Faculty Scholarship for 2013-2016 by University at Buffalo School of Law

Faculty Scholarship 2013 to 2016 U N I V E R S I T Y AT B U F FA LO S C H O O L O F L AW

Dear Colleague: We are pleased to update you on the scholarship produced since 2013 by our tenured and tenuretrack faculty. University at BuďŹ&#x20AC;alo School of Law faculty enjoy a well-deserved reputation for cuttingedge ideas and have long been associated with interdisciplinary research and critical approaches to the study of law. Many of our colleagues hold doctorates in areas other than law, and the innovative and thoughtful scholarship catalogued here reflects this rich and diverse background. We hope that you enjoy getting to know their work.Â Yours sincerely,

James A. Gardner Interim Dean

A leader in legal thought since 1887 Below is a list of 10 events and movements that have made a diﬀerence — in the Western New York legal community, but also increasingly, as the School of Law has gained in regional, national and global reputation, in ways that reached far beyond Buﬀalo and Amherst. Of necessity, the list excludes the past decade or so, in which much intellectual ferment has taken place but for which the judgment of history will have to wait. But it includes many developments that continue to resonate today, including the granddaddy of them all ...

E S TA B L I S H M E N T O F T H E B U F FA L O L AW S C H O O L

Speakers have included Irene Khan, C. Edwin Baker, Derrick Bell, Barry Cushman, Carol Gilligan, Elizabeth Holtzman, Stewart Macaulay, Catharine A. MacKinnon, Carrie Menkel-Meadow, Richard Posner and Clyde Summers.

At the time of the school’s founding in 1887, law was very much a craft that aspiring attorneys learned by apprenticing themselves to a practicing member of the bar. The system worked well enough for its time. But a handful of visionaries, seeing the limitations of law oﬃce training and acknowledging the presence of rigorous law schools in other cities, set out to change the landscape for legal education in Western New York. A dozen members of the bench and bar are credited as the founders of the Buﬀalo Law School — and among them, only three had themselves graduated from a law school. In a break with the tradition of the all-male bar, the Class of 1899 included two female graduates.

FO U N D I N G O F T H E B U F FA LO L AW R E V I E W The student-edited Law Review published its first issue in the 1950–51 academic year, assembled by five members of the Class of ’51. It featured 18 student case notes and an article by former dean, Louis L. Jaffe, titled “Res Ipsa Loquitur Vindicated.” Today the Law Review staff publishes five issues each year, providing a forum for significant scholarship and affording its student editors valuable learning experiences in legal scholarship.

DEAN FRANCIS M. SHEA AND HIS H A RVA R D R EC R U I T S C O M E TO B U F FA LO

E S TA B L I S H M E N T O F T H E M U G E L TA X C O M P E T I T I O N University at Buﬀalo School of Law has a long history of excellence in tax law, and the Albert R. Mugel National Tax Moot Court Competition — named for the longtime School of Law professor — was one of the first specialized national moot court competitions. Each year, law students from across the nation come to Buﬀalo to present their written and oral arguments on cutting-edge federal tax law issues in this prestigious competition, now more than 30 years old and one of the cornerstones of the School of Law’s rigorous tax law curriculum.

Shea, the School of Law’s fifth dean, served from 1936 to 1939, amid the gathering storm of World War II. Shea hired a contemporary of his from Harvard Law School, Louis L. Jaﬀe, then added two more Harvard graduates, David Riesman, Jr. and Mark DeWolfe Howe. Some began calling the school “Little Harvard.” This nexus of faculty was familiar with the lessons learned from American Legal Realism — which recognized the sharp moral, political and social conflict that undergirded the creation and administration of the legal system — and the New Deal economics of President Franklin D. Roosevelt. The School of Law continues that emphasis on understanding law in the context of its sociopolitical environment.

FOUNDING OF THE CLINICAL PROGRAM

E S TA B L I S H M E N T O F T H E M I T C H E L L L E C T U R E The James McCormick Mitchell Lecture is the signature lecture at University at Buﬀalo School of Law. Endowed in 1950 by a major gift from Lavinia A. Mitchell in memory of her husband, Class of 1897, the lecture has been a forum for showcasing nationally important legal scholars and ideas in the Buﬀalo legal community.

The current emphasis on hands-on learning that produces practice-ready attorneys has a long provenance at University at Buﬀalo School of Law, and a special place in that history belongs to the school’s clinical program. One of the first education law clinics in the nation found its home at the School of Law, to be followed by other innovative clinics that combined practical education and service to the community. Some of the School of Law’s clinics, now numbering more than a dozen, have drawn national and international recognition for their work on, for example, the problem of domestic violence.

L AW A N D S O C I E T Y C O M ES TO B U F FA LO The Law and Society movement in legal scholarship studies the place of law in social, political, economic and cultural life. Five current or former faculty members have been president of the International Law and Society Association, and three have served as editor in chief of the Law & Society Review. The movement is a key part of the School of Lawʼs focus on interdisciplinary scholarship that incorporates academic expertise beyond black-letter law.

E S TA B L I S H M E N T O F T H E B A L DY C E N T E R FOR LAW & SOCIAL POLICY The Baldy Center was created in 1972 with a generous endowment from the estate of Christopher Baldy, a 1910 graduate of the School of Law. The Baldy Center is the School of Lawʼs premier vehicle for fostering interdisciplinary scholarship on law, legal institutions and social policy, including research, teaching and curriculum development. More than 150 UB faculty members from numerous departments participate in Baldy Center research, conferences, working groups and publications. The Baldy Center also hosts distinguished scholars from around the world as visitors, speakers and conference participants.

B I R T H O F T H E B U F FA LO M O D E L L AW S C H O O L There’s a continuous tension among those who study legal education over the pedagogical methods that make the best lawyers. The so-called Buﬀalo Model — home-grown at the School of Law — has emerged as an innovative and highly eﬀective approach. The model, which began to take form in the mid-1970s under the deanship of Thomas E. Headrick, moved the School of Law’s curriculum in directions that took advantage of the multidisciplinary ethos of the school and focused on the increasing complexities of law practice.

C R I T I C A L L EGA L ST U D I ES C O M ES TO B U F FA LO Theorists of the Critical Legal Studies movement apply the methods of semiotic deconstruction to law scholarship. The movement emerged in the late 1970s and has spawned oﬀshoots including critical race theory. Buﬀalo became one of the first centers for CLS scholarship outside of the two law schools with which this important movement in legal thought was associated. 4

Contents Introduction

Isabel Marcus

.................................................................. 2

Areas of Interest

........................................................... 6

Samantha Barbas

......................................................... 10

Christine P. Bartholomew

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Martha T. McCluskey Errol E. Meidinger Tara J. Melish

........................................... 1 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

................................................................ 3 1

Mark Bartholomew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2

Teresa A. Miller

Anya Bernstein

James G. Milles

............................................................ 1 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

........................................................... 3 1 ............................................................. 32

Guyora Binder

.............................................................. 14

Athena D. Mutua

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Michael Boucai

............................................................. 1 5

Makau W. Mutua

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Irus Braverman S. Todd Brown

.............................................................. 1 8

Luis E. Chiesa

............................................................... 1 8

Kim Diana Connolly Matthew Dimick David M. Engel

Anthony Oâ&#x20AC;&#x2122;Rourke

........................................................... 1 6

Jessica Owley

.................................................... 1 9

Stephanie L. Phillips

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

John Henry Schlegel

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Robert J. Steinfeld

............................................................. 2 1

Charles Patrick Ewing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Matthew Steilen

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Rick Su

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Lucinda M. Finley

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Mateo Taussig-Rubbo

Rebecca R. French

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

David A.Westbrook

James A. Gardner

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Stuart G. Lazar

James A.Wooten

Anjana Malhotra

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

........................................................... 4 1

Baldy Postdoctoral Fellows

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Meredith Kolsky Lewis

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Contact Information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Areas of Interest Administrative Law — Bernstein (13), Connolly (19), Meidinger (30), Owley (34)

Conflict of Laws — Phillips (36)

Administrative Practice in Democracies — Bernstein (13)

Constitutional History — Steinfeld (38)

Advertising Law — Bartholomew, M. (12)

Constitutional Law — Boucai (15), Malhotra (27), Mutua, A. (32),

African-American Legal History — Phillips (36)

O’Rourke (34), Steilen (37), Taussig-Rubbo (39)

American Legal History — Steinfeld (38)

Constitutional Structure of Politics — Gardner (24)

Animal Cruelty Laws — Chiesa (18)

Constitution-Making — Mutua, M. (33)

Animal Studies — Braverman (16)

Consumer Protection — Bartholomew, C. (11)

Anthropology of Law — French (23), Taussig-Rubbo (39)

Contracts — Taussig-Rubbo (39)

Antitrust — Bartholomew, C. (11)

Corporate Finance — Schlegel (36), Westbrook (40)

Asian Legal Cultures — Bernstein (13), Engel (21)

Corporate Law — Mutua, A. (32), Westbrook (40)

Bankruptcy — Brown (18)

Corporate Taxation — Lazar (25)

Behavioral Legal Ethics — Milles (32)

Criminal Law — Binder (14), Boucai (15), Chiesa (18), Ewing (22), O’Rourke (34), Taussig-Rubbo (39)

Buddhism and Law — French (23)

Criminal Procedure — Chiesa (18), Miller (31), O’Rourke (34)

Business Law — Brown (18)

Criminal Punishment Theory — Miller (31)

Civil Procedure — Bartholomew, C. (11), Bernstein (13), Steilen (37)

Critical Legal Studies — McCluskey (29)

Civil Rights Law — McCluskey (29), Mutua, A. (32)

Critical Race Theory — Mutua, A. (32), Phillips (36)

Class and Economic Inequality — Mutua, A. (32)

Cyberlaw — Bartholomew, M. (12)

Climate Change — Owley (34)

Disability Law — McCluskey (29)

Clinical Legal Education — Connolly (19)

Dispute Settlement — Lewis (26)

Common Law, History of — Steilen (37)

Domestic Violence — Marcus (28)

Comparative Law — French (23), Taussig-Rubbo (39) Comparative Adjudication Standards — Melish (31)

Economic Redevelopment of Rust Belt Cities — Schlegel (36)

Comparative Administrative Law — Bernstein (13)

Economic, Social and Cultural Rights — Melish (31)

Comparative Constitutional Law — Melish (31)

Empirical Legal Studies — Dimick (20)

Computer Crime — Milles (32)

Employee Benefit Plans — Wooten (41) 6

Employment Law — Dimick (20), McCluskey (29)

Insurance and the Law — McCluskey (29)

Energy Law — McCluskey (29)

Intellectual Property — Bartholomew, M. (12)

Environmental Law — Connolly (19), Meidinger (30), Owley (34)

International Business Transactions — Meidinger (30), Mutua, M. (33)

Equal Protection Law and Equality Theory — Finley (22)

International Dispute Settlement — Lewis (26)

Equality and Access to Justice — Malhotra (27)

International Economic Law — Lewis (26)

Evidence — Bartholomew, C. (11)

International Environmental Law — Meidinger (30)

Family Law — Boucai (15), Marcus (28), McCluskey (29)

International Human Rights — Malhotra (27), Marcus (28),

Federal Indian Law — Owley (34)

Melish (31), Mutua, M. (33)

Federal Jurisdiction — Bernstein (13)

International Law and Globalization — Connolly (19), Meidinger (30), Mutua, M. (33), Westbrook (40)

Federalism — Gardner (24)

International Trade and Environment — Meidinger (30)

Feminist Legal Theory — Finley (22), Mutua, A. (32)

