Faculty Scholarship: 2018 to 2021 by University at Buffalo School of Law

Faculty Scholarship 2018 to 2021

Message from the Dean

Dear Colleagues, We are pleased to update you on the scholarship produced by our faculty since 2018. Situated on the flagship campus of a premier, researchintensive public university, University at Buffalo School of Law has long been associated with innovative, interdisciplinary research and critical approaches to the study of law. Many of our faculty members hold doctorates in areas other than law, and the thoughtful scholarship catalogued here reflects this rich and diverse background. We hope you enjoy getting to know their work. Yours sincerely,

Aviva Abramovsky Dean

law.buffalo.edu/faculty

Contents

Heather R. Abraham . . . . . . . . . . . . . . . 2

Paul Linden-Retek . . . . . . . . . . . . . . . . . 28

Aviva Abramovsky. . . . . . . . . . . . . . . . . 3

Susan V. Mangold. . . . . . . . . . . . . . . . . . 30

Elizabeth G. Adelman. . . . . . . . . . . . . . . 4

Lynn Mather. . . . . . . . . . . . . . . . . . . . . . . 31

Mekonnen Firew Ayano. . . . . . . . . . . . 5

Martha T. McCluskey. . . . . . . . . . . . . . 32

Samantha Barbas. . . . . . . . . . . . . . . . . . . 6

Errol Meidinger . . . . . . . . . . . . . . . . . . . 33

Christine P. Bartholomew. . . . . . . . . . . 7

Athena D. Mutua. . . . . . . . . . . . . . . . . . . 34

Mark Bartholomew. . . . . . . . . . . . . . . . . 8

Makau W. Mutua . . . . . . . . . . . . . . . . . . 35

Anya Bernstein. . . . . . . . . . . . . . . . . . . . . 9

Tolulope F. Odunsi. . . . . . . . . . . . . . . . . 36

Guyora Binder. . . . . . . . . . . . . . . . . . . . . 10

Anthony O’Rourke. . . . . . . . . . . . . . . . . 37

Michael Boucai . . . . . . . . . . . . . . . . . . . . . 11

Stephen J. Paskey . . . . . . . . . . . . . . . . . . 38

Irus Braverman. . . . . . . . . . . . . . . . . . . . 12

John Henry Schlegel. . . . . . . . . . . . . . . 39

Luis E. Chiesa. . . . . . . . . . . . . . . . . . . . . . 14

Amy Semet. . . . . . . . . . . . . . . . . . . . . . . . 40

Kim Diana Connolly . . . . . . . . . . . . . . . 15

Matthew Steilen . . . . . . . . . . . . . . . . . . . 41

Brian Detweiler. . . . . . . . . . . . . . . . . . . . . 16

David A. Westbrook. . . . . . . . . . . . . . . 42

Matthew Dimick. . . . . . . . . . . . . . . . . . . 18

James A. Wooten. . . . . . . . . . . . . . . . . . . 43

David M. Engel. . . . . . . . . . . . . . . . . . . . . . 19

Baldy Center Fellows. . . . . . . . . . . . . . 44

Lucinda M. Finley. . . . . . . . . . . . . . . . . .20

Areas of Interest. . . . . . . . . . . . . . . . . . . 46

Rebecca R. French . . . . . . . . . . . . . . . . . 21

Contact Information . . . . . . . . . . . . . . . 48

James A. Gardner. . . . . . . . . . . . . . . . . . 22 Alexandra Harrington . . . . . . . . . . . . 24 Alfred S. Konefsky. . . . . . . . . . . . . . . . . 25 Meredith Kolsky Lewis. . . . . . . . . . . . 26

Heather R. Abraham A S S O C I ATE P R O F E S S O R DIRECTOR OF THE CIVIL RIGHTS & TR ANSPARENCY CLINIC LLM, Georgetown University Law Center JD, University of Minnesota MPP, University of Minnesota BA, Kalamazoo College (716) 645-2073

habraham@buffalo.edu

AREAS OF INTEREST ADMINISTRATIVE LAW CLINICAL LEGAL EDUCATION CIVIC PROCEDURE

I investigate how the law

CIVIL LIBERTIES

influences where people live.

CIVIL RIGHTS

My research agenda centers

CONSTITUTIONAL LAW

on what legal tools exist, or

DISABILITY RIGHTS

should exist, to reduce racial

FAIR HOUSING

segregation. My ambition

FEDERAL COURTS

remains practical as well as

FIRST AMENDMENT

theoretical—creating a roadmap

FREEDOM OF THE PRESS

for litigators and policymakers

LEGISLATION

to leverage existing statutes,

PROPERTY

administrative regulation, and case law to meaningfully

ARTICLES

deconstruct the systems that

Segregation Autopilot: How the

perpetuate racial segregation.”

Government Perpetuates Segregation and How to Stop It, Iowa Law Review (forthcoming 2022). “Don’t Blame Stokely Carmichael?”: The Need for Federal Fair Housing Leadership, 29(3) ABA Journal of Affordable Housing and Community Development Law 555 (2021). Fair Housing’s Third Act: American Tragedy or Triumph?, 39 Yale Law & Policy Review 1 (2021).

Aviva Abramovsky DEAN AND PROFESSOR JD, University of Pennsylvania BA, Cornell University

(716) 645-2052

aabramov@buffalo.edu

AREAS OF INTEREST INSURANCE LAW COMMERCIAL LAW REGULATION OF FINANCIAL ENTITIES

My research is

LEGAL ETHICS

focused on insurance law with BOOKS

emphasis on re-insurance. I am particularly interested

Uniform Commercial Code, West’s

in global insurance products

McKinney’s Forms for New York

and disaster and catastrophe

(the definitive set on the New York

liability. Insurance is a

Uniform Commercial Code and

gatekeeper for all corporate

official companion to McKinney’s

behavior and as such the

Consolidated Laws of New York

industry’s laws and policies

Annotated) (Thomson Reuters,

are relevant to every aspect

2016-2021) (updated annually).

of the world’s economy.”

CHAPTERS Transparency and the Insurance Contract in the United States (with Peter Kochenburger), in Transparency in Insurance Law and Regulation 683 (Pierpaolo Marano & Kyriaki Noussia, eds., Springer, 2020).

Elizabeth G. Adelman T E A C H I N G F A C U LT Y V I C E D E A N FO R LE GA L I N FO R M ATI O N S E RV I C E S A S S O C I ATE U N I V E R S IT Y LI B R A R I A N FO R L AW JD, Albany Law School MLS, University at Buffalo

(716) 645-2089

eadelman@buffalo.edu

AREAS OF INTEREST LEGAL RESEARCH STATUS OF ACADEMIC LAW LIBRARIES AND LAW LIBRARIANS

The core of my scholarship

BOOKS

focuses on the process of

New York Legal Research (with

conducting legal research

Courtney L. Selby, Brian T. Detweiler

effectively. The fourth edition

& Kathleen Darbil) (Carolina

of my book, New York

Academic Press, 4th ed., 2020).

Legal Research, highlights the connections between

ARTICLES

sources, legal research, and

Academic Law Library Director

analysis. Another area of

Status Since the Great Recession:

interest is on the status of

Strengthened, Maintained, or Degraded?

the academic law library. My

(with Karen Shephard, Richard

recent scholarship examines

J. Patti & Robert M. Adelman), 112

the autonomy of academic

Law Library Journal 117 (2020).

law libraries, the status of the law library director, and the

CHAPTERS

implications of both in the

Centralization of the Academic Law

context of the ABA Standards.”

Library: Is It Right For Your Institution?, in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts 189 (Michelle M. Wu, Scott B. Pagel, Joan S. Howard, eds., William S. Hein & Company, 2020).

Mekonnen Firew Ayano A S S O C I ATE P R O F E S S O R S.J.D., Harvard Law School LL.M. American University (Cairo, Egypt) LL.B., Addis Ababa University

(716) 645-5134

mfayano@buffalo.edu

AREAS OF INTEREST PROPERTY LAW IMMIGRATION LAW NATURAL RESOURCES ENERGY LAW

My research focuses on

HUMAN RIGHTS

property rules and social

GLOBALIZATION & LEGAL PROFESSION

practices to analyze the

LAW & DEVELOPMENT

distributive outcomes for various social groups in different settings. I

ARTICLES

have written, drawing on

Tenants without Rights: Immigrants’

ethnography, about rural land

Experiences in the U.S. Low-Income

registration and distributive

Housing Market, 28 Georgetown

outcomes for women,

Journal on Poverty Law

smallholders, and pastoralists;

and Policy 159 (2021).

conflicts connected to law and land inequality in emerging

Law and Social Conflict in

market economies; and

Transitional Market Economies,

immigrant tenants and housing

18 International Journal of

law in major U.S. cities. My

Constitutional Law 988 (2020).

ongoing research considers the steadily intensifying China-

Rural Land Registration in Ethiopia:

Africa ties in relation to land,

Myths and Realities, 52 Law and

labor, and the legal profession.”

Society Review 1060 (2018). BOOK REVIEWS Book Review, 89 Journal of the International African Institute 202 (2019) (reviewing William Beinart et al., Rights to Land: A Guide to Tenure Upgrading and Restitution in South Africa (Jacana Media 2017)).

Samantha Barbas PROFESSOR DIRECTOR OF THE BALDY CENTER FOR L AW AND SOCIAL POLICY JD, Stanford Law School PhD, University of California at Berkeley BA, Williams College (716) 645-6216

sbarbas@buffalo.edu

AREAS OF INTEREST FIRST AMENDMENT LEGAL HISTORY MASS MEDIA LAW

The Esquire Case: A Lost Free Speech Landmark, 27 William and Mary Bill of Rights Journal 287 (Dec. 2018).

My work examines the interconnections between law, American social and cultural history, and the history of mass communications. I have focused on the history of

BOOKS

CHAPTERS

The Rise and Fall of Morris

Privacy and the Right to One’s

Ernst: Free Speech Renegade

Image: A Cultural and Legal History,

(University of Chicago Press, 2021).

in Injury and Injustice: The Cultural Politics of Harm and

privacy, defamation, and free speech law, looking at topics ranging from the 1957 trial of Confidential magazine, to

Confidential Confidential:

Redress 202 (Anne Bloom, David

The Inside Story of Hollywood’s

M. Engel & Michael McCann, eds.,

Notorious Scandal magazine

Cambridge University Press, 2018).

(Chicago Review Press, 2018).

the 1967 Supreme Court case Time v. Hill, to the history

ARTICLES

of the ACLU and the career

The Press and Libel Before

of famed civil liberties

New York Times v. Sullivan, 44

attorney Morris Ernst.”

Columbia Journal of Law and the Arts 511 (2021).

Recounting the Life of a Free-Speech Renegade Based on volumes of archives and historical accounts, The Rise and Fall of Morris Ernst: Free Speech Renegade (University of Chicago Press, 2021) follows the life and the career of civil liberties attorney Morris Ernst. Ernst spent decades as the American Civil Liberties Union’s general counsel. Renowned for battling against artistic censorship, he successfully argued high profile free-speech cases and supported the widespread expansion of protections for sexual expression, reproductive rights, and union organizing. Yet, Ernst had another side. Samantha Barbas details her subject’s late-career obsession with resisting Communist influence in the ACLU and the wider society, highlighting his contrary perspectives that both transformed free speech in America and inflicted damage to the cause of civil liberties. Barbas puts Ernst in a timely new light, showing that today’s challenges to free speech and the exercise of political power make Ernst’s battles as relevant as ever.

Christine P. Bartholomew PROFESSOR L AW REVIEW ADVISOR JD, University at California at Davis BA, San Francisco State University

(716) 645-7399

cpb6@buffalo.edu

AREAS OF INTEREST

Privilege and the Fight Against Corruption

CIVIL PROCEDURE

in the United States, 41 XLI Jornadas

ANTITRUST

Internacionales de Derecho

EVIDENCE

Penal, Criminal, Contemporánea

CONSUMER PROTECTION

y CorrupciÓn: ¿Efectividad del La

My research is in civil

REMEDIES

Pena Privativa de La Libertad?

procedure, specifically the

(Universidad Externado de Colombia,

tension between class actions’

2021) (translated into Spanish).

enforcement potential and

BOOKS Legal Argument: The Structure

The Venue Shuffle: Forum Selection

and Effective Language of

Clauses & ERISA (with James

Effective Advocacy (with

A. Wooten), 66 UCLA Law

James A. Gardner) (Carolina

Review 862 (April 2019).

