN German-speaking lands, with a special interest in law and religion, secularity and secularism, legal phenomenology and difference, and law and language. Her dissertation, “The Reformation Suits: Litigation as Constitution-Making in a German Imperial Court, 1521-1555” reconsiders the role of civil litigation in the early Reformation in Germany, long regarded as an instance of the instrumentalization of law by “old-faith” authorities against the Protestants. Ludin’s research shows how experimental uses of mundane, formulaic legal instruments of Roman law civil procedure fused with the legal culture and legal pluralism of the German lands, such that the litigation context became an unexpected proxy for the most pressing constitutional questions of the early Reformation.
44
JAUFFRET-ROUSTIDE IS THE LEADER OF AN international comparative research project on the history of a harm reduction between France and the United States. Her research focuses on drug policy and a harm-reduction paradigm; ethnicity and gender issues, laws and regulations; structural inequalities in health and social policies; and patient groups’ and users’ involvement in drug policy changes, including analyses of the biomedicalization process of addiction. As a Senior Baldy Fellow, she is analyzing three representative contemporary drug policy issues affecting both North America (specifically the United States) and partially Europe (France): the history of opioid substitutive treatments, the opioid overdose crisis, and the controversy on drug consumption rooms.
OUR RESEARCH FELLOWS The Baldy Center is a focal point for the large group of scholars working on law, legal institutions, and social policy in the University at Buffalo community. The Baldy Center’s scholarly community is closely connected to regional, national, and global sociolegal scholars. The Baldy Center seeks to facilitate the work of scholars with law and policy related interests by linking them to The Baldy Center community and its substantial scholarly resources.
Matthew Bach
Paul Linden-Retek
PHD CANDIDATE, UNIVERSITY OF FREIBURG
PHD, YALE UNIVERSITY
MSC, UNIVERSITY OF FREIBURG
AB, HARVARD UNIVERSITY
MA, UNIVERSITY OF CAMBRIDGE Bach is researching the changing role of oil and gas firms in climate change governance with a focus on the factors driving their engagement, the positions that they are taking, and the mechanisms and pathways that they are deploying in relation to climate crisis governance. Since 2017, Bach has been a governance programme officer for ICLEI – Local Governments for Sustainability, a global city network, where he leads a Horizon 2020 grant from the European Commission, which develops solutions for sustainable and just cities.
Daniel Brantes Ferreira PHD, PONTIFICAL UNIVERSITY OF RIO DE JANEIRO MA, PONTIFICAL UNIVERSITY OF RIO DE JANEIRO BA, PONTIFICAL UNIVERSITY OF RIO DE JANEIRO Brantes Ferreira is a professor at Universidade Cândido Mendes and Vice-President for Academic Affairs at the Brazilian Center of Arbitration and Mediation (CBMA), where he is an arbitrator. He is also a partner at Bruno Freire Law Firm where he practices labor law and torts. Ferreira’s main research publications are concentrated in the areas of legal theory, legal history, legal education, comparative studies, and Alternative Dispute Resolution (ADR). At The Baldy Center, he is researching American Legal Realism.
JD, YALE LAW SCHOOL
Linden-Retek is a Lecturer in Law & Society at UB School of Law where he teaches in the law school’s undergraduate program. His research and teaching interests are in modern and contemporary political theory, international human rights, the study of constitutional democracy, and critical theory: in particular, questions of identity, pluralism, and citizenship; the legitimacy and ethics of borders; comparative constitutional law; the political philosophy of European integration; refugee and asylum law; and law and the humanities.
Charles J. Whalen PHD, UNIVERSITY OF TEXAS AT AUSTIN BS, CORNELL UNIVERSITY Whalen, an economist with a career spanning three decades, has contributed to national economic policy discussions, equitable regional development, and business success based on employee involvement. He has been active—as president, past president, and now trustee—in the Association for Evolutionary Economics, an international group of scholars in the tradition of those who fashioned the New Deal and Great Society. He is currently editing two books that explore the frontiers of that tradition; his own chapters examine the notion of reasonable value and apply institutional law and economics to the problem of worker insecurity.