International Trade Law — Lewis (26)

Finance — McCluskey (29), Westbrook (40)

International Women’s Human Rights — Marcus (28)

First Amendment — Barbas (10), Finley (22)

Israel / Palestine — Braverman (16)

Forensic Psychology — Ewing (22)

Jurisdiction — Bernstein (13)

Fourteenth Amendment — Mutua, A. (32)

Jurisprudence — Binder (14), Chiesa (18)

Free Trade Agreements — Lewis (26)

Labor and Employment Law — Dimick (20)

Gender and Law — Finley (22), Marcus (28), McCluskey (29), Mutua, A. (32)

Law and Democratic Theory — Gardner (24)

Government Ethics — McCluskey (29)

Law and Documentary Studies — Miller (31)

Health Law — McCluskey (29)

Law and Economics — Dimick (20), McCluskey (29)

Higher Education Law — McCluskey (29)

Law and Genetics — Braverman (16)

Human Rights — Marcus (28), Mutua, M. (33)

Law and Geography — Braverman (16)

Immigration Law — Malhotra (27), Miller (31), Su (39)

Law and Literature — Binder (14)

Income Tax — Dimick (20)

Law and Religion — French (23), Phillips (36)

Indigenous Peoples’ Law — Meidinger (30)

Law and Science — Braverman (16), Connolly (19)

Information Privacy — Milles (32) 7

Law and Sexuality — Boucai (15)

Professional Ethics — Ewing (22)

Law and Social Science — Braverman (16), Connolly (19), French (23)

Property Law — French (23), Owley (34), Steinfeld (38)

Law and Society — Bernstein (13), Braverman (16), Engel (21), French (23)

Protest Activity — Finley (22)

Law and the Sociology of Knowledge — Bernstein (13)

Public International Law — Melish (31), Mutua, M. (33)

Legal Education — Connolly (19)

Race and the Law — McCluskey (29)

Legal Ethics — Milles (32)

Regulation — McCluskey (29), Mutua, A. (32)

Legal Ethnography — Braverman (16), Engel (21)

Remedies — Bartholomew, C. (11), Marcus (28)

Legal History — Barbas (10), Bartholomew, M. (12), Boucai (15),

Reproductive Rights — Finley (22)

Steinfeld (38), Wooten (41)

Retirement Policy — Wooten (41)

Legal History of the American Economy — Schlegel (36)

Rights Consciousness — Engel (21)

Legal Theory — Meidinger (30), O’Rourke (34)

Science and Technology — Braverman (16)

Legislation — Connolly (19), O’Rourke (34), Owley (34), Wooten (41)

Social and Political Theory — Taussig-Rubbo (39)

Local Government Law — Su (39)

Sociology of Law — Meidinger (30)

Mass Media Law — Barbas (10)

State Constitutional Law — Gardner (24)

Mass Tort — Brown (18)

State Reconstruction — Mutua, M. (33)

Mental Health Professionals in National Security and Safety — Ewing (22)

Statutory Interpretation — O’Rourke (34), Owley (34)

Mindfulness and Law — Phillips (36)

Tax Policy — Dimick (20), Lazar (25)

Natural Resources Law — Connolly (19), Meidinger (30), Owley (34)

Taxation — Dimick (20), Lazar (25), Wooten (41)

Occupational Safety and Health — McCluskey (29)

Third World Approaches to International Law (TWAIL) — Mutua, M. (33)

Partnership Taxation — Lazar (25)

Tort Law— Chiesa (18), Engel (21), Finley (22)

Political Economy and Social Theory — Westbrook (40)

Transitional Justice — Mutua, M. (33)

Post-Colonialism — Mutua, M. (33)

Violent Behavior — Ewing (22)

Post-Conflict Societies — Mutua, M. (33)

Welfare Law — McCluskey (29)

Presidency, The — Steilen (37)

Women and the Law — Marcus (28), McCluskey (29), Mutua, A. (32)

Prisoner Law — Miller (31)

World Trade Organization Law — Lewis (26) 8

Samantha Barbas

Asking the right questions

PROFESSOR JD, Stanford Law School PhD, University of California at Berkeley BA, Williams College

The cult of celebrity and what’s behind it. A biography of Louella Parsons, famed Hollywood gossip-monger. Tough choices in policy and law around privacy

(716) 645-6216 sbarbas@buﬀalo.edu

rights and freedom of the press. All are grist for the fertile scholarly imagination of Professor Samantha Barbas. And now, the University at Buﬀalo has recognized her bold investigations into these cuttingedge issues in the United States with a University-wide honor, the Exceptional Scholar Award for Young Investigators.

AREAS OF INTEREST First Amendment Legal History Mass Media Law

“My work examines the interconnections between law, social history and the history of mass communications. Drawing on my earlier research in media history, published as

The award honors “a recent superior

Movie Crazy: Fans, Stars, and

achievement of a scholar in his/her

the Cult of Celebrity (Palgrave

field of study,” the University says.

Macmillan, 2001), and The First

“Such an achievement will have

Lady of Hollywood (University of California Press, 2005),

distinguished the recipient as an

it focuses on the first modern

up-and-coming scholar, as well

media revolution — the advent

as earned the individual acclaim for his/her work.”

BOOKS Newsworthy: The Supreme Court's Battle Over Privacy and Freedom of the Press (Stanford University Press, forthcoming) Laws of Image: Privacy and Publicity in America (Stanford University Press, 2015)

ARTICLES The Most Loved, Most Hated Magazine in America: The Rise and Demise of Confidential Magazine, William and Mary Bill of Rights Journal (forthcoming 2016) The Social Origins of the Personality Torts, Rutgers Law Review vol. 67: 393-440 (2015) When Privacy Almost Won: Time, Inc. v. Hill (1967), University of Pennsylvania Journal of Constitutional Law (2015) (1-86)

of mass-market publishing, radio, film and television in the early to mid-20th century.”

Barbas, a School of Law faculty member since 2011, focuses her scholarship on the intersection of law, culture, media and technology in the United States.

From Privacy to Publicity: The Tort of Appropriation in the Age of Mass Consumption, Buffalo Law Review vol. 61: 1119-1189 (2013)

CHAPTERS Gossip Law in When Private Talk Goes Public: Gossip in United States History (Kathleen A. Feeley and Jennifer Frost, editors) (Palgrave Macmillan, 2014) (123-138)

Christine P. Bartholomew ASSOCIATE PROFESSOR JD, University at California at Davis BA, San Francisco State University

(716) 645-7399 cpb6@buﬀalo.edu

“My research is in civil procedure, specifically the tension between class actions’

AREAS OF INTEREST Civil Procedure Antitrust

enforcement potential and

Evidence

heightened procedural and

Consumer Protection

evidentiary rules. On the one hand, judicial resources are far from absolute, and such rules can promote judicial eﬃciency. On the other hand, a raft of new procedural, hurdles threaten class actions’ potential to regulate corporate behavior. It is now harder to get into court; harder to plead a claim; and harder to certify a class. I analyze how such hurdles impact class actions, and then identify ways to balance eﬃciency and enforcement goals. Because rule interpretation is primarily left to the judiciary, my work

Remedies

ARTICLES The Failed Superiority Experiment, Vanderbilt Law Review (forthcoming 2016) Twiqbal In Context, Journal of Legal Education vol. 65: 744-771 (2016) Redefining Prey and Predator in Class Actions, Brooklyn Law Review vol. 80: 743-806 (2015) Saving Charitable Settlements, Fordham Law Review vol. 83: 3241-3292 (2015) Death by Daubert: The Continued Attack on Antitrust, Cardozo Law Review vol. 35: 2147-2198 (2014) Time: An Empirical Analysis of Law Students Time Management Deficiencies, University of Cincinnati Law Review vol. 81: 897-952 (2013)

analyzes judicial interpretation and decision making.” 11

Mark Bartholomew

A class in creativity

PROFESSOR

It’s not every professor who

JD, Yale Law School BA, Cornell University

enlivens his teaching with humor, music videos and a wide-ranging command of popular culture. But that’s what students have come to expect when Professor

(716) 645-5959 bartholo@buﬀalo.edu

Mark Bartholomew imparts the fine points of intellectual property law. The State University of New York

“I am currently working on a

knows it, too. That’s why SUNY

book examining the relationship

conferred on Bartholomew the

between law, technology and

Chancellor’s Award for Excellence in Teaching, recognizing “consistently superior teaching.” It’s the latest in a string of accolades for Bartholomew, including twice being honored with the Faculty Award, the School of Law’s only teaching award, and receiving UB’s Teaching Innovation Award. “He spends an

advertising. Through a variety of mechanisms, including intellectual property law, privacy law, contract law and the First Amendment, the legal system is struggling to set an appropriate balance between commercial freedom and consumer protection in the midst of a modern marketing revolution. Figuring out where this balance should be set is a

enormous amount of time preparing

diﬃcult project. My approach

his classes, and creatively uses images,

is to mine psychology, which

videos and other displays when doing so will help solidify his students’ understanding,” says interim Dean James A. Gardner. “At the root of these eﬀorts lies both a love of his field, and a profound caring for the

tells us how consumers think,

AREAS OF INTEREST Intellectual Property Cyberlaw

Striking a Balance Between Privacy and Online Commerce, Utah Law Review on Law 168-173 (2013)

Advertising Law

Trademark Morality, William & Mary Law Review vol. 55: 85-161 (2013)

BOOKS

CHAPTERS

Adcreep: The New Advertising and the Legal System’s Failure to Respond (Stanford University Press, forthcoming 2017)

From Debbie Does Dallas to The Hangover: The Changing Landscape of Trademark Law in Tinseltown (with John Tehranian) in Hollywood and the Law (BFI/Palgrave Press, 2015)

Legal History

ARTICLES Intellectual Property’s Lessons for Information Privacy, Nebraska Law Review vol. 92: 746-798 (2014) An Intersystemic View of Intellectual Property and Free Speech (with John Tehranian) George Washington Law Review vol. 81: 1-91 (2013)

and history, which tells us how lawmakers approached similar questions in the past, to help assess the costs and benefits of advertising in new forms and new spaces.”

success and welfare of his students.” 12

Anya Bernstein ASSOCIATE PROFESSOR PhD, University of Chicago JD, Yale Law School BA, Columbia College

(716) 645-3683 anyabern@buﬀalo.edu

“Through ethnography, interviews, and texts, my work examines how cultural understandings shape legal realities. I have written about how ideas of legitimacy shape the way courts mediate between individuals and governments; how assumptions about the value of information aﬀects the way governments classify individuals; and how the legitimation of law depends on cultural values, even in a democratic society. Currently, I am involved in two primary strands of research. One draws on anthropology, linguistics, and philosophy of language to examine aspects of judicial interpretation and meaningmaking that go unnoticed in legal theory. The other uses interviews to uncover how legal interpretation works

AREAS OF INTEREST

CHAPTERS

Administrative Law and Comparative Administrative Law

The Songs of Other Birds in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song (Mary Nell Trautner, editor) (Cambridge University Press, forthcoming 2018)

Administrative Practice in Democracies Law and Society Asian Legal Cultures Jurisdiction & Civil Procedure

ARTICLES Before Interpretation, University of Chicago Law Review vol. 84 (forthcoming 2017) Bureaucratic Speech: Language Choice and Democratic Identity in the Taipei Bureaucracy, PoLAR: Political and Legal Anthropology Review (2016) (1-38) Diﬀerentiated Deference, Yale Journal on Regulation vol. 33: 1-53 (2016) Catch-all Doctrinalism and Judicial Desire, University of Pennsylvania Law Review Online vol. 161: 221-230 (2013) (Invited response to Carlos M. Vázquez and Stephen I. Vladeck, State Law, the Westfall Act, and the Nature of the Bivens Question, University of Pennsylvania Law Review vol. 161: 510-583 (2013))

Agency in Agencies in Distributed Agency: The Sharing of Intention, Cause, and Accountability (N.J. Enfield and Paul Kockelman, editors) (Oxford University Press, forthcoming 2017)

BOOK REVIEWS Law and Context: A Critical Review Essay, PoLAR: Political and Legal Anthropology Review 1-7 (2016) (Invited review of The Clinic and the Court (Ian Harper, Tobias Kelly and Akshay Khanna, editors)(Cambridge University Press, 2015) and The Role of Social Science in Law (Elizabeth Mertz, editor)(Ashgate, 2008))

The Hidden Costs of Terrorist Watch Lists, Buffalo Law Review vol. 61: 461-535 (2013)

as an everyday practice of administrative agencies.”

