Faculty Scholarship: 2018 to 2021

Page 11

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.

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