Academic Press, 3rd ed., 2020). ARTICLES Ford’s Underlying Controversy,

heightened procedural and evidentiary rules. On the one hand, judicial resources are far from absolute, and such rules can promote judicial

E-Notice, 68 Duke Law Journal 217 (2018).

efficiency. On the other hand,

CHAPTERS

hurdles threaten class actions’

a raft of new procedural

Motions for Class Certification vs.

(with Anya Bernstein), 99

potential to regulate corporate

Proceedings on the Merits, in Antitrust

Washington University Law

behavior. It is now harder

Daubert Handbook (ABA Antitrust

Review (forthcoming 2022).

to get into court; harder to

Section) (forthcoming 2021).

plead a claim; and harder to

Playing Nicely with Others, Antitrust

AMICUS BRIEFS

Law Journal (forthcoming 2022).

certify a class. I analyze how such hurdles impact class

Brief of Complex Litigation Law

actions, and then identify

Antitrust in the Age of Class

Professors as Amici Curiae in

ways to balance efficiency and

Action Reform, Indiana Law

Support of Respondent, TransUnion

enforcement goals. Because

Journal (forthcoming 2021).

LLC v. Ramirez (U.S. 2021)

rule interpretation is primarily

(No. 20-297) (co-lead author).

left to the judiciary, my work

Antitrust Norms in the United States and Financial Corruption, 41 XLI Jornadas

Brief of Scholars as Amici Curiae

Internacionales de Derecho

Supporting Petition for Certiorari,

Penal, Criminal, Contemporánea

Robertson v. U.S. District Court, (U.S.

y CorrupciÓn: ¿Efectividad del La

2019) (No. 18-1341) (co-lead author).

Pena Privativa de La Libertad? (Universidad Externado de Colombia, 2021) (translated into Spanish).

analyzes judicial interpretation and decision making.”

Brief of Antitrust Law Professors as Amici Curiae Supporting Petition for Certiorari, AFMS LLC v. United Parcel Services, Inc. & FedEx Corp., 138 S. Ct. 1180 (U.S. 2018) (No. 17-1092) (lead author).

Mark Bartholomew PROFESSOR JD, Yale Law School BA, Cornell University

(716) 645-5959

bartholo@buffalo.edu

AREAS OF INTEREST INTELLECTUAL PROPERTY CYBERLAW LAW AND NEUROSCIENCE

My recent work examines

LEGAL HISTORY

the relationship between law,

ADVERTISING LAW

technology, and advertising. Through a variety of

ARTICLES

mechanisms, including

intellectual property law,

97 Notre Dame Law Review

privacy law, contract law, and

(forthcoming 2021).

the First Amendment, the legal system is struggling to set an

appropriate balance between

Washington University

commercial freedom and

Law Review 525 (2020).

consumer protection in the midst of a modern marketing

Neuromarks, 103 Minnesota

revolution. Figuring out where

Law Review 521 (2018).

this balance should be set is a difficult project. My approach

The Law of Advertising Outrage,

is to mine psychology, which

19 Advertising and Society

tells us how consumers think,

Quarterly (Sept. 2018).

and history, which tells us how lawmakers approached

The Political Economy of Celebrity Rights,

similar questions in the past,

38 Whittier Law Review 1 (2018).

to help assess the costs and benefits of advertising in new forms and new spaces.”

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

(716) 645-3683

anyabern@buffalo.edu

AREAS OF INTEREST

What Counts as Data, 86(2) Brooklyn

ADMINISTRATIVE LAW AND COMPARATIVE ADMINISTRATIVE LAW

Law Review 435 (2021).

JURISDICTION & CIVIL PROCEDURE

Porous Bureaucracy: Administrative

LEGISLATION & STATUTORY INTERPRETATION

Social Inquiry 28 (2020).

Culture in Taiwan, 45 Law and

We sometimes take the legitimacy of democratic

LAW AND SOCIETY

ARTICLES Ford’s Underlying Controversy,

governance for granted, but

Technologies of Language Meet

legitimacy is not something

Ideologies of Law, 2020 Michigan

that inheres in a particular

State Law Review 1241 (2020).

political form. It’s a dynamic,

(with Christine Bartholomew), 99 Washington University Law

Interpenetration of Powers: Channels

Review (forthcoming 2022).

and Obstacles for Populist Impulses,

culturally specific outcome of continuous work by numerous participants. I’m particularly

28 Washington International Judicial Populism (with Glen

interested in how bureaucrats

Law Journal 461 (2019).

and judges in democracies

Staszewski), 106 Minnesota Law Review (forthcoming 2021).

legitimize their actions. I use

Democratizing Interpretation,

ethnography, interview, and

60 William and Mary Law Legal Corpus Linguistics and the

textual analysis to illuminate

Review 435 (2018).

how government actors

Half-Empirical Attitude, 106 Cornell

understand, describe, and

Law Review (forthcoming 2021).

shape law and governance. My work so far has focused on the United States as well as Taiwan; and this year I’ve expanded my research to Germany.”

The Bureaucracy of Democracy How democracies actually work—the day-to-day administration of government—is a continuing scholarly question for Anya Bernstein. Now she’s taking her longtime inquiry a step further with the help of a prestigious grant. Bernstein received a Fulbright Scholar Award through the U.S. Department of State to support her research in Germany on the country’s administrative state. The project is part of her broader interest in the bureaucracy of democracy, a topic she has studied in the U.S.—an old, large and powerful democracy—and in Taiwan—a new, small and relatively disempowered one. Bernstein views Germany as an interesting contrast to the other two sites, with its middle-aged democratic system, a parliamentary rather than presidential system, and a history of theorizing and valuing administration.

Guyora Binder SUNY DISTINGUISHED PROFESSOR U N I V E R S IT Y AT B U F FA LO D I S TI N G U I S H E D P R O F E S S O R H O D G S O N R U S S F A C U LT Y S C H O L A R V I C E D E A N F O R R E S E A R C H A N D F A C U LT Y D E V E L O P M E N T JD, Yale Law School AB, Princeton University (716) 645-2673

My recent article, Disbanding

gbinder@buffalo.edu

AREAS OF INTEREST

The Puzzle of Inciting Suicide

CRIMINAL LAW

(with Luis Chiesa), 56 American

JURISPRUDENCE

Criminal Law Review 65 (2018).

LAW AND LITERATURE

Unusual: The Death Penalty for

BOOKS

Police Agencies, grew out

Criminal Law: Cases and Materials

of conversations with my

(with John Kaplan & Robert Weisberg)

coauthors Tony O’Rourke and

(Wolters-Kluwer, 9th ed., 2021).

Rick Su, regarding the tragic and turbulent events over the

ARTICLES

past year. It assesses proposals

Defunding Police Agencies (with Rick Su

to disband police forces, like

& Anthony O’Rourke) 71 Emory Law

that passed by the Minneapolis

Journal (forthcoming 2022).

City Council, from a democratic

Disbanding Police Agencies (with Anthony

and institutionalist perspective.

O’Rourke & Rick Su), 121 Columbia

Should localities concerned

Law Review 1327 (2021).

about discriminatory policing and excessive force disband

Judicial Review of Strict Liability

their police forces? This is a

Local Ordinances (with Brenner

more practical strategy than

Fissell), 53 Arizona State

many readers may imagine,

Law Journal 425 (2021).

that has been used before in

A Political Interpretation of Vagueness

American history to reform

Inadvertent Murder (with Brenner Fissell & Robert Weisberg), 93 Indiana Law Journal 549 (2018). BOOK REVIEWS Book Review, 93 American Literature (forthcoming 2021) (reviewing Karla F. C. Holloway, Legal Fictions (Duke University Press, 2013) and Eric Bachman, Literary Obscenities (Penn State University Press, 2018)). Book Review, Criminal Law and Criminal Justice Books (Sept. 2020) (reviewing Lawrence Friedman, Crime Without Punishment: Aspects of History of Homocide (Cambridge University Press, 2018)).

Doctrine (with Brenner Fissell), 2019

policing. One reason in favor

Illinois Law Review 1527 (2019).

of using such a strategy today is that discriminatory police departments are often too

Crime and Punishment

insulated from democratic oversight to be meaningfully

Criminal Law: Cases and Materials (Wolters-Kluwer, 9th ed., 2021) provides a comprehensive examination of criminal law under both the Model Penal Code and common law. Interspersed with excerpts that provide social, political, and criminological background to the black letter law, the casebook’s interdisciplinary approach addresses the purposes and limits of punishment and considers the meaning and types of crime. The ninth edition, co-authored by Guyora Binder, Robert Weisberg, and the late John Kaplan, includes new research on the role of constitutional law in the criminalization of homelessness and expanded discussion of racial justice topics including the criminal liability of police for the use of unnecessary lethal force, controversies surrounding citizen’s arrest powers, and the evolution of sexual assault laws.

reformed. Yet these same legal impediments to democratic control will also impede efforts to dissolve police forces and start fresh.”

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

(716) 645-1743

mboucai@buffalo.edu

AREAS OF INTEREST

ARTICLES

GENDER, SEXUALITY, & LAW

Topology of the Closet, Journal of

FAMILY LAW

Homosexuality (2021) doi.org/

CONSTITUTIONAL LAW

10.1080/00918369.2020.1851957.

CRIMINAL LAW LEGAL HISTORY

My scholarship lies mainly

Before Loving: The Origins of the Right to

in two fields. I study the law

Marry, 20 Utah Law Review 69 (2020).

of marriage, family, gender, and sexuality, and I study queer history. The first branch of my research is strongly influenced by critical and sociolegal approaches to law; and it traverses multiple bodies of legal doctrine, most prominently constitutional, criminal, and family law. The second branch focuses on queer identities, communities, and politics since the mid-nineteenth century. My research in one area powerfully informs what I do in the other. I see law through a historian’s eyes and history through the eyes of a legal scholar. At the same time, I welcome frameworks and insights from other disciplines. Hence my scholarship’s intense engagements with work in sociology, anthropology, philosophy, critical theory, and literature.”

Irus Braverman PROFESSOR AND WILLIAM J. MAGAVERN F A C U LT Y S C H O L A R SJD, University of Toronto MA, The Hebrew University of Jerusalem LLB, The Hebrew University of Jerusalem

(716) 645-3030

irusb@buffalo.edu

AREAS OF INTEREST

ARTICLES

ANIMAL STUDIES

Corals in the City: Cultivating Ocean Life

NATURE AND CONSERVATION BIOLOGY LAW AND GEOGRAPHY

My research focuses on the

in the Anthropocene, 16 Contemporary Social Science 96 (2021).

LAW AND GENETICS

relationship between law,

LEGAL ETHNOGRAPHY

science, and nature. My books

LAW AND SOCIETY

include: Planted Flags: Trees,

PALESTINE/ISRAEL

Land and Law in Israel/

SCIENCE AND TECHNOLOGY STUDIES

Palestine (2009), Zooland: The Institution of Captivity

BOOKS

(Independent Publisher Award

Laws of the Sea: Interdisciplinary

Winner, 2012), Wild Life:

Currents (Irus Braverman, ed.)

The Institution of Nature

(Routledge, forthcoming 2022).

(2015). and Coral Whisperers:

Environmental Justice, Settler Colonialism, and More-thanHumans in the Occupied West Bank: An Introduction, 4 Environment and Planning E: Nature and Space 3 (2021) (Special issue). Wild Legalities: Animals and Settler Colonialsim in Palestine/Israel, 44 PoLAR: Political and Legal

Scientists on the Brink (2018).

More-than-One Health: Humans,

My latest monograph, Zoo

Anthropology Review 7 (2021).

Animals, and the Environment

Veterinarians: Governing Care on a Diseased Planet (2021), highlights the recent

Post-Pandemic (Irus Braverman, ed.)