Guyora Binder SUNY DISTINGUISHED PROFESSOR

HODGSON RUSS FACULTY SCHOLAR

UNIVERSITY AT BUFFALO DISTINGUISHED PROFESSOR

VICE DEAN FOR RESEARCH AND FACULTY DEVELOPMENT

JD, Yale Law School AB, Princeton University

(716) 645-2673 gbinder@buﬀalo.edu

Criminal Law: The Oxford Introductions to U.S. Law (Oxford University Press, 2016) How did U.S. criminal law develop? As Professor Guyora Binder tells it, undergirding this story is the emergence of a utilitarian conception of a criminal oﬀense as an act that imposes risk or violates consent. In this thoroughgoing new survey, Binder explains the key concepts and persistent controversies in American criminal law in light of its history, finding both consistency with English common law and the development of a peculiarly American understanding of crime and punishment. Chapters address theories of punishment, components of a criminal act, a study of the criminal mind and specific oﬀenses, including homicide, rape and theft. A final section details claims of justification and excuse, including defensive force and the insanity plea.

“My new book, The Oxford Introductions to U.S. Law: Criminal Law explains the key concepts and persistent controversies in American criminal law in light of its history. The English common law of crimes enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The story of American criminal law has been the emergence of a utilitarian conception of criminal oﬀending as the imposition of risk or the violation of consent, combined with culpability. Yet to understand contemporary criminal law, we must also remember the model of oﬀending as trespass against sovereignty

AREAS OF INTEREST Criminal Law Jurisprudence Law and Literature

BOOKS Criminal Law, The Oxford Introductions to U.S. Law (Oxford University Press, 2016) Criminal Law: Cases and Materials (with John Kaplan and Robert Weisberg) (Wolters-Kluwer, 8th edition, 2016) Criminal Law: Teacher’s Manual (with Robert Weisberg) (Wolters-Kluwer, 8th edition, 2016)

ARTICLES Capital Punishment of Unintentional Felony Murder (with Brenner Fissell and Robert Weisberg) Notre Dame Law Review (forthcoming 2016) Penal Incapacitation: A Situationist Critique (with Ben Notterman) American Criminal Law Review vol. 54 (forthcoming 2016)

out of which it emerged.”

What is Criminal Law About? (with Robert Weisberg) Michigan Law Review vol. 114: 1173-1205 (2016) Why Law Matters For Our Obligations, Critical Analysis of Law vol. 2: 268-80 (2015) The Authority to Proscribe and Punish International Crimes, University of Toronto Law Journal vol. 63: 278-309 (2013)

CHAPTERS The Coptown Case: Inviolable Status and Desert in Inherent and Instrumental Values: Excursions in Value Inquiry (G. John M. Abbarno, editor)(University Press of America, 2015)(281-296) Foundations of the Legislative Panopticon: Bentham’s Principles of Morals and Legislation in Foundational Texts in Modern Criminal Law (Markus Dubber, editor) (Oxford University Press, 2014) (79-101) Homicide in The Oxford Handbook of Criminal Law (Markus Dubber and Tatjana Hörnle, editors) (Oxford University Press, 2014)(702-726)

Michael Boucai

The roots of marriage equality

ASSOCIATE PROFESSOR MPhil, University of Cambridge JD, Georgetown University Law Center BA, Yale University

In the years following New York City’s Stonewall riots in 1969, three distinct legal cases pushed for what would become, decades later, a nationwide reality: the right of same-sex couples

(716) 645-1743 mboucai@buﬀalo.edu

to marry. The early-1970s cases—in Minnesota, Kentucky and Washington State—were significant, argues Associate Professor Michael Boucai, because they brought unprecedented attention to the existence and the ideals of gay liberation. The cases were also the first to frame the question of who should be allowed to marry “not defensively but oﬀensively, in constitutional terms.”

“My research examines various intersections of law and sexuality, from obscenity

of Law & Humanities, Glorious Precedents:When Gay Marriage Was Radical, tells the story of these three groundbreaking cases. It was honored with the prestigious Michael Cunningham Prize as one of the three best law review articles in 2015 that addressed sexual orientation

Criminal Law Family Law

regulation to same-sex

Constitutional Law

marriage. I’m interested in

Law and Sexuality

how the law favors, tolerates or disfavors particular expressions of sexuality and intimacy, and how such treatment relates to moral systems, social arrangements

Boucai’s article in the Yale Journal

AREAS OF INTEREST

and political ideologies. Often I explore these questions from a historical perspective, as in current projects on Anita Bryant’s pivotal 1977 campaign against gay rights and the 1895 trials of Oscar Wilde.”

Legal History

ARTICLES Is Assisted Procreation an LGBT Right?, Wisconsin Law Review (forthcoming 2016) Glorious Precedents: When Gay Marriage Was Radical, The Yale Journal of Law and the Humanities vol. 27(1): 1-82 (2015)

BOOK REVIEWS Canadian Journal of Law & Society (2016) (reviewing After Legal Equality: Family, Sex, Kinship (Robert Leckey, editor) (Routledge, 2015)) Journal of Social History vol. 47(3): 1104-1106 (2014) (reviewing Vicki Eaklor, Queer America: A People’s History of the United States (2011))

and gender identity. The honor is awarded by the Williams Institute at UCLA School of Law. 15

Irus Braverman PROFESSOR AND WILLIAM J. MAGAVERN FACULTY SCHOLAR SJD, University of Toronto Faculty of Law MA, The Hebrew University of Jerusalem LLB, The Hebrew University of Jerusalem

(716) 645-3030 irusb@buﬀalo.edu

Animals, Biopolitics, Law: Lively Legalities (Routledge, 2016) Professor Irus Braverman’s continuing interest in the intersection between animals and the law has produced a new edited volume, Animals, Biopolitics, Law, which grew out of a School of Law workshop. The book comprises 10 essays written by scholars from a variety of disciplines, including law, geography, anthropology and environmental history. Each essay explores a different law-animal intersection, from jellyfish management to crow kill ceremonies and from rewilding efforts in the Netherlands to snakes as family members in Texas. Closer to home, Braverman was chosen to receive the University at Buffalo’s Exceptional Scholar Award for Sustained Achievement, which recognizes “outstanding professional achievement that has been focused on a particular body of work over a number of years.”

“My research focuses on the relationship between law and the environment, broadly construed. In Planted Flags: Trees, Land and Law in Israel/ Palestine (2009), I explore the war over tree landscapes in this contentious region. Next, Zooland: The Institution of Captivity (Independent Publisher Award Winner, 2012) takes readers behind the zoo to make surprising interconnections between our understandings of the human and the nonhuman. Finally, my monograph Wild Life: The Institution of Nature (2015) explores the relationship between captive and wild animal population management. I am currently

AREAS OF INTEREST

ARTICLES

Animal Studies

Anticipating Endangerment: The Biopolitics of Threatened Species Lists, BioSocieties (forthcoming 2017)

Nature Conservation Israel/Palestine Law and Geography Law and Genetics Legal Ethnography Law and Society Science and Technology Studies

BOOKS Animals, Biopolitics, Law: Lively Legalities (Irus Braverman, editor) (Routledge, 2016) Wild Life: The Institution of Nature (Stanford University Press, 2015) The Expanding Spaces of Law: A Timely Legal Geography (with Nicholas Blomley, David Delaney and Alexandre (Sandy) Kedar, editors) (Stanford University Press, 2014)

working on a monograph that explores the challenges of coral management and regulation, editing a special issue on gene editing technologies that impact the environment, and coediting a collection on ocean legalities.”

Captive: Zoometric Operations in Gaza, Public Culture (forthcoming January 2017) The Natures of Gene Drives, Buffalo Law Review (Special Issue)(Irus Braverman, editor) (forthcoming April 2017) Rethinking Law and Animality, Annual Review of Law and Social Science (forthcoming 2017) America’s Contemporary Pet Keeping Industry, Squaderno (Special Issue on Urban Animals) (forthcoming 2016) Biopolarity: Coral Scientists between Hope and Despair, Anthropology Now (forthcoming December 2016) Bleached! The Catastrophe Management of Corals, Futures (Special Issue) (forthcoming 2016) Conservation and Hunting: Till Death Do They Part? A Legal Ethnography of Deer Management, Journal of Land Use and Environmental Law vol. 30(2): 1-57 (2015)

Hyperlegality and Heightened Surveillance: The Case of Threatened Species Lists, Surveillance & Society vol. 13(2): 310-313 (2015) Conservation without Nature: The Trouble with In Situ versus Ex Situ Conservation, Geoforum vol. 51: 47-57 (2014) Governing the Wild: Databases, Algorithms, and Population Models as Biopolitics, Surveillance & Society vol. 12(1): 15-37 (2014) Rights of Passage: On Doors, Technology, and the Fourth Amendment, Journal of Law, Culture and the Humanities 1-24 (2014) Animal Frontiers: A Tale of Three Zoos in Israel/Palestine, Cultural Critique vol. 85: 122-162 (2013) Animal Mobilegalities: The Regulation of Animal Movement in the American City, Humanimalia vol. 5(1): 104-135 (2013) Passing the Sniﬀ Test: Police Dogs as Biotechnology, Buffalo Law Review vol. 61: 81-168 (2013)

CHAPTERS

More-than-Human Legalities in The Wiley Handbook of Law and Society (Patrick Ewick and Austin Sarat, editors) (Wiley Press, 2015) (307-321)

The Life and Law of Corals: Breathing Meditations in Handbook of Research Methods in Environmental Law (Andreas Philippopoulos-Mihalopoulos and Victoria Brooks, editors) (Edward Elgar Publishing, 2016)

Captive for Life: Conserving Extinct Species through Ex Situ Breeding in The Ethics of Captivity (Lori Gruen, editor) (Oxford University Press, 2014) (193-212)

The Regulatory Life of Threatened Species Lists in Lively Legalities: Animals, Biopolitics, Law (Irus Braverman, editor) (Routledge, 2016) (19-38)

Good Night, Zoo: Human-Animal-City Relations in Children’s Books in Virtual and Ideal Worlds Part II (Ulrich Gehmann and Martin Reiche, editors) (Columbia University Press, 2014) (159-175)

En-Listing Life: Red is the Color of Threatened Species Lists in Critical Animal Geographies (Rosemarie Collard and Kathryn Gillespie, editors) (Routledge/Earthscan, 2015) (184-202)

Order and Disorder in the Urban Forest in Urban Forests, Trees, and Green Space: A Political Ecology Perspective (L. Anders Sandberg, Adrina Bardekjian and Sadia Butt, editors) (Routledge/ Earthscan, 2014) (132-146)

