Faculty Scholarship: 2018 to 2021

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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.”

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