Fleshy Encounters: Meddling

(Routledge, forthcoming 2022).

in the Lifeworlds of Zoo and Aquarium Veterinarians, 11(2)

transformation in the zoo

Settling Nature: The Politics

veterinarian profession during

Humanimalia 49 (2020).

of Conservation in Palestine/

a time of ecological crisis, and what this transformation can teach us about how to care for a

Israel (University of Minnesota

Nof Kdumim: Imagining the Ancient

Press, forthcoming 2022).

Landscape in East Jerusalem’s National Parks, 4 Nature and Space:

diseased planet. I am currently working on a book manuscript on the management of national

Zoo Veterinarians: Governing

Environment and Planning E

Care on a Diseased Planet

109 (2020) (Special issue).

(Routledge, 2021).

parks and nature reserves in

Shifting Baselines in Coral

Palestine/Israel. I have also edited book collections on legal geography, gene editing and the environment, and ocean

Blue Legalities: The Life and

Conservation, 3(1) Nature and

Laws of the Sea (Irus Braverman

Space: Environment and Planning

& Elizabeth R. Johnson, eds.,

E 20 (2020) (Special issue).

Duke University Press, 2020).

legalities. I am currently editing

Fish Encounters: Aquariums and their

a collection on One Health.”

Coral Whisperers: Scientists

Veterinarians on a Rapidly Changing

on the Brink (The University

Planet, 11 Humanimalia 1 (Fall 2019).

of California Press, 2018).

Living on Coral Time: Debating

CHAPTERS

Robotic Life in the Deep Sea, in Blue

Conservation in the Anthropocene,

Coral Restoration and Citizen

Legalities 147 (Irus Braverman

1 Environment and Society Portal, Arcadia 1 (Spring 2019).

Scientists in the Anthropocene, in The Nature of Data: Infrastructures,

& Elizabeth R. Johnson, eds., Duke University Press, 2020).

Environments, Politics (Jenny E. Silent Springs: The Nature of Water and Israel’s Military Occupation,

Goldstein & Eric Nost, eds., Nebraska University Press, forthcoming 2022).

3 Environment and Planning E: Nature and Space 527 (2019).

Military-to-Wildlife Geographies: Bureaucracies of Cleanup and Conservation in Vieques, in Handbook

Animals, in Routledge Handbook

on the Geographies of Regions

for Law and Society (Mariana

and Territories 268 (Anssi Paasi,

Uprooting Identities: The Regulation

Valverde, Kamari M. Clarke, Eve

John Harrison & Martin Jones, eds.,

of Olive Trees in the Occupied West

Darian Smith & Prabha Kotiswaran,

Edward Elgar Publishing, 2018).

Bank, 7 Open Anthropology

eds., Routledge Press, 2021).

(2019) (Special issue).

Zooland: The Institution of Captivity, The Jewish National Fund, Trees,

in Surveillance Studies:

Law’s Underdog: A Call for Nonhuman

and Eco-Zionism, in JÜdischer

A Reader 59 (Torin Monahan

Legalities, 14 Annual Review of

Almanach 169 (2021) (in German).

& David Murakami Wood, eds.,

Law and Social Science 127 (2018).

Oxford University Press, 2018). Blue Legalities: Governing More Than

Nature as Spectacle, 101 Topos:

Human Oceans (with Elizabeth R.

The International Review

Johnson), in Blue Legalities: The

of Landscape Architecture

Law and Life of the Sea 1 (Irus

and Urban Design 80 (2018).

Braverman & Elizabeth R. Johnson, eds., Duke University Press, 2020).

Renouncing Citizenship as Protest: Reflections by a Jewish Israeli

Oculta a Plena Vista: La Geografía

Ethnographer, 44 Critical

Jurídica Desde Una Perspectiva

Inquiry 379 (Winter 2018).

Visual (with Elizabeth R. Johnson, Richard T. Ford, Mariana Valverde

Saving Species One Individual at a

& Maria Victoria Castro Cristancho),

Time: Zoo Veterinarians between

in Derecho y GeografÍa: Espacio,

Welfare and Conservation, 9

Poder Y Sistema JurÍdico 251

Humanimalia 1 (Spring 2018).

(Bogotá D. C. & Siglo Del Hombre, eds., Universidad de los Andes, 2020).

Luis E. Chiesa

PROFESSOR V I C E D E A N F O R D I V E R S I T Y, E Q U I T Y, A N D I N C L U S I O N DIRECTOR OF THE BUFFALO CRIMINAL L AW CENTER JSD, Columbia Law School LLM, Columbia Law School JD, University of Puerto Rico Law School BBA, University of Puerto Rico (716) 645-3152

lechiesa@buffalo.edu

AREAS OF INTEREST ANIMAL CRUELTY LAWS CRIMINAL LAW CRIMINAL PROCEDURE

My research lies

TORTS

at the intersection of

JURISPRUDENCE

criminal law, philosophy, and

MINDFULNESS AND LAW

comparative law. Drawing from my experience teaching and

ARTICLES

lecturing about criminal law in

Selective Incompatibilism, Free Will,

the United States, Canada, Latin

and the (Limited) Role of Retribution

America, Europe, and Asia, my

in Punishment Theory, 71 Rutgers

work aims to understand and

Law Review 977 (2020).

critique domestic criminal law doctrines by looking at how

Sexual Lynching, 29 Cornell Journal

other countries approach basic

of Law and Public Policy 759 (2020).

concepts of criminal theory.”

Comparative Analysis as an Antidote to Tunnel Vision in Criminal Law Reform: The Example of Complicity, 70 Rutgers Law Review 1117 (2018). Mens Rea in Comparative Perspective, 102 Marquette Law Review 575 (2018). The Model Penal Code, Mass Incarceration, and the Racialization of American Criminal Law, 25 George Mason Law Review 605 (2018). The Puzzle of Inciting Suicide (with Guyora Binder), 56 American Criminal Law Review 65 (2018).

Kim Diana Connolly PROFESSOR V I C E D E A N FO R A DVO C AC Y A N D E X P E R I E NTI A L E D U C ATI O N D I R E C TO R O F C LI N I C A L LE GA L E D U C ATI O N LLM, George Washington University Law School JD, Georgetown University Law Center AB, University of North Carolina at Chapel Hill (716) 645-2092

kimconno@buffalo.edu

AREAS OF INTEREST ADMINISTRATIVE LAW CLINICAL LEGAL EDUCATION ENVIRONMENTAL LAW INTERNATIONAL LAW

My substantive research

LAW AND SCIENCE

focuses on a number of related

LAW AND SOCIAL SCIENCE

areas, including wetlands law

LEGAL EDUCATION

and policy as well as other

LEGISLATION

environmental regulatory

NATURAL RESOURCES LAW

and related subjects. More

BOOKS

interest in how the mass media

recently I have added an covers environmental law

The Big Thaw: Policy, Governance

and policy matters. I have

and Climate Change in the

also conducted research

Circumpolar North (Kim Diana

on student learning and

Connolly, Errol Meidinger & Ezra B.W.

andragogical issues, including

Zubrow, eds., SUNY Press, 2019).

work on experiential and interdisciplinary learning. In

CHAPTERS

all cases, I seek to bring serious

Arctic Wetlands and Limited

scholarly study to pressing

International Protections: Can the

issues facing people and

Ramsar Convention Help Meaningfully

ecosystems on various levels.”

Address Climate Change?, in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North 201 (Kim Diana Connolly, Errol Meidinger & Ezra B.W. Zubrow, eds., SUNY Press, 2019).

Brian Detweiler A S S O C I ATE D I R E C TO R O F TH E CHARLES B. SEARS L AW LIBRARY JD, Notre Dame Law School MS, University at Buffalo BA, SUNY College at Brockport

(716) 645-2384

briandet@buffalo.edu

AREAS OF INTEREST LEGAL RESEARCH LEGAL TECHNOLOGY

My scholarship centers on

BOOKS

practical research skills as

New York Legal Research

well as the scholarly discussion

(with Beth Adelman, Courtney L.

currently taking place at

Selby & Kathleen Darvil) (Carolina

the intersection of legal

Academic Press, 4th ed., 2020).

technology and legal practice. I am interested in exploring

ARTICLES

the many ways that changes in technology have impacted

May It Please the Court: A Longitudinal

the practice of law, and how

Study of Judicial Citation to Academic

we can use that knowledge

Legal Periodicals, 39 Legal Reference

to provide our students with

Services Quarterly 87 (2020).

the practical skills they will need to be successful as they embark on their careers.”

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

(716) 645-7968

My research studies the relationship between law

mdimick@buffalo.edu

AREAS OF INTEREST

CHAPTERS

LABOR AND EMPLOYMENT LAW

Evgeny Pashukanis’ Commodity-

CONTRACTS

Form Theory of Law, in Research

TAX POLICY

Handbook on Law and Marxism

LEGAL THEORY

115 (Umut Özsu & Paul O’Connell eds.,

LAW AND ECONOMICS

Edward Elgar Publishing, 2021).

and economic inequality. While we may well condemn

ARTICLES

inequality as an injustice in

Counterfeit Liberty,

itself, it also has many negative

3(1) Catalyst 47 (2019).

side effects: a corrosion of the political process, skewed

The Law and Economics of

public policies, and an unstable

Redistribution, 15 Annual Review of

financial system, to name

Law and Social Science 559 (2019).

a few. While the causes of rising income inequality are

Models of Other-Regarding Preferences,

many and complex, the law

Inequality and Redistribution (with

undoubtedly plays a role.

David Rueda & Daniel Stegmueller),

Traditionally, the economic

21 Annual Review of Political

analysis of law has focused on

Science 441 (May 2018).

efficiency—how the law can make society’s economic pie larger. While using many of the same economist-inspired tools, my research uses a more sociologically-inspired set of questions to ask how the law distributes—slices up—the economic pie.”

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

dmengel@buffalo.edu

AREAS OF INTEREST

CHAPTERS

TORTS

Blood Curse and Belonging in

LAW AND SOCIETY

Thailand: Law, Buddhism, and

ASIAN LEGAL CULTURES

Legal Consciousness, in Thai Legal

LEGAL ETHNOGRAPHY

History: From Traditional

My research traces the ways

RIGHTS CONSCIOUSNESS

to Modern Law 89 (Andrew

in which rights become active,

Harding & Munin Pongsapan, eds.,

identities are forged, and law is

Cambridge University Press, 2021).

woven into the fabric of day-

BOOKS Injury and Injustice: The

Legal Consciousness (with Lynette

Cultural Politics of Harm and

Chua), in Routledge Handbook

Redress (Anne Bloom, David M.

of Law and Society (Marianna

Engel & Michael McCann, eds.,

Valverde, Kamari M. Clarke, Eve

Cambridge University Press, 2018).

Darian Smith & Prabha Kotiswaran,

to-day experiences. One line of work examines the earliest stages of the tort law system, when individuals suffer traumatic physical harms and, in most cases, refuse to lodge a

eds., Routlege Press, 2021).

claim or even consult a lawyer.

ARTICLES Judging and Judgment in Contemporary

Chairs, Stairs, and Automobiles: The

Asia: Editor’s Introduction to

Cultural Construction of Injuries and

Special Issue, 8 Asian Journal

the Failed Promise of Law, in Injury

of Law and Society 1 (2021).

and Injustice: The Cultural

I explain this overwhelming preference for law avoidance by drawing on interdisciplinary studies of injury and cognition. Another line of work explores

Politics of Harm and Redress 117 States of Uncertainty: The Origins

(Anne Bloom & Michael McCann, eds.,

of “Law and Community in Three

Cambridge University Press, 2018).

recent transformations in law, culture, and society in Southeast Asia, with particular

American Towns”, PoLAR: Political and Legal Anthropology Review

Looking Backward, Looking Forward:

Online (July 2020) (Special issue:

Past and Future Lives of “The Oven

Festschrift for Carol Greenhouse).

Bird’s Song,” in Insiders, Outsiders,

attention to Thailand.”

Injuries, and Law in the 21st Legal Consciousness Reconsidered (with

Century: Revisiting “The Oven Bird’s

Lynette Chua), 15 Annual Review of

Song” 279 (Mary Nell Trautner, ed.,

Law and Social Science, 335 (2019).

Cambridge University Press, 2018).