Is the Puerto Rican Parrot Worth Saving? The Biopolitics of Endangerment and Grievability in Economies of Death (Kathryn Gillespie and Patricia Lopez, editors) (Routledge/Earthscan, 2015) (73-94)

A Study of Animals and Law in the American City in Law’s Idea of Nature (Keith H. Hirokawa, editor) (Cambridge University Press, 2014)

Who’s Afraid of Methodology? Advocating a Reflective Turn in Legal Geography in The Expanding Spaces of Law: A Timely Legal Geography (with Nicholas Blomley, David Delaney and Alexandre (Sandy) Kedar, editors) (Stanford University Press, 2014) Legal Tails: Policing American Cities through Animals in Urban Policing, Securitization, and Regulation (Randy K. Lippert and Kevin Walby, editors) (Routledge, 2013) (130-144)

S. Todd Brown

Luis E. Chiesa

PROFESSOR

VICE DEAN FOR ACADEMIC AFFAIRS

DIRECTOR OF THE BUFFALO CRIMINAL LAW CENTER

DIRECTOR OF THE CENTER FOR THE STUDY OF BUSINESS TRANSACTIONS LLM, Temple University, Beasley School of Law JD, Columbia University School of Law BA, Loyola University of New Orleans (716) 645-6213 stbrown2@buﬀalo.edu

“My research currently focuses

AREAS OF INTEREST

on the intersection of corporate

Bankruptcy

bankruptcy, bankruptcy trusts and mass tort litigation. Recent articles include a study outlining the performance of 32 bankruptcy trusts and the implications for future asbestos personal injury victims, an analysis of individual plaintiﬀs’ roles in multidistrict mass tort litigation, and the practices that underlie specious claim patterns in comprehensive settlements and the use of stratified and targeted sampling to address these practices. My next article discusses the use of the debtor’s settlement history in the bankruptcy estimation process in asbestos-

(716) 645-3152 lechiesa@buﬀalo.edu

“My research lies at the intersection of criminal law, philosophy and comparative law.

Mass Tort and Business Law

Drawing from my experience

ARTICLES

teaching and lecturing about

Consent, Coercion and Bankruptcy Administration, Journal of Business and Technology Law vol. 11(1): 25-57 (2016)

criminal law in the United States, Canada, Latin America, Europe and Asia, my work

The Story of Prudential Standing, Hastings Constitutional Law Quarterly vol. 42(1): 95-132 (2014)

aims to understand and critique domestic criminal law doctrines by looking at how

Bankruptcy Trusts, Transparency and the Future of Asbestos Compensation, Widener Law Journal vol. 23: 299-375 (2013) (symposium article)

other countries approach basic concepts of criminal theory.”

AREAS OF INTEREST Animal Cruelty Laws Criminal Law Criminal Procedure Torts Jurisprudence

BOOKS Substantive Criminal Law: Cases, Comments and Comparative Materials (Carolina Academic Press, 2014) In Spanish Derecho Penal Sustantivo (JTS Publishers, 2nd edition, 2013)

ARTICLES

How Long is Forever This Time? The Broken Promise of Bankruptcy Trusts, Buffalo Law Review vol. 61: 537-605 (2013)

The Evil Waiter Case, University of Miami Law Review vol. 69: 161-192 (2014) Reassessing Professor Dressler’s Plea for Complicity Reform: Lessons from Civil Law Jurisdictions, New England Journal of Criminal & Civil Confinement 1 vol. 40: 1-19 (2014) (invited submission)

Plaintiﬀ Control and Domination in Multidistrict Mass Torts, Cleveland State Law Review vol. 61: 391-442 (2013)

related bankruptcies.”

Actmissions, West Virginia Law Review vol. 116: 583-618 (2013)

Kim Diana Connolly JSD, Columbia Law School LLM, Columbia Law School JD, University of Puerto Rico Law School BBA, University of Puerto Rico Law School

PROFESSOR VICE DEAN FOR EXPERIENTAL AND SKILLS EDUCATION DIRECTOR OF CLINICAL LEGAL EDUCATION 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

CHAPTERS Comparative Criminal Law in Oxford Handbook of Criminal Law (Markus Dubber and Tatjana Hörnle, editors) (Oxford University Press, 2014) (1089-1114) General Defenses in Criminal Law in the United States of America in General Defenses in Criminal Law (Michael Bohlander and Alan Reed, editors) (Ashgate, 2014) (329-342) Criminal Participation in the United States in Participation in Crime: Domestic and Comparative Perspectives (Michael Bohlander and Alan Reed, editors) (Ashgate, 2013) (469-487) In Spanish ADN y Proceso Penal in Los Estados Unidos: Cinco Problemas (Juan Luis Gómez-Colomer, editor) (Tirant Lo Blanch Publishers, 2014)

“My substantive research focuses on a number of related areas, including wetlands law

AREAS OF INTEREST Administrative Law Clinical Legal Education

and policy as well as other

Environmental Law

environmental regulatory

International Law

and related subjects.

Law and Science

More recently I have added

Law and Social Science

an interest in how the mass

Legal Education

media covers environmental law and policy matters. I have also conducted research on student learning and andragogical issues, including work on experiential and interdisciplinary learning. In all cases, I seek to bring serious scholarly study to pressing issues facing people and ecosystems on various levels.”

Legislation Natural Resources Law

BOOKS The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North (with Errol E. Meidinger and Ezra B.W. Zubrow, editors) (SUNY Press, forthcoming 2016)

ARTICLES Do Good to Get Barred: The New Empire State Pro Bono Requirement’s Potential Impact on Environmental Law Practitioners, The New York Environmental Lawyer (Spring-Summer 2013)

Is It Time for Real Reform? (with Mary Lynch) NYSBA Bar Journal (September 2013) Towards Engaged Scholarship (with John Nolan, Michelle Bryan Mudd, Michael Burger, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith Hirokawa, Tim Iglesias, Patrick C. McGinley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom and Christopher Serkin) Pace Law Review vol. 33: 821-877 (2013)

CHAPTERS Regulation of Coastal Wetlands and Other Waters in the United States in Ocean and Coastal Law and Policy (American Bar Association, 2nd edition, 2015) (127-176)

Matthew Dimick ASSOCIATE PROFESSOR PhD, University of Wisconsin-Madison JD, Cornell Law School BA, Brigham Young University

(716) 645-7968 mdimick@buﬀalo.edu

“My research studies the relationship between law and economic inequality. While we

AREAS OF INTEREST Income Tax Tax Policy

may well condemn inequality

Labor and Employment Law

as an injustice in itself, it also

Law and Economics

has many negative side eﬀects: a corrosion of the political process, skewed public policies, and an unstable financial system, to name but a few. While the causes of rising income inequality are many and complex, the law undoubtedly plays a role. Traditionally, the economic analysis of law has focused on 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—

ARTICLES The Altruistic Rich? Inequality and OtherRegarding Preferences for Redistribution (with David Rueda and Daniel Stegmueller) Quarterly Journal of Political Science (forthcoming 2017) Should the Law Do Anything About Economic Inequality? Cornell Journal of Law and Public Policy (forthcoming 2017) Wage-Setting Institutions and Corporate Governance (with Neel Rao) Journal of Comparative Economics (forthcoming 2017) Lords and Order: Credible Rulers and State Failure, Rationality and Society vol. 27(2): 161-194 (2015) Productive Unionism, University of California at Irvine Law Review vol. 4(2): 679-724 (2014)

the economic pie." 20

The Myth of the Litigious Society: Why We Don’t Sue (University of Chicago Press, 2016) Think that the United States is lawsuit-happy? Think again. Professor David Engel’s new book debunks the commonly held belief that injured Americans have their attorney on speed-dial. Engel explores the reasons injury victims don’t seek redress for their suﬀering, instead relying on their own resources, family and friends, and government programs to cover their losses. “Why are people so inactive when they get injured, and what are the social consequences of that? Nobody has asked why that is,” the author says. He posits three main reasons: It’s diﬃcult for people in pain to think clearly; popular culture portrays those who sue in a bad light; and Americans may accept injuries as the acceptable byproducts of consumer goods.

David M. Engel SUNY DISTINGUISHED SERVICE PROFESSOR JD, University of Michigan Law School MA, University of Michigan AB, Harvard University

(716) 645-2514 dmengel@buﬀalo.edu

“My research traces the ways in which rights become active, identities are forged, and law is woven into the fabric of day-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 claim or even consult a lawyer. I explain this overwhelming preference for law avoidance by drawing on interdisciplinary studies of injury and cognition. Another line of work explores recent transformations in law, culture, and society in Southeast Asia, with particular attention to Thailand.”

AREAS OF INTEREST

ARTICLES

CHAPTERS

Torts

Blood Curse and Belonging in Thailand: Law, Buddhism, and Legal Consciousness, Asian Journal of Law and Society vol. 3: 71-83 (2016)

Religion, Modernity, and Injury in Thailand in Religion in Disputes: Pervasiveness of Religious Normativity in Disputing Processes (Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Martin Ramstedt and Bertram Turner, editors) (Palgrave Macmillan, 2013) (215-230)

Law and Society Asian Legal Cultures Legal Ethnography Rights Consciousness

BOOKS The Myth of the Litigious Society: Why We Don’t Sue (University of Chicago Press, 2016)

Perception and Decision at the Threshold of Tort Law: Explaining the Infrequency of Claims, (Eighteenth Annual Cliﬀord Symposium on Tort Law and Social Policy) DePaul Law Review vol. 62: 293-334 (2013) (Translated into Japanese and published in Law As Everyday Practice: Sociology of Law on Clinical Knowledge (Hidekazu Nishida and Kenji Yamamoto, editors) (2016)) Keynote Address: Reimagining Law and Society Research in Southeast Asia, Chiang Mai University Law Review (2015) Rights as Wrongs: Legality and Sacrality in Thailand, Asian Studies Review vol. 39: 38-52 (2015) State and Personhood in Southeast Asia: The Promise and Potential for Law and Society Research (with Lynette Chua) Asian Journal of Law and Society (2015) (211-228)

Charles Patrick Ewing

Lucinda M. Finley

SUNY DISTINGUISHED SERVICE PROFESSOR

FRANK G. RAICHLE PROFESSOR OF TRIAL AND APPELLATE ADVOCACY

DIRECTOR OF THE ADVOCACY INSTITUTE

“Most of my research deals with the use of psychological, psychiatric and other scientific expertise in the resolution of legal conflicts. Primarily, I am interested in the uses and abuses of psychological/psychiatric expert testimony, which plays a key, and sometimes decisive, role in criminal and civil litigation. I also continue to study the etiology of interpersonal violence, a critical concern in both criminal and civil litigation.”

PhD, Cornell University JD, Harvard Law School BA, Syracuse University

JD, Columbia University Law School BA, Barnard College

(716) 645-2770 cewing@buﬀalo.edu

(716) 645-3594 finleylu@buﬀalo.edu

AREAS OF INTEREST

“My research focuses on the gender-based impact of seemingly

Criminal Law

neutral tort doctrines. I am

Forensic Psychology

studying caps on non-economic

Violent Behavior Mental Health Professionals in National Security and Safety

damages to demonstrate that caps have a disparate impact

Professional Ethics

on women, the elderly, and children’s death cases. I’m also

BOOKS

exploring why non-economic

Preventing the Sexual Victimization of Children: Legal, Psychological and Public Policy Perspectives (Oxford University Press, 2014

damages are an under-sustained challenge, and why women tend to receive greater proportions of their tort awards in

CHAPTERS

non-economic damages, as well

“Above all, do no harm”: The Role of Health and Mental Health Professionals in the Capital Punishment Process (with Steven K. Erickson) in America’s Experiment with Capital Punishment (Carolina Academic Press, 3rd edition, 2014) (613-626)

as other important empirical questions about the hidden or unintended consequences of tort reform, including how it will aﬀect lawyers’ case selection and settlement strategies. Better 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 22

equitable law reform.”