Jennifer L. Gaynor PHD, UNIVERSITY OF MICHIGAN, ANN ARBOR MA, UNIVERSITY OF SOUTHERN CALIFORNIA BA, WESLEYAN UNIVERSITY Gaynor is an historian and anthropologist of Southeast Asia and its surrounding seas from the seventeenth century to the present. Her current projects assess both historical and contemporary dynamics of how coastal ecotones shape social, economic, and political relations, as well as how humans continue to reshape coasts. Building on her previous research, she is examining the history of capture, slavery, and piracy in maritime Asia, as well as the recent history of global land reclamation.
Our Multimedia Library The Baldy Center is pleased to announce new online initiatives that bring the work of our community of scholars to you, wherever you are. Check out our new podcast series, our blog, and our online magazine at:
buffalo.edu/baldycenter/multimedia
Learn more about our Baldy Fellows at law.buffalo.edu/baldycenter
45
Areas of Scholarly Interest Page numbers for faculty profiles by area of interest
Criminal Law — Binder (10), Boucai (11), Chiesa (14),
are indicated by ( ).
Harrington (24), O’Rourke (37) Criminal Procedure — Chiesa (14), Harrington (24), O’Rourke (37) Critical Legal Studies — McCluskey (32)
Administrative Law — Abraham (2), Bernstein (9), Connolly (15), Meidinger (33), Semet (40)
Critical Political & Social Theory — Linden-Retek (28) Critical Race Theory — Mutua, A. (34), Odunsi (36)
Advertising Law — Bartholomew, M. (8)
Cyberlaw — Bartholomew, M. (8)
American Legal History — Konefsky (25)
Democratic Theory, Law and — Gardner (22)
American Constitutional History — Konefsky (25)
Development, Law and — Ayano (5)
American Legal Realism — Schlegel (39)
Disability Law — Abraham (2), McCluskey (32)
Animal Law/Studies — Braverman (12), Chiesa (14)
Diversity in Legal Practice — Odunsi (36)
Anthropology of Law — French (21)
Economics, Law and — Dimick (18), McCluskey (32)
Antitrust — Bartholomew, C. (7)
Economic Redevelopment — Schlegel (39)
Political Economy and Social Theory —
Mutua, A. (34), Westbrook (42)
Asian Legal Cultures — Engel (19) Buddhism and Law — French (21) Business Associations — Mutua, A. (34) Children and the Law —Mangold (30)
Child Welfare Law — Mangold (30)
Civil Liberties — Abraham (2) Civil Procedure — Abraham (2), Bartholomew, C. (7), Bernstein (9), Semet (40) Civil Rights Law — Abraham (2), McCluskey (32), Mutua, A. (34), Odunsi (36)
Election Law — Gardner (22) Empirical Legal Studies — Semet (40) Employment Law — Dimick (18), McCluskey (32), Odunsi (36)
Employee Benefit Plans — Wooten (43)
Retirement Policy — Wooten (43)
Energy Law — Ayano (5), McCluskey (32) Environmental Law — Connolly (15), Meidinger (33)
Climate Justice — McCluskey (32) Clinical Legal Education — Abraham (2), Connolly (15) Commercial Law — Abramovsky (3) Comparative Law — French (21) Administrative — Bernstein (9) Constitutional Law — Abraham (2), Boucai (11),
Environmental Law and Technology — Westbrook (42)
Equal Protection Law and Equality Theory — Finley (20) Ethics
Government Ethics — McCluskey (32)
Legal Ethics — Abramovsky (3)
Evidence — Bartholomew, C. (7)
Gardner (22), Harrington (24), McCluskey (32) ,