Lucinda M. Finley FRANK G. RAICHLE PROFESSOR OF TR I A L A N D A P P E LL ATE A DVO C AC Y D I R E C TO R O F A P P E LL ATE A DVO C AC Y JD, Columbia University Law School BA, Barnard College

(716) 645-6152

finleylu@buffalo.edu

AREAS OF INTEREST TORT LAW AND GENDER ISSUES FEMINIST LEGAL THEORY REPRODUCTIVE RIGHTS

My research focuses on

EQUAL PROTECTION LAW AND EQUALITY THEORY

the gender-based impact

FIRST AMENDMENT AND LIMITS ON PROTEST ACTIVITY

of seemingly neutral tort doctrines. I am studying caps on non-economic damages to

BOOKS

demonstrate that caps have a

Feminist Judgments: Rewritten Tort

disparate impact on women, the

Opinions (with Martha Chamallas)

elderly, and children’s death

(Cambridge University Press, 2020).

cases. I’m also exploring why non-economic damages are an

CHAPTERS

under-sustained challenge,

Commentary on Emerson v.

and why women tend to receive

Magendantz, in Feminist Judgments:

greater proportions of their

Rewritten Tort Opinions 291 (Martha

tort awards in non-economic

Chamallas & Lucinda Finley, eds.,

damages, as well as other

Cambridge University Press, 2020).

important empirical questions about the hidden or unintended

Introduction (with Martha Chamallas),

consequences of tort reform,

in Feminist Judgments: Rewritten

including how it will affect

Tort Opinions 3 (Martha Chamallas

lawyers’ case selection and

& Lucinda Finley, eds., Cambridge

settlement strategies. Better

University Press, 2020).

understanding of the actual consequences of legal change on the institutional players and the people who seek access to the civil justice system can lead to sounder and more equitable law reform.”

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

(716) 645-2159

rrfrench@buffalo.edu

AREAS OF INTEREST PROPERTY LAW BUDDHISM AND LAW ANTHROPOLOGY OF LAW COMPARATIVE LAW

In the course of my

LAW AND RELIGION

investigation of the Tibetan legal system, I discovered a gaping hole in the substantial

ARTICLES

discipline of Religious Legal

The Role of Pilgramages,

Studies — the study of Buddhist

Travelogues and Scholarly Reports

legal systems. Incredibly,

in Buddhist Law, 5 Buddhism,

almost nothing has been

Law and Society vii (2020).

written on the legal systems that were influenced by

The Anthropology of Religion

Buddhism, one of the largest

and Law, 45(3) Religious

world religions with a 2,500

Studies Review 153 (2019).

year history and 500 million followers. My project for the

The Integrated Discipline of

last several years has been

Buddhism and Law, 4 Buddhism,

to write in this area, to edit

Law and Society vii (2019).

a journal called Buddhism, Law & Society available through Hein Publishing, and to organize conferences with international scholars to talk, think and write about this exciting new subject matter.”

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

(716) 645-3607

jgard@buffalo.edu

AREAS OF INTEREST CONSTITUTIONAL STRUCTURE OF POLITICS LAW AND DEMOCRATIC THEORY ELECTION LAW

The Trump presidency,

FEDERALISM

and the social and political

STATE CONSTITUTIONAL LAW

movements it summoned forth, have drastically altered the constitutional, democratic, and political landscapes. My most recent work, drawing heavily on comparative sources tracing the rise of authoritarianism around the globe, focuses on the impact that American populism and authoritarianism have

Transmission of Mastery, 69 Buffalo Law Review 55 (2021). Democratic Legitimacy under Conditions of Severely Depressed Voter Turnout, University of Chicago Law Review Online 24 (2020).

BOOKS

Lessons from a Journey through

Comparative Election Law

Subnational Constitutional

(edited volume) (Edward Elgar

Law, 72 Rutgers University

Publishing, forthcoming 2022).

Law Review 1187 (2020).

Legal Argument: The Structure and

Active Judicial Governance, 51 New

Language of Effective Advocacy

England Law Review 545 (2018).

(with Christine Bartholomew) (Carolina

had, and are having, on the

Academic Press, 3rd ed., 2020).

U.S. system of constitutional

The Theory and Practice of Contestatory Federalism, 60 William

democracy. The questions

Election Law in the American

I seek to address are basic,

& Mary Law Review 507 (2018).

Political System (with Guy-Uriel

and alarming: Will American democracy survive? Will Americans continue to enjoy

Charles) (Aspen, 2nd ed., 2018)

CHAPTERS

(1st ed. 2012).

The Concept of “Equilibrium” in Federal Constitutions, in The Law and Politics

the liberties to which they have become accustomed? Will the long American project

ARTICLES

of Federalism (Erin F. Delaney, ed.,

Federalism and the Limits of

Edward Elgar, forthcoming 2022).

Subnational Political Heterogeneity,

to perfect a liberal democracy of

Wisconsin Law Review 1097 (2021).

equal citizens continue in any

El Misterioso Exito de una Democracia Federal, in Democracia y Forma

form, or will it be abandoned?”

Illiberalism and Authoritarianism in

Constitucional (Pablo C. Riberi

the American States, 70 American

& Pedro Salazar, eds., Instituto de

University Law Review 829 (2021).

Investigaciones Juridicas, Universidad Nacional Autónoma de México,

The Illiberalization of American Election Law: A Study in Democratic Deconsolidation, 90 Fordham Law Review 423 (2021).

forthcoming 2022) (Spanish).

Electoral Systems and Conceptions of

Strongmen and Neurotics: Visible

Presidential Selection: Historical,

Politics, in Comparative Election

Struggle and the Construction of

Institutional, and Democratic

Law (James A. Gardner, ed., Edward

Judicial Ethos, in Justice Anthony

Perspectives, in The Best Candidate:

Elgar Publishing, forthcoming 2022).

M. Kennedy: The Rhetoric of

Presidential Nomination in

Liberty (David Frank & Francis J.

Polarized Times 10 (Eugene Mazo

Equilibrium and Sustainability in

Mootz, III, eds., Pennsylvania State

& Michael Dimino, eds., Cambridge

Federal Systems, in Handbook of

University Press, forthcoming 2022).

University Press, 2020).

(César Colino, ed., Edward Elgar,

Subnational Constitutionalism in

BOOK REVIEWS

forthcoming 2022).

the United States, in Handbook of

Book Review, 48(3) Publius: The

Subnational Constitutions and

Journal of Federalism e4 (2018)

Introduction: Election Law - Universal

Constitutionalism 294 (Patricia

(reviewing Francesco Palermo

or Particular?, in Comparative

Popelier, Giacomo Delladone &

& Karl Kössler, Comparative

Election Law (James A. Gardner,

Nicholas Aroney eds., Routledge, 2021).

Federalism: Constitutional

Federations and Federal Studies

ed., Edward Elgar Publishing,

Arrangements and Case Law (Hart

forthcoming 2022).

Publishing, 2017)).

Alexandra Harrington A S S O C I ATE P R O F E S S O R DIRECTOR OF THE CRIMINAL JUSTICE ADVOCACY CLINIC DIRECTOR OF THE INNOCENCE AND JUSTICE PROJECT JD, Yale Law School BA, Vanderbilt University (716) 645-2108

aharr@buffalo.edu

AREAS OF INTEREST CRIMINAL LAW CRIMINAL PROCEDURE CONSTITUTIONAL LAW

I am interested in how recent

JUVENILE JUSTICE

Supreme Court decisions

PRISONERS’ RIGHTS

that constitutionally limit

SENTENCING & PAROLE

sentences for people who were children at the time of

ARTICLES

the crime might transform

The Constitutionalization of

our understanding of parole’s

Parole: Fulfilling the Promise of

function. My research explores

Meaningful Review, 106 Cornell

the constitutional dimensions

Law Review 1173 (2021).

of parole and the need for judicial oversight of parole

REPORTS

board decisions. I seek to

Time-in-Cell: A 2019 Snapshot

understand how our conception

of Restrictive Housing based

of juveniles’ culpability and

on Nationwide Surveys of

capacity for rehabilitation

U.S. Prison Systems (with

informs the nature of the

Judith Resnik, et al.)(2020).

parole hearing, not only for people who committed crimes

Reforming Restrictive Housing:

as children, but also, more

The 2018 ASCA-Liman Nationwide

broadly, for those convicted

Survey of Time-in-Cell (with

as adults. My work has drawn

Judith Resnik, et al.)(2018).

from my experience as a public defender representing clients in motions for resentencing and in parole hearings.”

Alfred S. Konefsky UB DISTINGUISHED PROFESSOR EMERITUS JD, Boston College Law School BA, Columbia University

konefsky@buffalo.edu

AREAS OF INTEREST AMERICAN LEGAL HISTORY AMERICAN CONSTITUTIONAL HISTORY CONTRACTS

Alfred S. Konefsky, a UB

MELVILLE AND THE LAW

Distinguished Professor, joined the University at Buffalo

ARTICLES

School of Law faculty in 1977

John Henry Schlegel and The

after serving as the Charles

Muppet Show, 69 Buffalo

Warren Fellow in American

Law Review 101 (2021).

Legal History at Harvard Law School and as editor of Legal

CHAPTERS

Papers of Daniel Webster at

Karl’s Law School, or the Oven Bird

Dartmouth College. He taught

in Buffalo, in Insiders, Outsiders,

contracts and a variety of

Injuries and Law in the 21st

courses in American legal

Century: Revisiting “The Oven Bird’s

history, including the subject

Song” 56 (Mary Nell Trautner, ed.,

areas of the 19th century (from

Cambridge University Press, 2018).

the Revolution to the Civil War), the colonial period, law and American labor history, American constitutional history, and Melville and the law.

Meredith Kolsky Lewis PROFESSOR V I C E D E A N FO R I NTE R N ATI O N A L A N D G R A D UATE P R O G R A M S DIRECTOR OF THE CROSS-BORDER LEGAL STUDIES CENTER JD, Georgetown University Law Center MSFS, Georgetown University BA, Northwestern University (716) 645-1631

mlewis5@buffalo.edu

AREAS OF INTEREST

CHAPTERS

INTERNATIONAL ECONOMIC LAW

Dissents, in Research Handbook on

INTERNATIONAL TRADE LAW

WTO Dispute Settlement (Simon

INTERNATIONAL DISPUTE SETTLEMENT

Lester & Bryan Mercurio, eds., Edward

My research focuses on

FREE TRADE AGREEMENTS

Elgar Publishing, forthcoming 2022).

international trade law,

WORLD TRADE ORGANIZATION LAW

particularly issues relating to

Import and Export Controls, in International Commercial

the World Trade Organization, free trade agreements, dispute settlement and trade policy. My

BOOKS

Contracts (Petra Butler, ed., Oxford

A Post-WTO International

University Press, forthcoming 2022).

Legal Order: Utopian, Dystopian

scholarship is influenced by my background in international relations and economics. I also have a strong interest in the Asia-Pacific, a result of having lived and worked

and Other Scenarios (Meredith

Winning Strategy or Own Goal?

Kolsky Lewis, Junji Nakagawa,

Reflections on the United States

Rostam J. Neuwirth, Colin B.

Exiting the Trans-Pacific Partnership,

Picker & Peter Tobias Stoll, eds.,

in Rethinking, Repackaging and

Springer Nature, 2020).

Rescuing World Trade Law in the Post-Pandemic Era (Amrita

in New Zealand and Japan.”

ARTICLES

Bahri, Daria Boklan & Weihuan

The Origins of Plurilateralism

Zhou, eds., Hart Publishing, 2021).

in International Trade Law, 20 Journal of World Investment

The TPP as a Potential New Paradigm

& Trade 633 (2019).

for Trade Agreements: Implications and Opportunities, in El TLCAN Frente a Nuevas Negociaciones Comerciales Regionales: el TPP y el TTIP (María Celia Toro Hernández, ed., 2020) (translated into Spanish). The Embedded Liberalism Compromise in the Making of the GATT and Uruguay Round Agreements, in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited 12 (Gillian Moon & Lisa Toohey, eds., Cambridge University Press, 2018).