AREAS OF INTEREST Tort Law and Gender Issues Feminist Legal Theory Reproductive Rights Equal Protection Law and Equality Theory First Amendment and Limits on Protest Activity

CHAPTERS Geduldig v. Aiello in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Linda L. Berger, Bridget J. Crawford and Kathryn M. Stanchi, editors) (Cambridge University Press, 2016) (185-207)

Rebecca R. French PROFESSOR PhD, Yale University LLM, Yale Law School JD, University of Washington Law School BA, University of Michigan

(716) 645-2101 rrfrench@buﬀalo.edu

“In the course of my investigation of the Tibetan legal system, I discovered a gaping hole in the substantial discipline of Religious Legal Studies — the study of Buddhist legal systems. Incredibly, almost nothing has been written on the legal systems that were influenced by Buddhism, one of the largest world religions with a 2,500 year history and 500 million followers. My project for the last few years has been to write in this area and to organize a wide array of international scholars to talk, think and write about this exciting new subject matter.”

AREAS OF INTEREST Anthropology of Law Comparative Law Law and Religion Property Law and Social Science Buddhism and Law

BOOKS Buddhism and Law: An Introduction (with Mark Nathan, editors) (Cambridge University Press, 2014)

ARTICLES Editor’s Introduction, Buddhism, Law and Society vol. 1 (2016) What is Buddhist Law? Buffalo Law Review vol. 63: 833- 872 (2015) Buddhism and Natural Law (Symposium on Natural Law) Journal of Comparative Law vol. 8: 141 (2013-14)

CHAPTERS The Sakyadhita Movement: Buddhist Law, Feminism and Nuns in Law, Feminism and Religion (Marie Failinger, Elizabeth Schiltz and Susan Stabile, editors) (Ashgate Press, 2013)

James A. Gardner INTERIM DEAN SUNY DISTINGUISHED PROFESSOR BRIDGET AND THOMAS BLACK PROFESSOR JD, University of Chicago Law School BA, Yale University

(716) 645-3607 jgard@buﬀalo.edu

“Americans have long fretted about the disjunction between our high aspirations for the democratic electoral process and the desultory reality of the modern election campaign. My research examines the role of the law in constituting this disjunction. I am interested in how the law regulating campaigns operates in its actual institutional setting; how the findings of empirical social science determine what kinds of campaigns the law might feasibly aspire to institutionalize; and how democratic theory addresses

AREAS OF INTEREST Constitutional Structure of Politics Law and Democratic Theory State Constitutional Law Federalism

ARTICLES Claims of Distinctive Identity in Federal Systems: Judicial Policing of the Limits of Subnational Variance (with Antoni Abat i Ninet) International Journal of Constitutional Law vol. 14 (forthcoming 2016) Practice-Driven Changes to Constitutional Structures of Governance, Arkansas Law Review vol. 68 (forthcoming 2016) Justice Brennan and the Foundations of Human Rights Federalism, Ohio State Law Journal vol. 77: 355-385 (2016)

Partitioning and Rights: The Supreme Court’s Accidental Jurisprudence of Political Representation, Florida State University Law Review vol. 42: 61-94 (2015) Autonomy and Isomorphism: The Unfulfilled Promise of Structural Autonomy in American State Constitutions, Wayne Law Review vol. 60: 31-67 (2014) Federalism and Subnational Political Community, Harvard Law Review Forum vol. 127: 153-158 (2014) The Incompatible Treatment of Majorities in Election Law and Deliberative Democracy, Election Law Journal vol. 12: 468-489 (2013) The Myth of State Autonomy: Federalism, Political Parties, and the National Colonization of State Politics, Journal of Law and Politics vol. 29: 1-68 (2013)

the normative desirability of these institutional options.”

CHAPTERS La contienda intergubernamental en sistemas federados, Yearbook of the National Academy of Law (Córdoba, Argentina) (forthcoming 2016)

BOOK REVIEWS Law and Politics Book Review vol.24 (4): 186-189 (April, 2014) (reviewing Federal Dynamics: Continuity, Change, and the Varieties of Federalism (Arthur Benz and Jörg Broschek, editors) (Oxford, 2013))

Stuart G. Lazar PROFESSOR LLM, New York University School of Law JD, University of Michigan Law School AB, University of Michigan

(716) 645-2749 slazar@buﬀalo.edu

“My research interest has focused on federal tax law. While it might

Taxation

seem like an oxymoron to use the

Corporation Taxation

terms ‘tax law’ and ‘interest’ in the same sentence, understanding the ‘whats’ and ‘whys’ of a text longer than the Bible has proved fascinating. The term ‘tax simplification’ is often discussed in Washington as being a cure for all our economic ills. However, it is quite clear that our nation’s politicians will never stop using the Internal Revenue Code as a mechanism for instituting social and economic policy. In fact, each change to the tax code made over the last couple of years, while championed as ‘simplification,’ makes it even harder for individuals and businesses to navigate their way through the maze of tax rules and regulations by which they are governed. And no one has reason to believe that additional ‘reforms’ are not 25

AREAS OF INTEREST

just around the corner.”

Partnership Taxation Tax Policy

BOOKS Mastering Partnership Taxation (Carolina Academic Press, 2013)

ARTICLES Business, Lobbying as an Informational Public Good: Can Tax Deductions for Lobbying Expenses Promote Transparency? (with Michael Halberstam) Election Law Journal vol. 13(1): 91-116 (2014)

CHAPTERS Corporate Liquidations in White on New York Business Entities vol. 1 (LexisNexis, 2013) The S Corporation Alternative in White on New York Business Entities vol. 1 (LexisNexis, 2013) (3-1-3-65)

Meredith Kolsky Lewis PROFESSOR VICE DEAN FOR INTERNATIONAL AND GRADUATE PROGRAMS 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

“My research focuses on international trade law, particularly issues relating to the World Trade Organization, free trade agreements, dispute settlement and trade policy. My 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 in New Zealand and Japan. I am currently engaged in several research projects relating to plurilateral trade agreements and mega-FTAs, including a monograph for Cambridge University Press on the Trans-Pacific Partnership.”

AREAS OF INTEREST International Economic Law International Trade Law International Dispute Settlement Free Trade Agreements World Trade Organization Law

BOOKS Trade Agreements at the Crossroads (with Susy Frankel, editors) (Routledge, 2014)

ARTICLES The United States’ Path to Concluding the Trans-Pacific Partnership: Will TPA + TAA = TPP? European Yearbook of International Economic Law 2016, vol. 7 (Bungenberg et al., editors) (Springer, 2016) (495-505) TPP and RCEP: Implications of Mega-FTAs for Global Governance, Social Science Japan vol. 52: 11-13 (2015) Food Miles: Environmental Protection or Disguised Protectionism? (with Andrew D. Mitchell) Michigan Journal of International Law vol. 35: 579-636 (2014)

Human Rights Provisions in Free Trade Agreements: Do the Ends Justify the Means? Loyola University Chicago International Law Review vol. 12(1): 1-22 (2014) Plurilateral Trade Negotiations: Supplanting or Supplementing the Multilateral Trading System? ASIL Insights vol. 17(17) (2013) (www.asil.org/insights/volume/17/issue/17) The TPP and the RCEP (ASEAN + 6) as Potential Paths Toward Deeper Asian Economic Integration, Asian Journal of WTO & International Health Law and Policy vol. 8: 359-378 (2013)

CHAPTERS The TPP as a Potential New Paradigm for Trade Agreements: Implications and Opportunities in El TLCAN Frente a Nuevas Negociaciones Comerciales Regionales: el TPP y el TTIP (María Celia Toro Hernández, editor) (forthcoming 2016) (translated into Spanish)

The ASEAN-Australian-New Zealand Free Trade Agreement in Bilateral and Regional Trade Agreements: Case Studies (Lorand Bartels, Simon Lester and Bryan Mercurio, editors) (Cambridge University Press, Second Edition, 2016) (114-132) International Political Economy and the Prisoner’s Dilemma: Compliance with International Law in The Political Economy of International Law: A European Perspective (Alberta Fabricotti, editor) (Edward Elgar Publishing, 2016) (178-201) When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita (Julien Chaisse and Tsai-Yu Lin, editors) (Oxford University Press 2016) (9-27) The Significance of the Trans-Pacific Partnership for the Asia-Pacific in El Acuerdo deAsociación Transpacífico (TPP): Bisagra o Confrontación entre elAtlántico y el Pacífico (Arturo Oropeza García, editor) (National Autonomous University of Mexico, 2014) (95-109)

Anjana Malhotra ASSOCIATE PROFESSOR JD, New York University School of Law BA, Duke University

(716) 645-3696 anjanama@buﬀalo.edu

What to Do When Disagreement Strikes? The Complexity of Dispute Settlement under Trade Agreements (with Peter L.H. Van den Bossche) in Trade Agreements at the Crossroads (with Susy Frankel, editors) (Routledge, 2014) (9-25) The Trans-Pacific Partnership and Development in Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement (Tania Voon, editor) (Edward Elgar, 2013) (28-49) The Web of Trade Agreements and Alliances and Impacts on Regulatory Autonomy (with Susy Frankel, Chris Nixon and John Yeabsley) in Recalibrating Behaviour: Smarter Regulation in a Global World (Susy Frankel and Deborah Ryder, editors) (LexisNexis, 2013) (17-61)

“My research explores

Multilateralism in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadakavukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2016)

immigration law and policy, constitutional law, and international human rights, with a particular focus on

Plurilateralism in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadakavukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2016)

substantive theories of equality and access to justice. I link these areas by exploring the manner in which legal doctrine, procedures, and institutional

Voluntary Export Restraints (VERs) and Orderly Marketing Arrangements (OMAs) in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadakavukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2016)

arrangements can optimally interact to promote equality and fundamental rights. In asking these questions, I am particularly interested in how legal institutions, legislation, and doctrine both regulate and are aﬀected by larger issues of race,

VOLUMES

ethnicity, citizenship, social

Bilateralism in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadakavukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2016)

and economic class, and other markers of identity and membership.”

AREAS OF INTEREST Immigration Law Constitutional Law International Human Rights Equality and Access to Justice

ARTICLES The Immigrant and Miranda, Southern Methodist University Law Review vol. 66: 277-338 (2013)

Isabel Marcus PROFESSOR PhD, University of California, Berkeley JD, University of California, Berkeley School of Law MA, University of California, Berkeley BA, Barnard College

(716) 645-2108 imarcus@buﬀalo.edu

“For the past 20 years, I have devoted my scholarly, activist and pedagogical attention to human rights issues, with particular emphasis on women’s human rights. Much of my lecturing, training and provision of scholarships has been to NGO lawyers focusing on women’s rights in Eastern Europe and the former

AREAS OF INTEREST Family Law Domestic Violence International Human Rights International Women’s Human Rights Remedies

ARTICLES The “Woman Question” in Post-Socialist Legal Education, Human Rights Quarterly vol. 36: 507-568 (2014)

Soviet Union. More specifically, I have worked with them on violence against women in post-socialist societies. My concerns extend to legal, political and social theory and practice regarding gender, nationalism, civil society and eﬀorts to develop and implement a rule of law. To supplement my domestic teaching, I teach at universities and consult with NGOs in post-socialist countries on a regular ongoing basis.” 28

Martha T. McCluskey PROFESSOR AND WILLIAM J. MAGAVERN FACULTY SCHOLAR JSD, Columbia University School of Law LLM, Columbia University School of Law JD, Yale Law School BA, Colby College

(716) 645-2326 mcclusk@buﬀalo.edu

AREAS OF INTEREST

ARTICLES

questions of economic policy

Law and Economics

and regulation from outside

Welfare Law

Constitutional Economic Justice: Structural Power for “We the People” Yale Law and Policy Review vol. 35 (forthcoming 2016)

“My interest is in exploring

the conventional boundaries of

Gender and Law

‘private’ law and neo-classical

Critical Legal Studies

economics. I am interested in

Health Law

how law and politics shape markets and in how economic policies reflect and reproduce ideas about citizenship and social status. I draw on critical perspectives of legal theory to examine the relationships between questions of economics and questions of race, gender, class, sexuality and disability status. My work challenges the divide between economic and moral or social regulation.”