Fair Housing — Abraham (2)
Mutua, A. (34), O’Rourke (37), Semet (40), Steilen (41)
Family Law — Boucai (11), McCluskey (32)
Comparative Constitutional Law — Linden-Retek (28)
Federal Courts — Abraham (2)
Constitutional Structure of Politics — Gardner (22)
Federal Jurisdiction — Bernstein (9)
Constitution-Making — Mutua, M. (35)
Federalism — Gardner (22)
First Amendment — Abraham (2), Barbas (6), Finley (20)
Feminist Legal Theory — Finley (20), Mutua, A. (34)
State Constitutional Law — Gardner (22)
Finance — McCluskey (32)
Consumer Protection — Bartholomew, C. (7)
Free Trade Agreements — Lewis (26)
Contracts — Dimick (18), Konefsky (25)
Freedom of the Press — Abraham (2)
Corporations and Capital Markets — Westbrook (42)
Gender and Law — Boucai (11), Finley (20), McCluskey (32)
Corporate Finance — Schlegel (39), Westbrook (42)
Genetics, Law and — Braverman (12)
Courts and Conflict Resolution — Mather (31)
Geography, Law and — Braverman (12)
46
Globalization — Ayano (5), Westbrook (42)
Natural Resources Law — Ayano (5),
Health Law — McCluskey (32)
Higher Education Law — McCluskey (32)
Neuroscience, Law and — Bartholomew, M. (8)
Human Rights — Ayano (5), Mutua, M. (35)
Occupational Safety and Health — McCluskey (32)
Immigration Law — Ayano (5)
Palestine/Israel — Braverman (12)
Indigenous Peoples’ Law — Meidinger (33)
Patent Law — Semet (40)
Insurance Law — Abramovsky (3), McCluskey (32)
Post-Colonialism — Mutua, M. (35)
Intellectual Property — Bartholomew, M. (8), Semet (40)
Post-Conflict Societies — Mutua, M. (35)
International
Prisoners’ Rights — Harrington (24)
Business Transactions — Meidinger (33), Mutua, M. (35)
Property Law — Abraham (2), Ayano (5), French (21),
Dispute Settlement — Lewis (26)
Economic Law — Lewis (26)
Protest Activity — Finley (20)
Environmental Law — Meidinger (33)
Race and the Law — McCluskey (32)
Globalization — Connolly (15), Meidinger (33)
Braverman (12), Connolly (15)
Semet (40)
Refugee and Asylum Law — Linden-Retek (28), Paskey (38)
Mutua, M. (35), Westbrook (42)
Regulation — Abramovsky (3), McCluskey (32)
Human Rights — Linden-Retek (28), Mutua, M. (35)
Religion, Law and — French (21)
Public International Law — Mutua, M. (35)
Remedies — Bartholomew, C. (7)
Trade Law — Lewis (26), Meidinger (33)
Reproductive Rights — Finley (20)
Jurisdiction — Bernstein (9)
Rhetoric, Law and — Paskey (38)
Jurisprudence — Binder (10), Chiesa (14)
Rights Consciousness — Engel (19)
Juvenile Justice — Harrington (24), Mangold (30)
Science, Law and — Braverman (12), Connolly (15)
Labor Law — Dimick (18)
Law Libraries and Law Librarians — Adelman (4)
Sentencing & Parole — Harrington (24)
Legal Education — Connolly (15)
Sexuality, Law and — Boucai (11)
Legal Ethnography — Braverman (12), Engel (19)
Social Science, Law and — Connolly (15), French (21), Semet (40)
Legal History — Barbas (6), Bartholomew, M. (8), Boucai (11), Wooten (43)
Science and Technology — Braverman (12)
Society/Social Policy, Law and — Bernstein (9), Braverman (12), Engel (19), French (21), Mather (31)
The American Economy — Schlegel (39)
Legal Profession — Mather (31)
Sociology of Law — Meidinger (33)
Legal Research (and Writing) — Adelman (4),