BOOK REVIEWS Book Review, 112 American Journal of International Law 136 (2018) (reviewing A History of Law and Lawyers in the GATT/ WTO (Gabrielle Marceau, ed., Cambridge University Press, 2015)). OTHER Geopolitical Implications of the Regional Comprehensive Economic Partnership (RCEP), in Afronomics Law Symposium on the Regional Comprehensive Economic Partnership (2021). afronomicslaw.org/category/ analysis/geopolitical-implicationsregional-comprehensiveeconomic-partnership-rcep

Paul Linden-Retek LECTURER IN L AW & SOCIET Y R E S E A R C H F E LLOW AT TH E B A LDY C E NTE R FOR L AW & SOCIAL POLICY PhD, Yale University JD, Yale Law School AB, Harvard University (716) 645-5541

Combining interests in critical political thought with international socio-legal

plinden@buffalo.edu

AREAS OF INTEREST

CHAPTERS

COMPARATIVE CONSTITUTIONAL LAW

Constitutional Patriotism as Europe’s

CRITICAL POLITICAL AND SOCIAL THEORY

Public Philosophy? On Solidarity and

INTERNATIONAL HUMAN RIGHTS

Responsiveness in Post-National Law,

LAW AND LITERATURE

in EU Constitutional Imagination:

REFUGEE AND ASYLUM LAW

Between Ideology and Utopia

TRANSFORMATIONS OF SOVEREIGNTY

(Jan Komárek, eds., Oxford University

ARTICLES

Judith Shklar’s Critique of Legalism (with

Neither Trumps nor Interests:

Seyla Benhabib), in The Cambridge

Rights, Pluralism, and the Recovery

Companion to the Rule of Law 295

of Constitutional Judgment, 70(3)

(Jens Meierhenrich & Martin Loughlin

Cleveland State Law Review

eds., Cambridge University Press, 2021).

studies, I study transformations of legal and political form under contemporary globalization. My current research examines the legality and democratic legitimacy we find in the overlapping jurisdictions of

Press, forthcoming 2022).

(forthcoming 2022).

the European Union—and

OTHER

recommends caution in seeing either commercial integration or human rights as adequate frameworks for justifying and sustaining post-national

History, System, Principle, Analogy:

Whose Suffering Matters, Boston

Four Paradigms of Legitimacy in

Review Online Forum (September

European Law, 26(3) Columbia

2020). bostonreview.net/law-justice/

Journal of European Law 1 (2021).

paul-linden-retek-whosesuffering-matters

law. In their place, I develop a

The Refugees We Are: Solidarity,

critical legal theory centered

Asylum, and Critique in the European

on narrative—the extended

Constitutional Imagination, 22(4)

temporal character of political

German Law Review 506 (2021).

life—as the paradigmatic form in which to reimagine

Our Fleeting Moments: Legal Thought

solidarity, legal interpretation

in a Confessional Key, Law, Culture,

and authority, and constituent

and the Humanities 1 (2020).

power beyond the nationstate. Speaking to the EU’s

The Subjects of Spatial Statism:

enduring challenges, this work

Reclaiming Politics and Law in

devotes particular attention

International Entanglement, 18(1)

to migration and asylum,

International Journal of

where struggles over the

Constitutional Law 36 (2020).

meaning of solidarity, law, and political membership are most acute and generative.”

Susan V. Mangold P R O F E S S O R E M E R ITA CHIEF EXECUTIVE OFFICER OF THE JUVENILE L AW CENTER JD, Harvard Law School BA, Harvard College

svm@buffalo.edu

AREAS OF INTEREST CHILD WELFARE LAW CHILDREN AND THE LAW JUVENILE JUSTICE

It is a privilege to be able to engage with the National

BOOKS

Academy of Sciences,

Children and the Law in a

Engineering and Medicine

Nutshell (with Douglas E. Abrams

to ensure that adolescent

& Sarah H. Ramsey) (West Academic

developmental science

Publishing, 7th ed., 2021).

is central to policies and litigation that impact youth in

Children and the Law: Doctrine,

the justice and child welfare

Policy, and Practice (with Douglas

systems. Continuing to serve

E. Abrams & Sarah H. Ramsey)

as the co-editor of Children

(West Academic, 7th ed., 2020).

and the Law allows me to introduce a wide range of materials for law students to study while also furthering a part of Juvenile Law Center’s mission to grow the field of children’s rights attorneys.”

A Succinct Look at Child Welfare Doctrine and Policy The seventh edition of Children and the Law in a Nutshell (West Academic Publishing, 2021) complements the authors’ casebook Children and the Law: Doctrine, Policy, and Practice and explores the status, rights, and obligations of children throughout American law. This latest edition, co-authored by Susan Vivian Mangold with Douglas E. Abrams and Sarah H. Ramsey, gives particular focus to the meaning of “parent,” civil and criminal abuse and neglect, the foster care system, adoption, medical decisionmaking, protective legislation, delinquency, and support and other financial responsibilities. International law issues are also explored for comparative purposes including the UN Convention on the Rights of the Child, international child labor, and U.S. tobacco exports. The more recent impact of the COVID-19 pandemic on child protection, foster care, and juvenile justice systems is brought into light for the benefit of all whose work contributes to the well-being of our children.

Lynn Mather S U N Y D I S TI N G U I S H E D S E RV I C E P R O F E S S O R E M E R ITA PhD, University of California, Irvine BA, University of California, Los Angeles

lmather@buffalo.edu

AREAS OF INTEREST

CHAPTERS

LEGAL PROFESSION

When and Why Do Lawyer

LAW AND SOCIAL POLICY

Organisations Seek to Influence Law?

COURTS AND CONFLICT RESOLUTION

(with Leslie C. Levin) in Lawyers

LAW AND SOCIETY

in 21st-Century Societies,

What influences lawyers in

vol. 2 (Richard Abel et al., eds.,

their decisions at work and

Hart, forthcoming 2022).

how do those factors vary in

ARTICLES Communities of Scholars and

Client Selection: How Lawyers Reflect

Communities of Practice, 48 Journal

and Influence Community Values,

of Law and Society 25 (2021).

in Insiders, Outsiders, Injuries &

different fields of legal practice? My research has explored these questions empirically in studies of lawyers working

Law: Revisiting “The Oven Bird’s What is a ‘Case’?, 11(2) Onati

Song” 82 (Mary Nell Trautner, ed.,

Socio-Legal Series 355 (2021).

Cambridge University Press, 2018).

Beyond the Guild: Lawyer Organizations

BOOK REVIEWS

and Law Making (with Leslie C. Levin)

Book Review, 46 Journal of Law and

18 Washington University Global

Society 691 (2019) (reviewing Richard

Studies Law Review 589 (2019).

Moorhead, Steven Vaughan and

in different areas. Also, what values do bar associations pursue through lawyer regulation and other efforts to influence law? My recent work involves comparative studies of international lawyer organizations and of lawyer

Cristina Godinho, In-House Lawyers’ The Impact of International

Ethics: Institutional Logics, Legal

Lawyer Organizations on Lawyer

Risk and the Tournament of

Regulation (with Leslie C. Levin

Influence (Hart Publishing, 2018)).

organizations in different countries. The role of courts in conflict resolution and policymaking constitutes another

and Leny de Groot-van Leeuwen)

central research area for me.

42 Fordham International

What is a ‘case’? The concept

Law Journal 407 (2018).

of a case in court involves multiple perspectives, from the litigants’ interest in filing a claim to the governments’ interest in designating certain conduct as ‘illegal.’”

Martha T. McCluskey P R O F E S S O R E M E R ITA W I L L I A M J . M A G A V E R N F A C U LT Y S C H O L A R E M E R I TA JSD, Columbia University School of Law LLM, Columbia University School of Law JD, Yale Law School BA, Colby College mcclusk@buffalo.edu

AREAS OF INTEREST LAW AND ECONOMICS CLIMATE JUSTICE CONSTITUTIONAL LAW

My interest is in exploring

WELFARE LAW

questions of economic policy

GENDER AND LAW

and regulation from outside

CRITICAL LEGAL STUDIES

the conventional boundaries

HEALTH LAW

and strained assumptions of

EMPLOYMENT LAW

‘private’ law and neo-classical economics. As part of the growing Law and Political Economy movement, I am

Are We Economic Engines Too? Precarity, Productivity and Gender, 49 Toledo Law Review 631 (Spring 2018) (Symposium Issue, Gender Equality: Progress and Possibilities). Civil Justice in the United States: How Access to Courts is Essential to a Fair Economy (with Thomas

FAMILY LAW

McGarity, Sidney Shapiro, Karen

DISABILITY LAW

Sokol & James Goodwin), Center for

CIVIL RIGHTS LAW

Progressive Reform (Sep. 2018).

RACE AND THE LAW

active in several scholarly organizations focused on developing an affirmative vision of legal economics

INSURANCE AND THE LAW

Defining the Economic Pie, Not

OCCUPATIONAL SAFETY AND HEALTH

Dividing or Maximizing It, 5 Critical

GOVERNMENT ETHICS

Analysis of Law 77 (April 2018).

REGULATION

capable of responding to contemporary crises of climate, health, inequality, and democracy. My work challenges the divide between economics

ENERGY LAW

CHAPTERS

HIGHER EDUCATION LAW

Critical Legal Power for Twenty-First

FINANCE

Century Change, in De Lege 2020:

ARTICLES

and social justice, and draws

Voices on Law and Activisim (Maria Grahn-Farley, eds., Iustus, 2021).

All Costs Have a Right, in Eleven Things

on critical legal perspectives to examine the relationships between economics and questions of race, gender, class, sexuality, and disability status.”

They Don’t Tell You About Law and

Law and Economics Against Feminism,

Economics: An Informal Introduction

in Oxford Handbook on Feminism

to Political Economy and the Law, 37

and Law in the U.S. (Deborah L. Brake,

Law & Inequality: A Journal of

Martha Chamallas & Verna L. Williams

Theory and Practice 105 (2019).

eds., Oxford University Press, 2021).

Errol Meidinger

SUNY DISTINGUISHED PROFESSOR EMERITUS M A RGA RET W. WONG PROFE S SOR E M E R ITU S HONORARY PROFESSOR, UNIVERSIT Y OF FREIBURG, GERMANY PhD, Northwestern University JD, Northwestern University School of Law MA, Northwestern University BA, University of North Dakota eemeid@buffalo.edu

AREAS OF INTEREST

CHAPTERS

ADMINISTRATIVE LAW

Governance Interactions in Sustainable

ENVIRONMENTAL LAW

Supply Chains Management,

INDIGENOUS PEOPLES’ LAW

in Transnational Business

INTERNATIONAL BUSINESS TRANSACTIONS

Governance Interactions:

INTERNATIONAL ENVIRONMENTAL LAW

My research focuses on how

Advancing Marginalized Actors

INTERNATIONAL TRADE AND ENVIRONMENT

non-governmental actors

and Enhancing Regulatory

interact with each other and

Quality 52 (Stepan Wood, Rebecca

with governments to establish

Schmidt, Errol Meidinger, Burkard

and maintain transnational

Eberlein & Kenneth Abbott, eds.,

regulatory programs in

Edward Elgar Publishing, 2019).

fields where governments

LEGAL THEORY SOCIOLOGY OF LAW

BOOKS The Big Thaw: Policy, Governance and Climate Change in the

The Trans-Pacific Partnership

Circumpolar North (Ezra B.W.

Agreement and Environmental

Zubrow, Errol Meidinger & Kim Diana

Regulation, in Megaregulation

Connolly, eds., SUNY Press, 2019).

Contested: Global Economic

have typically been the main regulators—e.g., environmental protection, human rights, and food safety. I am studying how effective, fair, and

Ordering After TTP 175 (Benedict Transnational Business

Kingsbury, et al., eds., Oxford

Governance Interactions:

University Press, 2019).

democratic the emerging governance ecosystems are, and particularly, how competition

Advancing Marginalized Actors and Enhancing Regulatory

OTHER

Quality (Stepan Wood, Rebecca

Environmental Principles in

Schmidt, Errol Meidinger, Burkard

U.S. and Canadian Law (with

Eberlein & Kenneth Abbott, eds.,

Daniel A. Spitzer & Charles W.

Edward Elgar Publishing, 2019).

Malcomb), in Elgar Encyclopedia

and cooperation among the different regulators affects the overall system. It is important to understand these processes because the nation states have had great difficulty in

of Environmental Law 405 ARTICLES

creating effective international

(Edward Elgar Publishing, 2018).

environmental and social

Forward: Tempering Power, 67(3)

regulatory programs. As

Buffalo Law Review 519 (2019).

non-governmental programs become more important, we may also need to revise some of our main assumptions about what counts as law and how law is made and implemented.”