Employment Law Family Law Disability Law Civil Rights Law Race and the Law Insurance and the Law Occupational Safety and Health Government Ethics Regulation Energy Law Higher Education Law Finance

Law and Economics: Contemporary Approaches (Casebook Introduction) (with Frank Pasquale and Jennifer Taub) Yale Law and Policy Review vol. 35 (forthcoming 2016) Framing Middle Class Insecurity: Tax and the Ideology of Unequal Growth, Fordham Law Review vol. 84: 2699-2720 (2016) Facing the Ghost of Cruikshank in Constitutional Law, Journal of Legal Education vol. 65(2): 278-297 (2015) Toward A Fundamental Right to Evade Law? Protecting the Rule of Power in Shelby County and State Farm, Berkeley Journal of African-American Law & Policy (Symposium) vol. 17(2): 216-229 (2015) and Touro Law Journal of Race, Gender & Ethnicity vol. 7: 216-229 (2015) How the “Unintended Consequences” Story Promotes Unjust Intent and Impact, Berkeley La Raza Law Journal (LatCrit XV Symposium Issue) vol. 22: 21-51 (2013)

When Caring is Work: Home, Health, and the Invisible Workforce (Introduction) (with Dianne Avery) Buffalo Law Review vol. 61: 253-268 (2013)

CHAPTERS Big Government Against Social Responsibility: A Vulnerability Critique of Privatization’s Public Priorities in Privatization, Vulnerability, and Social Responsibility (Martha A. Fineman, Ulrika Andersson, and Titti Mattsson, editors) (Ashgate/ Routledge, forthcoming 2016) Personal Responsibility for Systemic Inequality in Edgar Elgar Handbook on Political Economy and the Law (Ugo Mattei and John Haskell, editors) (Edward Elgar, 2015) (227-245)

Errol E. Meidinger MARGARET W. WONG PROFESSOR DIRECTOR OF THE BALDY CENTER FOR LAW AND SOCIAL POLICY HONORARY PROFESSOR, UNIVERSITY OF FREIBURG, GERMANY PhD, Northwestern University JD, Northwestern University School of Law

MA, Northwestern University BA, University of North Dakota

(716) 645-6692 eemeid@buﬀalo.edu

“My research focuses on how non-governmental actors interact with each other and with governments to establish and maintain transnational regulatory programs in fields where governments have typically been the main regulators — e.g., environmental protection, human rights, and food safety. I am studying how effective, fair, and democratic the emerging governance ecosystems are, and particularly, how competition 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 creating effective international

AREAS OF INTEREST Administrative Law Environmental Law Indigenous Peoples’ Law International Business Transactions International Environmental Law International Trade and Environment Legal Theory Sociology of Law

BOOKS The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North (with Ezra B.W. Zubrow and Kim Diana Connolly, editors) (SUNY Press, forthcoming 2016)

ARTICLES The Business of Human Rights, Annual Review of Law and Social Science (forthcoming 2017)

environmental and social regulatory programs. As 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.”

The Interactive Dynamics of Transnational Business Governance: A Challenge for Transnational Legal Theory (with Kenneth W. Abbott, Julia Black, Burkard Eberlein and Stepan Wood) Transnational Legal Theory vol. 6: 333-369 (2016) Transnational Business Governance Interactions: Conceptualization and Framework for Analysis (with Kenneth W. Abbott, Julia Black, Burkard Eberlein and Stepan Wood) Regulation and Governance vol. 8(1): 1-21 (2014)

CHAPTERS Environmental Principles in the United States and Canada (with Daniel Spitzer and Charles Malcomb) in The Encyclopedia of Environmental Law (Edward Elgar Publishing, 2016)

“My current scholarship trains a comparative lens on the types,

Tara J. Melish

Teresa A. Miller

ASSOCIATE PROFESSOR

VICE PROVOST FOR EQUITY & INCLUSION

DIRECTOR OF THE BUFFALO HUMAN RIGHTS CENTER

PROFESSOR

JD, Yale Law School BA, Brown University

LLM, University of Wisconsin Law School JD, Harvard Law School BA, Duke University

(716) 645-2257 tmelish@buﬀalo.edu

(716) 645-2391 tmiller@buﬀalo.edu

AREAS OF INTEREST Public International Law

numbers and use patterns of the

International Human Rights Law

institutional spaces recognized

Economic, Social and Cultural Rights

by national and sub-national communities for deepening domestic engagement with human rights and human rights treaty norms. A mapping of these institutional spaces, particularly with respect to their quality, quantity and accessibility to disaggregated population groups, provides a more accurate and reliable picture of human rights treaty compliance, I contend, than other measures typically espoused in the empirical literature. In particular, my work seeks to describe how these spaces are

“Although traditionally viewed

AREAS OF INTEREST

as distinct from the criminal

Criminal Punishment Theory

justice system, the United States immigration system has

Immigration Law Prisoner Law

Comparative Constitutional Law

adopted many of the techniques

Criminal Procedure

Comparative Adjudication Standards

and objectives associated with

Law and Documentary Studies

crime control within the

CHAPTERS

War on Drugs. In the wake

Putting “Human Rights” Back into the U.N. Guiding Principles on Business and Human Rights: Shifting Frames and Embedding Participation Rights in Business and Human Rights: Beyond the End of the Beginning (Cesar Rodriguez-Garavito, editor) (forthcoming 2016)

of the terror attacks of 9/11, the convergence of our civil system of immigration regulation and our failing domestic criminal justice system has intensified. As a scholar, I am committed to

An Eye Toward Eﬀective Enforcement: A Technical-Comparative Approach to the Drafting Negotiations in Voices from Within: Civil Society’s Involvement in the Drafting of the Convention on the Rights of Persons with Disabilities (Maya Sabatello and Marianne Schulze, editors) (University of Pennsylvania Press, 2013) (70)

documenting the points of convergence between these two systems and underscoring the ironies that cast into doubt the legitimacy of this potent new system of social control.”

used by distinct groups to set in motion broader processes of participatory engagement to advance dignitary interests.” 31

ARTICLES Bright Lines, Black Bodies: The Florence Strip Search Case and its Dire Repercussions, Akron Law Review vol. 46: 433-472 (2013)

James G. Milles

Athena D. Mutua

PROFESSOR

PROFESSOR AND FLOYD H. AND HILDA L. HURST FACULTY SCHOLAR

JD, Saint Louis University School of Law MLIS, University of Texas at Austin BA, Saint Louis University

LLM, Harvard Law School MA, American University JD, American University Washington College of Law BA, Earlham College (716) 645-2873 admutua@buﬀalo.edu

(716) 645-5543 jgmilles@buﬀalo.edu

“I am interested in identifying factors that contribute to

AREAS OF INTEREST

“My work is inspired by much of the activism (both

Legal Ethics Behavioral Legal Ethics

recent and historical) around

developing practices that

Information Privacy

the pursuit of human dignity,

promote ethical behavior.

Computer Crime

lawyers’ ethical failures and

Ethical failures are not limited to bad lawyers, or bad people. Situational factors have enormous influence on compliance with rules and

democracy, justice, and prosperity. My scholarship

ARTICLES

focuses specifically on issues

Legal Education in Crisis, and Why Law Libraries are Doomed, Law Library Journal vol. 106: 507-520 (2014)

related to racial, economic and gender justice. In it, I seek to map the mechanisms

norms. My current research

by which law, together with

focuses on client waivers of

other social structures, works

conflicts of interest, and how

to both hinder and support

research in cognitive science

these justice pursuits.”

illuminates the influences

AREAS OF INTEREST Constitutional Law Civil Rights Law Corporate Law and Regulation Critical Race, Economic, and Feminist Legal Theory

ARTICLES Framing Elite Consensus, Ideology and Theory & A ClassCrits Response, Southwestern Law Review vol. 44: 635-667 (2015) LATCRIT PRAXIS @ XX: Toward Equal Justice in Law, Education and Society (with Tayyab Mahmud and Francisco Valdes) Chicago-Kent Law Review vol. 90: 361-426 (2015) Disparities in Judicial Misconduct Cases: Color-Blind Diversity?, The American University Journal of Gender, Social Policy and the Law vol. 23: 23-105 (2014)

that can prevent consent from being truly informed.”

Stuck: Fictions, Failures and Market Talk as Race Talk (Forward to ClassCrits VI Symposium Issue: Stuck in Forward? Debt, Austerity and the Possibilities of the Political) Southwestern Law Review vol. 43: 517-548 (2014) Multidimensionality is to Masculinities what Intersectionality is to Feminism, Nevada Law Journal vol. 13: 341-367 (2013) 32

Makau W. Mutua SUNY DISTINGUISHED PROFESSOR FLOYD H. AND HILDA L. HURST FACULTY SCHOLAR 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

A Human Rights Standards: Hegemony, Law, and Politics (SUNY Press, 2016) “Standards, norms or rules are the foundation of any legal regime,” says Professor Makau W. Mutua, “and human rights law wouldn’t exist but for human rights standards. As a result, how norms and standards are made and who owns them, are perhaps the most important questions any scholar can ask about human rights law.” Mutua asks those questions in this provocative book, which brings the perspective of the Global South to his critique of human rights law and activism. His global leadership in this area also extends to the International Development Law Organization, the only intergovernmental organization exclusively devoted to promoting the rule of law. Mutua is vice chair of the governing Board of Advisers of the IDLO, which has its headquarters in Rome.

“My scholarship has centered on state legitimacy, postcolonialism, constitutionalism and the critiques of the human rights idiom. In a world that is increasingly defined by relativism — and the expansion of the meaning and content of freedom — shackles of state power are constantly being loosened. Human rights is

AREAS OF INTEREST Public International Law Human Rights International Business Transactions Post-Colonialism Third World Approaches to International Law (TWAIL) State Reconstruction Post-Conflict Societies Constitution-Making Transitional Justice

the medium of choice for this

BOOKS

discourse which has become

Human Rights Standards: Hegemony, Law, and Politics (David C. Earnest, editor) (SUNY Press, 2016)

indispensable in post-colonial societies, by far the overwhelming majority of the earth’s inhabitants. How societies resolve the questions I tackle may very well determine the pace at which the chasm between power and powerlessness shrinks or grows.”

