Faculty Scholarship 2015-2018 - University at Buffalo School of Law

Faculty Scholarship 2015 to 2018

Message from the Dean

Dear Colleagues, We are pleased to update you on the scholarship produced by our faculty since 2015. 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

Aviva Abramovsky. . . . . . . . . . . . . . . . . 2

Athena D. Mutua. . . . . . . . . . . . . . . . . . . 29

Samantha Barbas. . . . . . . . . . . . . . . . . . . 3

Makau W. Mutua . . . . . . . . . . . . . . . . . . 30

Christine P. Bartholomew. . . . . . . . . . . 4

Anthony O’Rourke. . . . . . . . . . . . . . . . . 31

Mark Bartholomew. . . . . . . . . . . . . . . . . 5

Jessica Owley . . . . . . . . . . . . . . . . . . . . . . 32

Anya Bernstein. . . . . . . . . . . . . . . . . . . . . 6

Stephen J. Paskey . . . . . . . . . . . . . . . . . . 34

Guyora Binder. . . . . . . . . . . . . . . . . . . . . . 7

Stephanie L. Phillips. . . . . . . . . . . . . . . 35

Michael Boucai . . . . . . . . . . . . . . . . . . . . . 8

John Henry Schlegel. . . . . . . . . . . . . . . 36

Irus Braverman. . . . . . . . . . . . . . . . . . . . 10

Matthew Steilen . . . . . . . . . . . . . . . . . . . 37

S. Todd Brown . . . . . . . . . . . . . . . . . . . . . 12

Rick Su. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Luis E. Chiesa. . . . . . . . . . . . . . . . . . . . . . 13

Cynthia G. Swann. . . . . . . . . . . . . . . . . . 39

Kim Diana Connolly . . . . . . . . . . . . . . . 14

Mateo Taussig-Rubbo. . . . . . . . . . . . . . 40

Matthew Dimick. . . . . . . . . . . . . . . . . . . 15

David A. Westbrook. . . . . . . . . . . . . . . 41

David M. Engel. . . . . . . . . . . . . . . . . . . . . . 16

James A. Wooten. . . . . . . . . . . . . . . . . . . 42

Lucinda M. Finley. . . . . . . . . . . . . . . . . . 18

Baldy Center Fellows. . . . . . . . . . . . . . 45

Rebecca R. French . . . . . . . . . . . . . . . . . . 19

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

James A. Gardner. . . . . . . . . . . . . . . . . . 20

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

Nicole Hallett. . . . . . . . . . . . . . . . . . . . . . 21 Meredith Kolsky Lewis. . . . . . . . . . . . 22 Jonathan M. Manes . . . . . . . . . . . . . . . . 24 Isabel Marcus. . . . . . . . . . . . . . . . . . . . . . 25 Martha T. McCluskey. . . . . . . . . . . . . . 26 Errol E. Meidinger. . . . . . . . . . . . . . . . . 28

1

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

(716) 645-2052

My research is focused on insurance law with

aabramov@buffalo.edu

AREAS OF INTEREST

CHAPTERS

INSURANCE LAW

Insurance Online: Regulation and

COMMERCIAL LAW

Consumer Protection in a Cyber World

REGULATION OF FINANCIAL ENTITIES

in The “Dematerialized” Insurance:

LEGAL ETHICS

Distance Selling and Cyber Risks from an International Perspective

emphasis on re-insurance.

I am particularly interested in global insurance products and disaster and catastrophe liability. Insurance is a gatekeeper for all corporate behavior and as such the industry’s laws and policies are relevant to every aspect of the world’s economy.”