Athena D. Mutua PROFESSOR AND FLOY D H . AND HILDA L . HURST F A C U LT Y S C H O L A R LLM, Harvard Law School MA, American University JD, American University Washington College of Law BA, Earlham College (716) 645-2873

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

admutua@buffalo.edu

AREAS OF INTEREST

ARTICLES

BUSINESS ASSOCIATIONS

Mapping Racial Capitalism:

CIVIL RIGHTS LAW

Implications for Law (with

CONSTITUTIONAL LAW

Carmen G. Gonzalez), Journal

CRITICAL RACE AND FEMINIST LEGAL THEORY

of Law and Political Economy

LAW AND POLITICAL ECONOMY

and historical) around the pursuit of human dignity,

(forthcoming 2022). A ClassCrits Time?: Building Institutions, Building Frameworks –

democracy, justice, and

Law, Class & Racial Capitalism,

prosperity. My scholarship

1 Journal of Law and Political

focuses specifically on issues

Economy 333 (2021).

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

Liberalism’s Identity Politics: A Reply

to map the mechanisms by

to Fukuyama, 23 University of

which law, together with

Pennsylvania Journal of Law

other social structures, works

and Social Change 27 (2020).

to both hinder and support these justice pursuits.”

Makau W. Mutua SUNY DISTINGUISHED PROFESSOR M A RGA RET W. WONG PROFE S SOR SJD, Harvard Law School LLM, Harvard Law School LLM, University of Dar-es-Salaam (Tanzania) LLB, University of Dar-es-Salaam (Tanzania) (716) 645-2311

mutua@buffalo.edu

AREAS OF INTEREST

CHAPTERS

PUBLIC INTERNATIONAL LAW

The Fraud of John Locke: Subnational

HUMAN RIGHTS

Challenges to Democratic Theory,

INTERNATIONAL BUSINESS TRANSACTIONS

in Comparative Election Law

POST-COLONIALISM

(James A. Gardner, ed., Edward Elgar

My scholarship has

THIRD WORLD APPROACHES TO INTERNATIONAL LAW (TWAIL)

Publishing, forthcoming 2022).

centered on state

STATE RECONSTRUCTION POST-CONFLICT SOCIETIES CONSTITUTION-MAKING TRANSITIONAL JUSTICE

BOOKS The Palgrave Handbook of Democracy, Governance and Justice in Africa (Romola Adeola & Makau W. Mutua, eds., Palgrave Macmillan, forthcoming 2022).

legitimacy, postcolonialism,

Illiberalism, Human Rights, and

constitutionalism, and the

the Rule of Law: A Kenyan Paradox,

critiques of the human

in The Palgrave Handbook

rights idiom. In a world that

of Kenya and its History

is increasingly defined by

(Wanjala Nasong’o, ed., Palgrave

relativism — and the expansion

MacMillan, forthcoming 2021).

of the meaning and content of freedom — shackles of state

A Problem of Utopia: Human Rights

power are constantly being

and Transitional Justice, in The

loosened. Human rights are

Oxford Handbook of Transitional

the medium of choice for

Justice (Jens Meierhenrich &

this discourse which has

Alexander Lahan Hinton eds., Oxford

become indispensable in

University Press, forthcoming 2021).

post-colonial societies, by far the overwhelming majority

Slavery, Universities, and Reparations,

of the earth’s inhabitants.

in Time for Reparations: A

How societies resolve the

Global Perspective (Jacqueline

questions I tackle may very

Bhabha, Margareta Matache &

well determine the pace at

Caroline Elkins, eds., University

which the chasm between

of Pennsylvania Press, 2021).

power and powerlessness shrinks or grows.”

Die Rolle von Nichtregierungsorganisationen bei der Rechtserzeugung [The Role of NGOs in the Creation of Norms], in Dekoloniale Rechtskritik und Rechtspraxis (Karina Theurer & Wolfgang Kaleck eds., Nomos, 2020).

Tolulope F. Odunsi L E C T U R E R I N L A W, L E G A L A N A LY S I S , WRITING AND RESEARCH JD, American University, Washington College of Law BS, Binghamton University

(716) 645-2354

tfodunsi@buffalo.edu

AREAS OF INTEREST LEGAL RESEARCH AND WRITING EMPLOYMENT DISCRIMINATION LAW CIVIL RIGHTS LAW

My work focuses on

CRITICAL RACE THEORY

understanding intersectional

DIVERSITY IN LEGAL PRACTICE

analysis to address the legal

ARTICLES

and administrative systems

Remedying Trait-based

that perpetuate inequality

Employment Discrimination:

in all facets of society. Since

Lessons from the CROWN Act, 14

much of the law related to

Northeastern University Law

discrimination focuses on

Review (forthcoming 2022).

single-axis analysis, my work also explores the ways in

CHAPTERS

which legal systems and other

Is Race Really the Issue? Examining the

institutions have not caught up

Fallacy of “Black Foreigner Privilege,”

in recognizing the intersections

in Pan African Spaces: Essays

of race, gender, ethnicity,

on Black Transnationalism 31

citizenship, physical ability,

(Msia Kibona Clark, Loy L. Azalia

and socioeconomic status.”

& Phiwokuhle Mnyandu, eds., Rowman & Littlefield, 2018).

Anthony O’Rourke JOS E PH W. B E LLUCK A N D L AU R A L . ASWA D PROFESSOR OF CIVIL JUSTICE DIRECTOR OF THE ADVOCACY INSTITUTE JD, Columbia Law School BA, University of Michigan

(716) 645-3097

aorourke@buffalo.edu

AREAS OF INTEREST CRIMINAL LAW AND PROCEDURE CONSTITUTIONAL LAW LEGISLATION STATUTORY INTERPRETATION

Much of my research lies at

LEGAL THEORY

the intersection of criminal procedure and structural

ARTICLES

constitutional law. I am

Defunding Police Agencies (with

currently exploring how

Guyora Binder & Rick Su) 71 Emory

political and economic

Law Journal (forthcoming 2022).

conditions affect the capacity of courts to solve difficult

The Ostensible (and, at times, Actual)

doctrinal problems as well

Virtue of Deference, 131 Yale Law

as how these conditions help

Journal Forum (forthcoming 2021).

structure policing and the criminal law system more

Disbanding Police Agencies (with

broadly. Using a methodological

Guyora Binder & Rick Su), 121

approach that integrates

Columbia Law Review 1327 (2021).

doctrinal analysis with legal theory and social science, my

Parallel Enforcement and Agency

work challenges some common

Interdependence, 77 Maryland

assumptions concerning

Law Review 985 (2018).

how institutional pressures shape both constitutional and

CHAPTERS

statutory interpretation.”

Pretrial Self-Incrimination, Miranda, and Truth, in Interrogation, Confession and Truth 29 (Lutz Eidam, Michael Lindemann & Andreas Ransiek, eds., Nomos Verlagsgesellschaft, 2020).

Stephen J. Paskey CO O R D I N ATO R O F TH E L AW R P R O G R A M L E C T U R E R I N L A W, L E G A L A N A LY S I S , WRITING AND RESEARCH JD, University of Maryland School of Law BA, Michigan State University

(716) 645-5044

We tend to think of law as a

sjpaskey@buffalo.edu

AREAS OF INTEREST

ARTICLES

LAW AND NARRATIVE

Reframing Law’s Domain: Narrative,

LAW AND RHETORIC

Rhetoric, and the Forms of Legal

REFUGEE AND ASYLUM LAW

Rules, 29 Narrative 178 (2021). On Justice: An Origin Story, 68

logical system of rules, but legal

Buffalo Law Review 1515 (2020).

rules are ultimately made of words and the relationships between them. My work focuses on the implications of that simple fact, using concepts from rhetorical theory, narrative theory, cognitive linguistics, and other disciplines to question the conventional understanding of what legal rules are, how they work, and how lawyers, judges, and juries reason in real-world cases.”

John Henry Schlegel UB DISTINGUISHED PROFESSOR F L OY D H . A N D H I L D A L . H U R S T F A C U LT Y S C H O L A R JD, University of Chicago Law School BA, Northwestern University

(716) 645-2746

schlegel@buffalo.edu

AREAS OF INTEREST

CHAPTERS

AMERICAN LEGAL REALISM

Wesley Newcomb Hohfeld: On the

LEGAL HISTORY OF THE AMERICAN ECONOMY

Difficulty of Becoming a Law Professor,

CORPORATE FINANCE

Edited Work, Select Personal

ECONOMIC REDEVELOPMENT OF RUST BELT CITIES

I continue to work on a book

Papers, and Original Commentaries

about law and economy in the

(Shyam Balganesh, Ted Sichelman

1950s. What fascinates about

BOOKS

& Henry Smith, eds., Cambridge

this now long-passed time is

While Waiting for Rain:

University Press, forthcoming 2022).

that its understanding of what

Community, Economy and Law in

Sez Who?: Critical Legal History

makes up a ‘good economy’ is so

a Time of Change (University of

without a Privileged Position, in The

Michigan Press, forthcoming 2022).

Oxford Handbook of Historical

in Wesley Hohfeld A Century Later:

unlike our own, and yet, that lost understanding structures so much of the debate about

Legal Research 561 (Chris

the economy ever since. Such

ARTICLES

Tomlins & Markus Dubber, eds.,

If the Music Hadn’t Stopped, or

Oxford University Press, 2018).

nostalgia for an unrecoverable

BOOK REVIEWS

may be a theme here. Most of my

Reflections on the Great Kerfuffle: Historicism’s Continuing Grasp for Truth, 31 Yale Journal of Law and Humanities 276 (2021). Saying Thanks with Some Self-Reflection, 69 Buffalo Law Review 201 (2021). To Dress for Dinner: Teaching Law in a Bureaucratic Age, 66 Buffalo Law Review 435 (2018).

past is pathological, but there

Book Review, Law & History

earlier work is directed toward

Review 615 (2021) (reviewing Susan

recovering pasts that have been

Bartie, Free Hands, Free Minds:

pathologically distorted in our

Pioneering Australian Legal

presents. And I’ve begun to

Scholars (Hart Publishing, 2019)).

return to another such topic –

Book Review, 84 Modern Law Review

American Legal Realism.”

946 (2021) (reviewing Bruce A. Kimball & Daniel Coquillette, Intellectual Sword: Harvard Law School: The Second Century (Belknap Press, 2020)).

A Seriously Fun Look at Law and Society A recent issue of the Buffalo Law Review (vol. 69, 2021) devotes itself to the teaching, scholarship and unique personality of UB School of Law’s longest-serving active faculty member, John Henry Schlegel. “Serious Fun – A conference with & around Schlegel” collects nine original essays by colleagues and interlocutors of the UB Distinguished Professor, a foreword, and a closing reflection by Schlegel himself. Schlegel joined the UB Law faculty in 1973. His scholarship has had significant influence on the way we view two critical moments in the U.S. legal academy – American Legal Realism and Critical Legal Studies. Generations of UB Law students have experienced his broadly informed yet intensely personal engagement with how law works in our society and have come away challenged to look in new ways at the law and its practice.

Amy Semet A S S O C I ATE P R O F E S S O R PhD, Columbia University MPhil, Columbia University JD, Harvard Law School MA, Columbia University BA, Dartmouth College (716) 645-8162

amysemet@buffalo.edu

AREAS OF INTEREST ADMINISTRATIVE LAW CIVIL PROCEDURE CONSTITUTIONAL LAW

My research focuses on

EMPIRICAL LEGAL STUDIES

studying legal institutions

INTELLECTUAL PROPERTY LAW

in intellectual property law

LAW AND SOCIAL SCIENCE

(particularly patent law)

LEGISLATION

and administrative law from an empirical and statistical perspective. I have created several databases of

Review vol. 12 (forthcoming 2022).

law so as to better understand

Statutory Interpretation, 103(5) Minnesota Law Review 101 (2019).