State Reconstruction — Mutua, M. (35)
Statutory Interpretation — O’Rourke (37)
Detweiler (16), Odunsi (36)
Legal Technology — Detweiler (16)
Tax Policy — Dimick (18)
Legal Theory — Dimick (18), Meidinger (33),
Taxation — Dimick (18), Wooten (43)
O’Rourke (37), Steilen (41) Legislation — Abraham (2), Connolly (15), O’Rourke (37), Semet (40), Wooten (43)
Income Tax — Dimick (18)
Third World Approaches to International Law (TWAIL) — Mutua, M. (35)
Literature, Law and — Binder (10), Linden-Retek (28)
Tort Law — Chiesa (14), Engel (19), Finley (20)
Mass Media Law — Barbas (6)
Transformations of Sovereignty — Linden-Retek (28)
Melville and the Law — Konefsky (25)
Transitional Justice — Mutua, M. (35)
Mindfulness and Law — Chiesa (14)
Welfare Law — McCluskey (32)
Narrative, Law and — Paskey (38)
World Trade Organization Law — Lewis (26)
47
Contact Information
H E ATH E R R . A B R A H A M
K I M D I A N A C O N N O L LY
ERROL MEIDINGER
(716) 645-2073
(716) 645-2092
eemeid@buffalo.edu
habraham@buffalo.edu
kimconno@buffalo.edu
ATH E N A D. M UTUA
AVIVA ABR A MOVSK Y
BRIAN DETWEILER
(716) 645-2873
(716) 645-2052
(716) 645-2384
admutua@buffalo.edu
aabramov@buffalo.edu
briandet@buffalo.edu
M A K AU W. MUTUA
ELIZABETH G. ADELMAN
M AT TH E W D I M I C K
(716) 645-2311
(716) 645-7968
mutua@buffalo.edu
eadelman@buffalo.edu
mdimick@buffalo.edu
T O L U L O P E F. O D U N S I
M E KO N N E N F I R E W AYA N O
DAVID M. ENGEL
(716) 645-2354
(716) 645-5134
dmengel@buffalo.edu
tfodunsi@buffalo.edu
mfayano@buffalo.edu
LUCINDA M. FINLEY
ANTHONY O’ROURKE
SAMANTHA BARBAS
(716) 645-6152
(716) 645-3097
finleylu@buffalo.edu
aorourke@buffalo.edu
REBECCA R. FRENCH
STEPHEN J. PASKEY
(716) 645-2159
(716) 645-5044
rrfrench@buffalo.edu
sjpaskey@buffalo.edu
(716) 645-7399
JAMES A. GARDNER
JOHN HENRY SCHLEGEL
cpb6@buffalo.edu
(716) 645-3607
(716) 645-2746
MARK BARTHOLOMEW
jgard@buffalo.edu
schlegel@buffalo.edu
(716) 645-5959
ALEX ANDRA HARRINGTON
AMY SEMET
bartholo@buffalo.edu
(716) 645-2108
(716) 645-8162
A N YA B E R N S TE I N
aharr@buffalo.edu
amysemet@buffalo.edu
(716) 645-3683
ALFRED S . KONEFSK Y
M AT TH E W S TE I LE N
anyabern@buffalo.edu
konefsky@buffalo.edu
GU YOR A BINDE R
MEREDITH KOLSK Y LE WIS
(716) 645-2673
(716) 645-1631
gbinder@buffalo.edu
mlewis5@buffalo.edu
MICHAEL BOUCAI
PAUL LINDEN-RETEK
(716) 645-1743
(716) 645-5541
mboucai@buffalo.edu
plinden@buffalo.edu
IRUS BRAVERMAN
SUSAN V. M ANG OLD
(716) 645-2089
(716) 645-6216 sbarbas@buffalo.edu C H R I S T I N E P. BARTHOLOMEW
(716) 645-3030
svm@buffalo.edu
irusb@buffalo.edu
LY N N M AT H E R
LUIS E. CHIESA
lmather@buffalo.edu
(716) 645-3152
M A R TH A T. M CC LU S K E Y
lechiesa@buffalo.edu
mcclusk@buffalo.edu
48
(716) 645-8966 mjsteile@buffalo.edu DAVID A .WE STB ROOK (716) 645-2490 dwestbro@buffalo.edu JAMES A. WOOTEN (716) 645-2318 jwooten@buffalo.edu
For the latest Buffalo faculty research, visit our online Buffalo Legal Studies Research Paper Series, hosted and distributed by the Social Science Research Network (SSRN): S S R N .CO M /LI N K /B U F FA LO - LE GA L- S TU D I E S
PRODUCED BY THE OFFICE OF COMMUNICATIONS, UNIVERSITY AT BUFFALO SCHOOL OF LAW — NOVEMBER 2021
law.buffalo.edu/faculty