ARTICLES Africa and the Rule of Law, International Journal of Human Rights (Revista Internacional de Direitos Human) vol. 23: 1-6 (2016) Mazrui and Barkan: A Tribute, Journal of Contemporary African Studies vol. 33: 433-440 (2016)

What is the Future of Transitional Justice?, International Journal of Transitional Justice (Special Issue, 2015) (1-9)

CHAPTERS Africans and the ICC: Hypocrisy, Impunity, and Perversion in Africans and Hague Justice: Realities and Perceptions of the International Criminal Court in Africa (Kamari Clarke, Abel Knottnerus, and Eefje de Volder, editors) (Cambridge University Press, forthcoming 2016) Closing the ‘Impunity Gap’ and the Role of State Support for the ICC in Contemporary Issues Facing the International Criminal Court (Richard H. Steinberg, editor) (Martinus Nijhoﬀ; Lam edition, 2016) (99-111) Is the Age of Human Rights Over? in The Routledge Companion to Literature and Human Rights (Sophia A. McClennen & Alexandra Schulthesis Moore, editors) (Routledge, 2016) (450-458) Why Kenya is a Nation in Embryo in 50 Years Since Independence: Where is Kenya? (Susan Wakhungu-Githuku, editor) (Nairobi: Footprints Press, 2013) (238-245)

Anthony O’Rourke

Jessica Owley

ASSOCIATE PROFESSOR

PROFESSOR

JD, Columbia Law School BA, University of Michigan

PhD, University of California, Berkeley JD, University of California, Berkeley School of Law MS, University of California, Berkeley MLA, University of California, Berkeley BA, Wellesley College

(716) 645-3097 aorourke@buﬀalo.edu

(716) 645-8182 jol@buﬀalo.edu

“Much of my research lies at

AREAS OF INTEREST

“My research centers on the

the intersection of criminal

Criminal Law and Procedure

evolving meaning of property.

procedure and structural constitutional law. I am currently exploring how political and economic conditions aﬀect the capacity of courts to solve diﬃcult doctrinal problems. Using a methodological approach that integrates doctrinal analysis with legal theory and social science, my work challenges some common assumptions concerning how institutional pressures shape both constitutional and statutory interpretation.”

I am particularly interested

Constitutional Law

AREAS OF INTEREST Environmental Law Property Law

Legislation

in how shifting meanings

Natural Resources Law

Statutory Interpretation

and interpretations aﬀect

Federal Indian Law

Legal Theory

environmental values and

Legislation and Statutory Interpretation

regulatory schemes. My recent

ARTICLES

line of inquiry examines the

Statutory Constraints and Constitutional Decisionmaking, Wisconsin Law Review vol. 2015: 87-152 (2015)

intersection between ‘public’ and ‘private’ land conservation and how that moving line influences

Substantive Due Process for Noncitizens: Lessons from Obergefell, Michigan Law Review First Impressions vol. 114: 9-20 (2015)

property and environmental law. I am intrigued by our relations to land and decisions about conservation at multiple

The Speedy Trial Right and National Security Detention, Oxford Journal of International Criminal Justice vol. 12: 871-896 (2014)

scales. I have been engaging with individual decisions regarding land use and the emergence of conservation

Windsor Beyond Marriage: Due Process, Equality and Undocumented Immigration, William and Mary Law Review vol. 55: 2171-2225 (2014)

easements as a preferred method of conservation. Where private agreements regarding land use form the backbone of our

Structural Overdelegation in Criminal Procedure, Journal of Criminal Law and Criminology vol. 103(2): 407-474 (Spring 2013)

conservation strategies, we elevate the role of the private landowner over community 34

needs and desires.”

Administrative Law Climate Change

BOOKS Rethinking Sustainability to Meet the Climate Change Challenge (with Keith H. Hirokawa, editors) (Environmental Law Institute Press, 2015)

ARTICLES Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs) (with Federico Cheever) Harvard Environmental Law Review vol. 40: 1-45 (2016) Trends in Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes and Allowable Private Land Uses (with Adena Rissman) Land Use Policy vol. 51: 76-84 (2016)

Adapting Conservation Easements to Climate Change (with Adena R. Rissman, M. Rebecca Shaw and Barton H. Thompson), Conservation Letters vol. 8: 68-76 (2015) Cultural Heritage Conservation Easements: The Problem of Using Property Law Tools for Heritage Protection, Land Use Policy vol. 49: 177-182 (2015) From Vacant Lots to Full Pantries: Urban Agriculture Programs and the American City (with Tonya Lewis), University of Detroit Mercy Law Review vol. 91: 233-258 (2015) Keeping Track of Conservation, Ecology Law Quarterly vol. 42: 79-138 (2015) Preservation is a Flawed Mitigation Strategy, Ecology Law Currents vol. 42: 1-14 (2015) A Response to the IPCC Fifth Assessment (with Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Kuh, Stephen Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott & David Takacs), Environmental Law Reporter News & Analysis vol. 45: 10027-10048 (2015)

Symbolic Politics for Disempowered Communities: State Environmental Justice Policies (with Tonya Lewis), Brigham Young University Journal of Public Law vol. 29: 183-240 (2015)

The Increasing Privatization of Environmental Permitting, Akron Law Review vol. 46: 1091-1131 (2013) Rethinking Sustainability to Meet the Climate Change Challenge (with Michael Burger, Elizabeth Burleson, Rebecca Bratspies, Robin Kundis Craig, Alexandra Harrington, Keith H. Hirokawa, Sarah KarkoďŹ&#x20AC;, Katrina Kuh,Stephen Miller, Patrick Parenteau, Melissa Powers, Shannon Roesler and Jonathan Rosenbloom), Environmental Law Reporter News and Analysis vol. 43: 10342-10357 (May 2013)

Green Siting for Green Energy (with Amy Morris and Emily Capello), Journal of Energy and Environmental Law vol. 5: 17-29 (Spring 2014) Mitigating the Impacts of the Renewable Energy Gold Rush (with Amy Morris), Minnesota Journal of Law, Science and Technology vol. 15: 293-388 (2014) Towards Engaged Scholarship (with John Nolon, Michelle Bryan Mudd, Michael Burger, Kim Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith H. Hirokawa, Tim Iglesias, Patrick C. Mc Ginley, Sean Nolon, Uma Outka, Kalyani Robbins, Jonathan Rosenbloom and Christopher Serkin), Pace Law Review vol. 33: 821-877 (2014) From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement, Environmental Law Reporter News and Analysis vol. 43: 10486-10491 (June 2013)

What Exactly are Exactions? New York Environmental Lawyer vol. 33: 30-35 (Spring/Summer 2013)

CHAPTERS Flexible Conservation in Uncertain Times (with David Takacs) in Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC (Robin Kundis Craig & Stephen R. Miller, editors) (Environmental Law Institute, 2016) (65-104)

Sustainability Thinking for the Climate Change Generation in Rethinking Sustainability to Meet the Climate Change Challenge (with Keith H. Hirokawa, editors) (Environmental Law Institute Press, 2015) (5-21) Property Constructs and Natureâ&#x20AC;&#x2122;s Challenge to Perpetuity in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith H. Hirokawa, editor) (Cambridge University Press, 2014) (64-86)

Stephanie L. Phillips

John Henry Schlegel

PROFESSOR

UB DISTINGUISHED PROFESSOR FLOYD H. AND HILDA L. HURST FACULTY SCHOLAR

JD, Harvard Law School BA, University at Buﬀalo

JD, University of Chicago Law School BA, Northwestern University

(716) 645-2201 slp@buﬀalo.edu

“My current research encompasses three topics. First, along with other innovators in the field of Mindfulness and Law, I have integrated mindfulness meditation into my substantive teaching and plan to collaborate on empirical research into the eﬃcacy of mindfulness techniques for improved cognitive functioning, emotional regulation and stress management. Second, I am co-teaching a series

(716) 645-2746 schlegel@buﬀalo.edu

AREAS OF INTEREST

“I am at work on a book about

Mindfulness and Law

law and economy in the 1950s. What fascinates about this

African-American Legal History

now long passed time is that

Conflict of Laws

its understanding of what

Law and Religion Critical Race Theory

makes up a ‘good economy’ is so unlike our own, and yet, that

CHAPTERS

lost understanding structures

Teaching African-American Legal History in Teaching Legal History: Comparative Perspectives (R.M. Jarvis, editor) (London: Wildy, Simmonds & Hill Publishing, 2014) (185-188)

so much of the debate about today’s economy. Such nostalgia for an unrecoverable past is pathological, but there may be a theme here. Most of my

of seminars in African-American

earlier work is directed toward

legal history, with a related book

recovering pasts that have

project. Third, I continue to

been pathologically distorted

develop my expertise in theologies

in our presents.”

of religious pluralism, as applied

AREAS OF INTEREST Legal History of the American Economy Corporate Finance Economic Redevelopment of Rust Belt Cities

ARTICLES On Absences as Material for Historical Study, Buffalo Law Review vol. 64: 141-159 (2016) Philosophical Inquiry and Social Practice, Virginia Law Review vol. 101: 1197-1202 (2015) “The Three Globalizations”: An Essay in Inquiry, Law and Contemporary Problems vol. 78: 19-35 (2015)

CHAPTERS And Absence in Critical History: Positionality in The Oxford Handbook of Historical Legal Research (Chris Tomlins and Markus D. Dubber, editors) (Oxford University Press, forthcoming 2018) The Birth of the Modern Law Professor in Wesley Newcomb Hohfeld (Ted Sichelman, editor) (Yale University Press, forthcoming 2017)

to the constitutional framework for managing religious diversity.”

. . . and Law? in Contemporary Legal Thought (Chris Tomlins and Justin Desautels-Stein, editors) (Cambridge University Press, forthcoming 2017) Critical Legal Studies in Blackwell Companion on American Legal History (Alfred Trophy and Sally Haddon, editors) (Wiley-Blackwell, 2013)(524-542) 36

Matthew Steilen

‘Desperadoes’ and the law

ASSOCIATE PROFESSOR JD, Stanford Law School PhD, Northwestern University BA, Carleton College

A new look at the case of an 18th century terrorist in Virginia has brought recognition to Associate Professor Matthew Steilen. His paper, The Josiah Philips Attainder and

(716) 645-8966 mjsteile@buﬀalo.edu

the Institutional Structure of the American Revolution, was selected for the 2016 Law & Humanities Interdisciplinary Junior Scholar Workshop at the UCLA School of Law. He was the only legal scholar whose work was chosen.

“I study the history and development of Anglo-American legal institutions. In England, my primary interest is the King’s Parliament. In America, it is popular assemblies

Philips, a Loyalist in the midst of the American Revolution, led a criminal gang that terrorized Virginians. A contemporary account called them “a party of desperadoes” who had “commenced to rob and murder … peaceful citizens.” “These militant, criminal loyalists posed a serious challenge for the new state governments formed in 1776 and 1777,” Steilen writes. “States like New York, Pennsylvania and

and courts of law.”

AREAS OF INTEREST Constitutional History Constitutional Law Legal Theory The Common Law

ARTICLES On the Place of Judge-Made Law in a Government of Laws, Critical Analysis of Law vol. 3 (forthcoming Fall 2016) Bills of Attainder, Houston Law Review vol. 53: 767-908 (2016) Due Process as Choice of Law, William & Mary Bill of Rights Journal vol. 24: 1047–1106 (2016) Judicial Review and Non-Enforcement at the Founding, University of Pennsylvania Journal of Constitutional Law vol. 17: 479-568 (2014) Collaborative Departmentalism, Buffalo Law Review vol. 61: 345-411 (2013)

Virginia struggled to administer civil justice and protect citizens across their expansive territories, and in some cases militants were able to operate in essentially ungoverned areas.”

Robert J. Steinfeld JOSEPH W. BELLUCK AND LAURA L. ASWAD PROFESSOR OF CIVIL JUSTICE PhD, Harvard University LLM, Harvard Law School JD, Boston College Law School AM, Harvard University BA, City College of New York (716) 645-2094 steinfel@buﬀalo.edu

“My current work focuses on

AREAS OF INTEREST

the origins of judicial review

Legal History

during the 1780s. There has been a veritable flood of writing on this subject in recent years, but largely because, in my view, no completely convincing account of the subject has, thus far, appeared. I argue that the origins of judicial review must be sought simultaneously in the constitutional controversies of the 1770s, and in an older set of assumptions about constitutional change through prescription.”