Litigation: A Review of the Patent Pilot

Empirical Analysis, UC Irvine Law

labor law, and environmental

An Empirical Examination of Agency

Specialized Trial Courts in Patent

Deference in the Appellate Courts: An

property law, immigration law,

69 Duke Law Journal 1855 (2020).

PROPERTY

Statutory Interpretation and Chevron

court decisions in intellectual

Detention (with Catherine Y. Kim),

PATENT LAW

ARTICLES

administrative agency and

Presidential Ideology and Immigrant

Program’s Impact on Appellate Reversal Rates at the Five-Year Mark, 60(2) Boston College Law Review 519 (2019). Judicial Elections, Public Opinion, and Decisions on Lower Salience Issues (with Brandice Canes-Wrone

how agencies and courts make decisions. This empirical research then allows me to

An Empirical Study of Political Control

& Tom Clark ), 15(4) Journal of

Over Immigration Adjudication

Empirical Legal Studies 672 (2018).

(with Catherine Y. Kim ), 108(2)

posit how these institutions

Georgetown Law Journal 579 (2020).

can best be reformed.”

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

(716) 645-8966

mjsteile@buffalo.edu

AREAS OF INTEREST

The Legislature at War: Bandits,

CONSTITUTIONAL LAW

Runaways and the Emergence of

LEGAL THEORY

a Virginia Doctrine of Separation of Powers, 37 Law and History

ARTICLES

Review 493 (2019).

Objectivity and Normativity in

The Security Court, 78 Maryland

Historical Writing (My Dinner

Law Review Online 1 (Sept. 2018).

My central research interest is the development of legal institutions and ideas. I am currently at work on an

with Schlegel), 69(1) Buffalo Law Review 133 (2021).

intellectual history of the

How to Think Constitutionally

separation of powers.”

About Prerogative: A Study of Early Response: Our Imperial Federal

American Usage, 66 Buffalo

Courts, 74 Vanderbilt Law

Law Review 557 (May 2018).

Review En Banc 25 (2021). BOOK REVIEWS The Constitutional Convention

Book Review, Law & History Review

and Constitutional Change:

612 (2021) (reviewing Edward A.

A Revisionist History, 24 Lewis

Purcell, Jr., Antonin Scalia and

and Clark Law Review 1 (2020).

American Constitutionalism: The Historical Significance of a Judicial

Presidential Whim, 46(3)

Icon (Oxford University Press, 2020)).

Ohio Northern University Law Review 489 (2020).

David A. Westbrook LOUIS A . DEL COTTO PROFESSOR CO - DIREC TOR OF THE NE W YORK CIT Y PROGR A M IN FINANCE AND L AW JD, Harvard Law School BA, Emory University

(716) 645-2490

The last few years have been

dwestbro@buffalo.edu

AREAS OF INTEREST

Those People [May Yet Be] a Kind of

GLOBALIZATION AND THE CONTEMPORARY

Solution: Late Imperial Thoughts on

CORPORATIONS AND CAPITAL MARKETS

the Humanization of Officialdom

ENVIRONMENTAL LAW AND TECHNOLOGY

(with Mark Maguire), 67 Buffalo

POLITICAL ECONOMY AND SOCIAL THEORY

Law Review 889 (2019).

especially collaborative, lots of

Unicorns, Guardians, and the

learning from others as I worry the same old questions, and try to make worthy things. Blessed by conversations, I’m obliged

BOOKS

Concentration of the U.S. Equity Markets

Getting Through Security:

(with Amy Deen Westbrook), 96(3)

Counterterrorism, Bureaucracy,

Nebraska Law Review 688 (2018).

and a Sense of the Modern (with

to leave out many dear friends

Mark Maguire) (Routledge Press, 2020).

and important interlocutors,

CHAPTERS Climbing to 10 to the 11th: Globalization,

but for examples, Amy Deen Westbrook and I have written law review articles on the significance of developments in the equity markets and

ARTICLES

Digitization, Shareholder Capitalism

Foreword, Symposium: Serious Fun:

and the Summits of Contemporary

A conference with & around Schlegel!,

Wealth, in The Inequality Crisis

69(1) Buffalo Law Review 1 (2021).

151 (Edward Fullbrook & Jamie Morgan eds., World Economics

corporate governance for

Social Capitalism: A Descriptive

our understanding of this

Association Books, 2020).

Sketch, 194 Telos 27 (2021).

commercial society. Mark

Magical Contracts, Numinous

Maguire and I just finished a book on counterterrorism, bureaucracy, and “security” as a key to understanding

The Public Problem With

Capitalism, in Magical Capitalism

Counterterrorism (with Mark

45 (Brian Moeran & Timothy Malefyt,

Maguire), Sapiens (Sept. 2020).

eds., Palgrave Macmillan, 2018) (substantially revised from the article).

contemporary life, and not

Security by Design: Counterterrorism

incidentally the bureaucratic

at the Airport, 12:3 Anthropology

state. Computer scientist Perry

Now 122 (2020).

Alexander has introduced me to a bunch of folks who

Snapchat’s Gift: Equity Culture in

are struggling with what

High-Tech Firms (with Amy Deen

‘computing’ means. Economics,

Westbrook), 46 Florida State

politics, and technology all

University Law Review 861 (2019).

seem to be changing what it means to live now, except when they do not. More available at davidawestbrook.com.”

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

AREAS OF INTEREST EMPLOYEE BENEFIT PLANS LEGAL HISTORY LEGISLATION RETIREMENT POLICY TAXATION

jwooten@buffalo.edu

ARTICLES The Venue Shuffle: Forum Selection Clauses & ERISA (with Christine P. Bartholomew), 66 UCLA Law

My research focuses on

Review 862 (April 2019).

employee-benefits law and policy and, especially, the regulatory regime created by the Employee Retirement Income Security Act of 1974. ERISA is a large and complicated statute that governs private-sector pension and welfare plans. I am currently at work on a project examining ERISA’s fiduciary rules, which regulate the conduct of people who manage or administer plans.”

The Baldy Center Fellows in Interdisciplinary Legal Studies The Baldy Center for Law & Social Policy is an endowed academic center for interdisciplinary research on law and legal institutions. The mission of The Baldy Center is to advance interdisciplinary research on law, legal institutions, and social policy. It does so by supporting research projects, conferences, workshops, fellowships, visiting scholars, speakers, grant proposals, and other promising initiatives.

OUR 2019-2021 POSTDOCTORAL FELLOW

OUR SENIOR FELLOW

Baldy Postdoctoral Fellows are highly promising scholars from

Baldy Senior Fellows are accomplished academics

a variety of disciplines who have completed or are pursuing

and professionals, usually faculty members at other

their PhDs and/or JDs at other universities, but have not yet com-

universities, who pursue intensive scholarly projects

menced tenure track positions. Chosen in an extremely compet-

closely related to the mission of The Baldy Center. They

itive process, they carry out their scholarly projects with the full

utilize UB’s extensive research resources, participate

array of UB research resources and participate regularly in The

regularly in The Baldy Center events, and share

Baldy Center talks, discussions, workshops, and conferences.

their expertise with the larger Baldy community.

Sarah Ludin

Marie Jauffret-Roustide

PHD, UNIVERSITY OF CALIFORNIA AT BERKELEY

RESEARCH FELLOW, FRENCH NATIONAL INSTITUTE OF HEALTH AND MEDICAL RESEARCH, FRANCE

BA, DARTMOUTH COLLEGE

PHD, PARIS XI UNIVERSITY MA, SCIENCES PO, PARIS A SOCIO-LEGAL HISTORIAN OF THE EARLY MODERN German-speaking lands, with a special interest in law and religion, secularity and secularism, legal phenomenology and difference, and law and language. Her dissertation, “The Reformation Suits: Litigation as Constitution-Making in a German Imperial Court, 1521-1555” reconsiders the role of civil litigation in the early Reformation in Germany, long regarded as an instance of the instrumentalization of law by “old-faith” authorities against the Protestants. Ludin’s research shows how experimental uses of mundane, formulaic legal instruments of Roman law civil procedure fused with the legal culture and legal pluralism of the German lands, such that the litigation context became an unexpected proxy for the most pressing constitutional questions of the early Reformation.

JAUFFRET-ROUSTIDE IS THE LEADER OF AN international comparative research project on the history of a harm reduction between France and the United States. Her research focuses on drug policy and a harm-reduction paradigm; ethnicity and gender issues, laws and regulations; structural inequalities in health and social policies; and patient groups’ and users’ involvement in drug policy changes, including analyses of the biomedicalization process of addiction. As a Senior Baldy Fellow, she is analyzing three representative contemporary drug policy issues affecting both North America (specifically the United States) and partially Europe (France): the history of opioid substitutive treatments, the opioid overdose crisis, and the controversy on drug consumption rooms.

OUR RESEARCH FELLOWS The Baldy Center is a focal point for the large group of scholars working on law, legal institutions, and social policy in the University at Buffalo community. The Baldy Center’s scholarly community is closely connected to regional, national, and global sociolegal scholars. The Baldy Center seeks to facilitate the work of scholars with law and policy related interests by linking them to The Baldy Center community and its substantial scholarly resources.

Matthew Bach

Paul Linden-Retek

PHD CANDIDATE, UNIVERSITY OF FREIBURG

PHD, YALE UNIVERSITY

MSC, UNIVERSITY OF FREIBURG

AB, HARVARD UNIVERSITY

MA, UNIVERSITY OF CAMBRIDGE Bach is researching the changing role of oil and gas firms in climate change governance with a focus on the factors driving their engagement, the positions that they are taking, and the mechanisms and pathways that they are deploying in relation to climate crisis governance. Since 2017, Bach has been a governance programme officer for ICLEI – Local Governments for Sustainability, a global city network, where he leads a Horizon 2020 grant from the European Commission, which develops solutions for sustainable and just cities.

Daniel Brantes Ferreira PHD, PONTIFICAL UNIVERSITY OF RIO DE JANEIRO MA, PONTIFICAL UNIVERSITY OF RIO DE JANEIRO BA, PONTIFICAL UNIVERSITY OF RIO DE JANEIRO Brantes Ferreira is a professor at Universidade Cândido Mendes and Vice-President for Academic Affairs at the Brazilian Center of Arbitration and Mediation (CBMA), where he is an arbitrator. He is also a partner at Bruno Freire Law Firm where he practices labor law and torts. Ferreira’s main research publications are concentrated in the areas of legal theory, legal history, legal education, comparative studies, and Alternative Dispute Resolution (ADR). At The Baldy Center, he is researching American Legal Realism.

JD, YALE LAW SCHOOL

Linden-Retek is a Lecturer in Law & Society at UB School of Law where he teaches in the law school’s undergraduate program. His research and teaching interests are in modern and contemporary political theory, international human rights, the study of constitutional democracy, and critical theory: in particular, questions of identity, pluralism, and citizenship; the legitimacy and ethics of borders; comparative constitutional law; the political philosophy of European integration; refugee and asylum law; and law and the humanities.

Charles J. Whalen PHD, UNIVERSITY OF TEXAS AT AUSTIN BS, CORNELL UNIVERSITY Whalen, an economist with a career spanning three decades, has contributed to national economic policy discussions, equitable regional development, and business success based on employee involvement. He has been active—as president, past president, and now trustee—in the Association for Evolutionary Economics, an international group of scholars in the tradition of those who fashioned the New Deal and Great Society. He is currently editing two books that explore the frontiers of that tradition; his own chapters examine the notion of reasonable value and apply institutional law and economics to the problem of worker insecurity.

Jennifer L. Gaynor PHD, UNIVERSITY OF MICHIGAN, ANN ARBOR MA, UNIVERSITY OF SOUTHERN CALIFORNIA BA, WESLEYAN UNIVERSITY Gaynor is an historian and anthropologist of Southeast Asia and its surrounding seas from the seventeenth century to the present. Her current projects assess both historical and contemporary dynamics of how coastal ecotones shape social, economic, and political relations, as well as how humans continue to reshape coasts. Building on her previous research, she is examining the history of capture, slavery, and piracy in maritime Asia, as well as the recent history of global land reclamation.

Our Multimedia Library The Baldy Center is pleased to announce new online initiatives that bring the work of our community of scholars to you, wherever you are. Check out our new podcast series, our blog, and our online magazine at:

buffalo.edu/baldycenter/multimedia

Learn more about our Baldy Fellows at law.buffalo.edu/baldycenter

Areas of Scholarly Interest Page numbers for faculty profiles by area of interest

Criminal Law — Binder (10), Boucai (11), Chiesa (14),

are indicated by ( ).

Harrington (24), O’Rourke (37) Criminal Procedure — Chiesa (14), Harrington (24), O’Rourke (37) Critical Legal Studies — McCluskey (32)

Administrative Law — Abraham (2), Bernstein (9), Connolly (15), Meidinger (33), Semet (40)

Critical Political & Social Theory — Linden-Retek (28) Critical Race Theory — Mutua, A. (34), Odunsi (36)

Advertising Law — Bartholomew, M. (8)

Cyberlaw — Bartholomew, M. (8)

American Legal History — Konefsky (25)

Democratic Theory, Law and — Gardner (22)

American Constitutional History — Konefsky (25)

Development, Law and — Ayano (5)

American Legal Realism — Schlegel (39)

Disability Law — Abraham (2), McCluskey (32)

Animal Law/Studies — Braverman (12), Chiesa (14)

Diversity in Legal Practice — Odunsi (36)

Anthropology of Law — French (21)

Economics, Law and — Dimick (18), McCluskey (32)

Antitrust — Bartholomew, C. (7)

Economic Redevelopment — Schlegel (39)

Political Economy and Social Theory —

Mutua, A. (34), Westbrook (42)

Asian Legal Cultures — Engel (19) Buddhism and Law — French (21) Business Associations — Mutua, A. (34) Children and the Law —Mangold (30)

Child Welfare Law — Mangold (30)

Civil Liberties — Abraham (2) Civil Procedure — Abraham (2), Bartholomew, C. (7), Bernstein (9), Semet (40) Civil Rights Law — Abraham (2), McCluskey (32), Mutua, A. (34), Odunsi (36)

Election Law — Gardner (22) Empirical Legal Studies — Semet (40) Employment Law — Dimick (18), McCluskey (32), Odunsi (36)

Employee Benefit Plans — Wooten (43)

Retirement Policy — Wooten (43)

Energy Law — Ayano (5), McCluskey (32) Environmental Law — Connolly (15), Meidinger (33)

Climate Justice — McCluskey (32) Clinical Legal Education — Abraham (2), Connolly (15) Commercial Law — Abramovsky (3) Comparative Law — French (21) Administrative — Bernstein (9) Constitutional Law — Abraham (2), Boucai (11),

Environmental Law and Technology — Westbrook (42)

Equal Protection Law and Equality Theory — Finley (20) Ethics

Government Ethics — McCluskey (32)

Legal Ethics — Abramovsky (3)

Evidence — Bartholomew, C. (7)

Gardner (22), Harrington (24), McCluskey (32) ,

Fair Housing — Abraham (2)

Mutua, A. (34), O’Rourke (37), Semet (40), Steilen (41)

Family Law — Boucai (11), McCluskey (32)

Comparative Constitutional Law — Linden-Retek (28)

Federal Courts — Abraham (2)

Constitutional Structure of Politics — Gardner (22)

Federal Jurisdiction — Bernstein (9)

Constitution-Making — Mutua, M. (35)

Federalism — Gardner (22)

First Amendment — Abraham (2), Barbas (6), Finley (20)

Feminist Legal Theory — Finley (20), Mutua, A. (34)

State Constitutional Law — Gardner (22)

Finance — McCluskey (32)

Consumer Protection — Bartholomew, C. (7)

Free Trade Agreements — Lewis (26)

Contracts — Dimick (18), Konefsky (25)

Freedom of the Press — Abraham (2)

Corporations and Capital Markets — Westbrook (42)

Gender and Law — Boucai (11), Finley (20), McCluskey (32)

Corporate Finance — Schlegel (39), Westbrook (42)

Genetics, Law and — Braverman (12)

Courts and Conflict Resolution — Mather (31)

Geography, Law and — Braverman (12)

Globalization — Ayano (5), Westbrook (42)

Natural Resources Law — Ayano (5),

Health Law — McCluskey (32)

Higher Education Law — McCluskey (32)

Neuroscience, Law and — Bartholomew, M. (8)

Human Rights — Ayano (5), Mutua, M. (35)

Occupational Safety and Health — McCluskey (32)

Immigration Law — Ayano (5)

Palestine/Israel — Braverman (12)

Indigenous Peoples’ Law — Meidinger (33)

Patent Law — Semet (40)

Insurance Law — Abramovsky (3), McCluskey (32)

Post-Colonialism — Mutua, M. (35)

Intellectual Property — Bartholomew, M. (8), Semet (40)

Post-Conflict Societies — Mutua, M. (35)

International

Prisoners’ Rights — Harrington (24)

Business Transactions — Meidinger (33), Mutua, M. (35)

Property Law — Abraham (2), Ayano (5), French (21),

Dispute Settlement — Lewis (26)

Economic Law — Lewis (26)

Protest Activity — Finley (20)

Environmental Law — Meidinger (33)

Race and the Law — McCluskey (32)

Globalization — Connolly (15), Meidinger (33)

Braverman (12), Connolly (15)

Semet (40)

Refugee and Asylum Law — Linden-Retek (28), Paskey (38)

Mutua, M. (35), Westbrook (42)

Regulation — Abramovsky (3), McCluskey (32)

Human Rights — Linden-Retek (28), Mutua, M. (35)

Religion, Law and — French (21)

Public International Law — Mutua, M. (35)

Remedies — Bartholomew, C. (7)

Trade Law — Lewis (26), Meidinger (33)

Reproductive Rights — Finley (20)

Jurisdiction — Bernstein (9)

Rhetoric, Law and — Paskey (38)

Jurisprudence — Binder (10), Chiesa (14)

Rights Consciousness — Engel (19)

Juvenile Justice — Harrington (24), Mangold (30)

Science, Law and — Braverman (12), Connolly (15)

Labor Law — Dimick (18)

Law Libraries and Law Librarians — Adelman (4)

Sentencing & Parole — Harrington (24)

Legal Education — Connolly (15)

Sexuality, Law and — Boucai (11)

Legal Ethnography — Braverman (12), Engel (19)

Social Science, Law and — Connolly (15), French (21), Semet (40)

Legal History — Barbas (6), Bartholomew, M. (8), Boucai (11), Wooten (43)

Science and Technology — Braverman (12)

Society/Social Policy, Law and — Bernstein (9), Braverman (12), Engel (19), French (21), Mather (31)

The American Economy — Schlegel (39)

Legal Profession — Mather (31)

Sociology of Law — Meidinger (33)

Legal Research (and Writing) — Adelman (4),

State Reconstruction — Mutua, M. (35)

Statutory Interpretation — O’Rourke (37)

Detweiler (16), Odunsi (36)

Legal Technology — Detweiler (16)

Tax Policy — Dimick (18)

Legal Theory — Dimick (18), Meidinger (33),

Taxation — Dimick (18), Wooten (43)

O’Rourke (37), Steilen (41) Legislation — Abraham (2), Connolly (15), O’Rourke (37), Semet (40), Wooten (43)

Income Tax — Dimick (18)

Third World Approaches to International Law (TWAIL) — Mutua, M. (35)

Literature, Law and — Binder (10), Linden-Retek (28)

Tort Law — Chiesa (14), Engel (19), Finley (20)

Mass Media Law — Barbas (6)

Transformations of Sovereignty — Linden-Retek (28)

Melville and the Law — Konefsky (25)

Transitional Justice — Mutua, M. (35)

Mindfulness and Law — Chiesa (14)

Welfare Law — McCluskey (32)

Narrative, Law and — Paskey (38)

World Trade Organization Law — Lewis (26)

Contact Information

H E ATH E R R . A B R A H A M

K I M D I A N A C O N N O L LY

ERROL MEIDINGER

(716) 645-2073

(716) 645-2092

eemeid@buffalo.edu

habraham@buffalo.edu

kimconno@buffalo.edu

ATH E N A D. M UTUA

AVIVA ABR A MOVSK Y

BRIAN DETWEILER

(716) 645-2873

(716) 645-2052

(716) 645-2384

admutua@buffalo.edu

aabramov@buffalo.edu

briandet@buffalo.edu

M A K AU W. MUTUA

ELIZABETH G. ADELMAN

M AT TH E W D I M I C K

(716) 645-2311

(716) 645-7968

mutua@buffalo.edu

eadelman@buffalo.edu

mdimick@buffalo.edu

T O L U L O P E F. O D U N S I

M E KO N N E N F I R E W AYA N O

DAVID M. ENGEL

(716) 645-2354

(716) 645-5134

dmengel@buffalo.edu

tfodunsi@buffalo.edu

mfayano@buffalo.edu

LUCINDA M. FINLEY

ANTHONY O’ROURKE

SAMANTHA BARBAS

(716) 645-6152

(716) 645-3097

finleylu@buffalo.edu

aorourke@buffalo.edu

REBECCA R. FRENCH

STEPHEN J. PASKEY

(716) 645-2159

(716) 645-5044

rrfrench@buffalo.edu

sjpaskey@buffalo.edu

(716) 645-7399

JAMES A. GARDNER

JOHN HENRY SCHLEGEL

cpb6@buffalo.edu

(716) 645-3607

(716) 645-2746

MARK BARTHOLOMEW

jgard@buffalo.edu

schlegel@buffalo.edu

(716) 645-5959

ALEX ANDRA HARRINGTON

AMY SEMET

bartholo@buffalo.edu

(716) 645-2108

(716) 645-8162

A N YA B E R N S TE I N

aharr@buffalo.edu

amysemet@buffalo.edu

(716) 645-3683

ALFRED S . KONEFSK Y

M AT TH E W S TE I LE N

anyabern@buffalo.edu

konefsky@buffalo.edu

GU YOR A BINDE R

MEREDITH KOLSK Y LE WIS

(716) 645-2673

(716) 645-1631

gbinder@buffalo.edu

mlewis5@buffalo.edu

MICHAEL BOUCAI

PAUL LINDEN-RETEK

(716) 645-1743

(716) 645-5541

mboucai@buffalo.edu

plinden@buffalo.edu

IRUS BRAVERMAN

SUSAN V. M ANG OLD

(716) 645-2089

(716) 645-6216 sbarbas@buffalo.edu C H R I S T I N E P. BARTHOLOMEW

(716) 645-3030

svm@buffalo.edu

irusb@buffalo.edu

LY N N M AT H E R

LUIS E. CHIESA

lmather@buffalo.edu

(716) 645-3152

M A R TH A T. M CC LU S K E Y

lechiesa@buffalo.edu

mcclusk@buffalo.edu

(716) 645-8966 mjsteile@buffalo.edu DAVID A .WE STB ROOK (716) 645-2490 dwestbro@buffalo.edu JAMES A. WOOTEN (716) 645-2318 jwooten@buffalo.edu

For the latest Buffalo faculty research, visit our online Buffalo Legal Studies Research Paper Series, hosted and distributed by the Social Science Research Network (SSRN): S S R N .CO M /LI N K /B U F FA LO - LE GA L- S TU D I E S

PRODUCED BY THE OFFICE OF COMMUNICATIONS, UNIVERSITY AT BUFFALO SCHOOL OF LAW — NOVEMBER 2021

law.buffalo.edu/faculty

Faculty Scholarship: 2018 to 2021

Articles inside

Areas of Interest

Baldy Center Fellows

David A. Westbrook

Matthew Steilen

Amy Semet

John Henry Schlegel

Stephen J. Paskey

Anthony O’Rourke

Tolulope F. Odunsi

Makau W. Mutua

Athena D. Mutua

Errol Meidinger

Martha T. McCluskey

Lynn Mather

Paul Linden-Retek

Meredith Kolsky Lewis

Susan V. Mangold

Alexandra Harrington

James A. Gardner

Rebecca R. French

David M. Engel

Matthew Dimick

Kim Diana Connolly

Lucinda M. Finley

Brian Detweiler

Luis E. Chiesa

Irus Braverman

Michael Boucai

Guyora Binder

Anya Bernstein

Mark Bartholomew

Samantha Barbas

Christine P. Bartholomew

Elizabeth G. Adelman

Heather R. Abraham

Mekonnen Firew Ayano