Constitutional History Property Law

BOOKS “To Save the People from Themselves”: The Problem of Popular Sovereignty and the Development of Early American Judicial Review (forthcoming)

ARTICLES The Rejection of Horizontal Judicial Review During America’s Colonial Period, Critical Analysis of Law vol. 2(1): 214-233 (2015)

BOOK REVIEWS The Journal of the Civil War Era vol. 4: 331-333 (June 2014) (reviewing Robert J. Cottrol, The Long, Lingering Shadow: Slavery, Race and Law in the American Hemisphere (University of Georgia Press, 2013))

“Immigration has long been viewed as a quintessential national issue. At the same time, it is becoming increasingly apparent that the local dimensions of immigration play a significant role in not only the development of our immigration policies, but also how immigrants are perceived in American society. My research aims to bridge this divide by exposing the intricate and complex relationship between immigration and local government law. I am currently examining how local government law’s systematic organization of space and community serves, in many instances, as a ‘second order’ regulatory component of our

Rick Su

Mateo Taussig-Rubbo

PROFESSOR

JD, Harvard Law School BA, Dartmouth College

PhD, University of Chicago JD, Yale Law School MPhil, Cambridge University BA, University of Chicago

(716) 645-5134 ricksu@buﬀalo.edu

(716) 645-5992 taussig@buﬀalo.edu

AREAS OF INTEREST

“Interweaving my concerns as

AREAS OF INTEREST

Immigration Law

a legal scholar with my training

Anthropology of Law

in cultural anthropology,

Local Government Law

ARTICLES Have Cities Abandoned Home Rule? Fordham Urban Law Journal vol. 44 (forthcoming 2016)

my work has focused on a set of

Criminal Law

legal and theoretical challenges

Comparative Law

posed by changes in the nature of state sovereignty in an era of privatization and globalization.

Intrastate Federalism, University of Pennsylvania Journal of Constitutional Law vol. 19 (forthcoming 2016)

In two geographical areas, I consider these changes by examining both institutional

The Promise and Peril of Cities and Immigration Policy, Harvard Law and Policy Review vol. 7: 299-319 (2013)

forms (law and policy) and moral, ethical and social values. In my U.S.-focused work,

The States of Immigration, William & Mary Law Review vol. 54: 1339-1407 (2013)

and especially my work on the military, I examine what happens when the logic of

BOOK CHAPTERS

market exchange collides with

The Role of States in the National Conversation on Immigration in Strange Neighbors: The Role of States in Immigration Policy (Carissa Hessick & Gabriel Chen, editors) (NYU Press, 2014) (198-228)

sectors of our society organized around such ideas as service, honor and sacrifice. In more recent work in East Africa,

immigration regime, and

I examine the way that sovereignty

questioning the manner in

is defined through relationships

which legal doctrines frame our

with external actors.”

conceptualization of cities in the immigration context.”

Constitutional Law

Contracts Social and Political Theory

BOOKS Contracting Warfare: Sacrifice, Law and State Violence in Neoliberal Times (Stanford University Press, forthcoming 2016)

ARTICLES Appraising 9/11: Sacred Value and Heritage in Neoliberal Times, University of Pennsylvania Journal of Constitutional Law vol. 18(4) (forthcoming 2016)

David A.Westbrook LOUIS A. DEL COTTO PROFESSOR JD, Harvard Law School BA, Emory University

(716) 645-2490 dwestbro@buﬀalo.edu

“Now that the financial crisis has settled and our wars have become interminable, I’m again taking a longer view. I am thinking about the possibilities for politics and social thought ‘After Globalization.’ Global capitalism has transformed our structures of meaning in deep ways, so I’m trying to get a handle on the contemporary through a number of projects. I’m working with anthropologist Christina Garsten and her team on ‘Global Foresight’ within institutions; with computer scientist Perry Alexander on what ‘computing’ means as an intellectual enterprise; and I’ve written and spoken about the changing ontology of ‘the university.’ In addition, I've drafted a book about the rise of commercial country music as an American response to the contemporary.

AREAS OF INTEREST

CHAPTERS

International Law and Globalization

Leaving Flatland: Planar Discourses and the Search for the G-Axis in Political Affairs: Bridging Markets and Politics (Christina Garsten and Adrienne Sörbom, editors) (Oxford University Press, forthcoming 2016)

Corporate Finance Political Economy and Social Theory

ARTICLES Magical Contracts, Numinous Capitalism in Anthropology Today (Special Issue on Magical Capitalism) (forthcoming 2016) Governing International Finance after the Global Financial Crisis: Three Views of the Terrain, International Finance vol. 19 (2): 230-243 (2016) Creative Engagements Indeed! Open “Disciplines,” The Allure of Others, and Intellectual Fertility, Journal of Business Anthropology vol. 3(2): 33-48 (Fall 2014) Dinner Parties During “Lost Decades”: On the Diﬃculties of Rethinking Financial Markets, Fostering Elite Consensus, and Renewing Political Economy, Seattle University Law Review vol. 36: 1187-1227 (2013) Neofeudalism, Paraethnography and the Custodial Regulation of Financial Institutions, JASSA: The Finsia Journal of Applied Finance vol. 2: 57-61 (2013)

More, and pictures, available at davidawestbrook.com.”

Critical Issues for Qualitative Research in The SAGE Handbook of Qualitative Research (Norman Denzin and Yvonna Lincoln, editors) (SAGE Publications, 5th edition, 2016) International Law in Oxford Encyclopedia of Islam and Politics (Emad El-Din Shahin, editor) (Oxford University Press, 2014) The Culture of Financial Institutions; the Institution of Political Economy in Regulating Culture: Integrity, Risk and Accountability in Capital Markets (James O’Brien and George Gilligan, editors)(Hart Publishing, 2013) (3-20)

James A. Wooten PROFESSOR PhD, Yale University MA, Yale University MPhil, Yale University JD, Yale Law School BA, Rice University (716) 645-2318 jwooten@buﬀalo.edu

“My research focuses on employee-benefits law and policy and, especially, the regulatory regime created

Employee Benefit Plans Legal History Legislation

by the Employee Retirement

Retirement Policy

Income Security Act of 1974.

Taxation

ERISA is a large and complicated statute that governs private-sector pension and welfare plans. ERISA’s sweeping preemption clause has been particularly controversial. I am currently writing a series of articles that explain the political and policy concerns that led lawmakers to include broad preemption language in ERISA.”

AREAS OF INTEREST

ARTICLES A Legislative and Political History of ERISA Preemption, Part 4: The ‘Deemer’ Clause, Journal of Pension Benefits vol. 22: 3-13 (Autumn 2014) A Reflection on ERISA Claims Administration and the Exhaustion Requirement, Drexel Law Review vol. 6: 573-587 (2014)

Our 2016–17 Baldy Postdoctoral Fellows Baldy Postdoctoral Fellows are highly promising scholars from a variety of disciplines who have completed their PhDs and/or JDs at other universities, but have not yet commenced tenure track positions. Chosen in a highly competitive process, they carry out their scholarly projects with the full array of UB research resources and participate regularly in Baldy Center for Law and Social Policy initiatives.

Learn more about our Baldy Postdoctoral Fellows at www.baldycenter.info

Camilo Arturo Leslie

Justin L. Simard

PhD, University of Michigan JD, University of Michigan

PhD, University of Pennsylvania JD, University of Pennsylvania

Leslie’s research combines legal sociology, economic sociology, and a theoretical focus on trust and trustworthiness to account for the ruinous “success” of history’s second largest Ponzi scheme: the $5.5 billion Stanford Financial Group fraud. Based on varied documentary data and more than 100 interviews with defrauded investors and former Stanford employees, his work traces the trajectory of the fraud in its two largest markets: the U.S. and Venezuela.

Simard’s scholarship examines how

caleslie@buffalo.edu

jlsimard@buffalo.edu

American lawyers in the nineteenth century built a capitalist state. Using day books, ledgers, and letters, his dissertation provides a bottom-up history of an elite profession. These sources demonstrate that lawyers contributed to the growth and expansion of American capitalism not with grand gestures, but by solving day-to-day problems on behalf of their clients.

Contact Information Samantha Barbas

Matthew Dimick

Martha T. McCluskey

John Henry Schlegel

(716) 645-6216 sbarbas@buﬀalo.edu

(716) 645-7968 mdimick@buﬀalo.edu

(716) 645-2326 mcclusk@buﬀalo.edu

(716) 645-2746 schlegel@buﬀalo.edu

Christine P. Bartholomew

David M. Engel

Errol E. Meidinger

Matthew Steilen

(716) 645-7399 cpb6@buﬀalo.edu

(716) 645-2514 dmengel@buﬀalo.edu

(716) 645-6692 eemeid@buﬀalo.edu

(716) 645-8966 mjsteile@buﬀalo.edu

Mark Bartholomew

Charles Patrick Ewing

Tara J. Melish

Robert J. Steinfeld

(716) 645-5959 bartholo@buﬀalo.edu

(716) 645-2770 cewing@buﬀalo.edu

(716) 645-2257 tmelish@buﬀalo.edu

(716) 645-2094 steinfel@buﬀalo.edu

Anya Bernstein

Lucinda M. Finley

Teresa A. Miller

Rick Su

(716) 645-3683 anyabern@buﬀalo.edu

(716) 645-3594 finleylu@buﬀalo.edu

(716) 645-2391 tmiller@buﬀalo.edu

(716) 645-5134 ricksu@buﬀalo.edu

Guyora Binder

Rebecca R. French

James G. Milles

Mateo Taussig-Rubbo

(716) 645-2673 gbinder@buﬀalo.edu

(716) 645-2101 rrfrench@buﬀalo.edu

(716) 645-5543 jgmilles@buﬀalo.edu

(716) 645-5992 taussig@buﬀalo.edu

Michael Boucai

James A. Gardner

Athena D. Mutua

David A.Westbrook

(716) 645-1743 mboucai@buﬀalo.edu

(716) 645-3607 jgard@buﬀalo.edu

(716) 645-2873 admutua@buﬀalo.edu

(716) 645-2490 dwestbro@buﬀalo.edu

Irus Braverman

Stuart G. Lazar

Makau W. Mutua

James A.Wooten

(716) 645-3030 irusb@buﬀalo.edu

(716) 645-2749 slazar@buﬀalo.edu

(716) 645-2311 mutua@buﬀalo.edu

(716) 645-2318 jwooten@buﬀalo.edu

S. Todd Brown

Meredith Kolsky Lewis

Anthony O’Rourke

(716) 645-6213 stbrown2@buﬀalo.edu

(716) 645-1631 mlewis5@buﬀalo.edu

(716) 645-3097 aorourke@buﬀalo.edu

Luis E. Chiesa

Anjana Malhotra

Jessica Owley

(716) 645-3152 lechiesa@buﬀalo.edu

(716) 645-3696 anjanama@buﬀalo.edu

(716) 645-8182 jol@buﬀalo.edu

Kim Diana Connolly

Isabel Marcus

Stephanie L. Phillips

(716) 645-2092 kimconno@buﬀalo.edu

(716) 645-2108 imarcus@buﬀalo.edu

(716) 645-2201 slp@buﬀalo.edu 43

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) www.ssrn.com/link/buffalo-legal-studies.html For a free subscription, go to www.ssrn.com and click on “Subscribe.”

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