2

BOOKS

(with Peter Kochenburger) (Pierpaolo

Uniform Commercial Code, West’s

Marano, Iōannēs Rokas, Peter

McKinney’s Forms for New York

Kochenburger, editors)

(Thomson Reuters, 2016-18)

(Springer, 2016) (117-142)

Samantha Barbas PROFESSOR JD, Stanford Law School PhD, University of California at Berkeley BA, Williams College (716) 645-6216

sbarbas@buffalo.edu

AREAS OF INTEREST

The Most Loved, Most Hated Magazine

FIRST AMENDMENT

in America: The Rise and Demise of

LEGAL HISTORY

Confidential Magazine, William and

MASS MEDIA LAW

Mary Bill of Rights Journal

My work examines the

vol. 25: 121-193 (2016)

interconnections between law,

BOOKS Confidential Confidential:

The Social Origins of the Personality

The Inside Story of Hollywood’s

Torts, Rutgers Law Review

Notorious Scandal magazine

vol. 67: 393-440 (2015)

social history and the history of mass communications.

Drawing on my earlier research in media history, published as

(Chicago Review Press, 2018)

Movie Crazy: Fans, Stars, and

When Privacy Almost Won: Newsworthy: The Supreme

Time, Inc. v. Hill (1967),

Court’s Battle Over Privacy

University of Pennsylvania

and Freedom of the Press

Journal of Constitutional

(Stanford University Press, 2017)

Law vol. 18(2): 1-86 (2015)

Laws of Image: Privacy and

CHAPTERS

Publicity in America (Stanford

Privacy and the Right to One’s Image:

University Press, 2015)

A Cultural and Legal History in

the Cult of Celebrity (Palgrave Macmillan, 2001), and The First Lady of Hollywood (University of California Press, 2005), it focuses on the first modern media revolution — the advent of mass-market publishing, radio, film and television in the early to mid-20th century.”

Injury and Injustice: The Cultural ARTICLES

Politics of Harm and Redress

The Esquire Case: A Lost Free Speech

(Cambridge University Press, 2018)

Landmark, William and Mary Bill of Rights Journal (forthcoming, 2018)

Confidential Confidential CONFIDENTIAL CONFIDENTIAL: THE INSIDE STORY OF HOLLYWOOD’S NOTORIOUS SCANDAL MAGAZINE (Chicago Review Press, 2018) presents a thoroughly-researched history of America’s first celebrity gossip magazine and the legal disputes that led to its end. With an extensive network of informants, Confidential soiled celebrities’ pristine reputations by publishing the stars’ scandalous secrets, such as extramarital affairs and drug use, in lurid detail. By 1955, Confidential was the nation’s bestselling publication on newsstands, forcing many to question the scope of freedom of the press and society’s moral obligation to censor indecent content. Ultimately, a slew of multimillion dollar libel lawsuits brought against the magazine by celebrities and simultaneous prosecution by the state of California for obscenity and criminal libel led to the magazine’s downfall. Confidential ceased publishing scandalous gossip in 1957, yet the magazine’s legacy lives on. Confidential established the foundation for future gossip tabloids such as People, the National Enquirer and TMZ.

3

Christine P. Bartholomew A S S O C I ATE P R O F E S S O R JD, University at California at Davis BA, San Francisco State University

(716) 645-7399

My research is in civil

cpb6@buffalo.edu

AREAS OF INTEREST

AMICUS BRIEFS

CIVIL PROCEDURE

AFMS LLC v. United Parcel

ANTITRUST

Services, Inc. & FedEx Corp.,

EVIDENCE

No. 17-1092 (U.S. 2018)

CONSUMER PROTECTION

procedure, specifically the

REMEDIES

tension between class actions’

AFMS LLC v. United Parcel Services, Inc. & FedEx Corp.,

enforcement potential and

ARTICLES

heightened procedural and

The Venue Shuffle: Forum Selection

evidentiary rules. On the one

Clauses & ERISA (with James A.

hand, judicial resources are

Wooten), UCLA Law Review

far from absolute, and such

vol. 66 (forthcoming, 2019)

rules can promote judicial efficiency. On the other hand,

E-Notice, Duke Law Review

a raft of new procedural

(forthcoming, 2018)

hurdles threaten class actions’ potential to regulate corporate

Exorcising the Clergy Privilege,

behavior. It is now harder

Virginia Law Review

to get into court; harder to

vol. 103: 1015-1077 (2017)

plead a claim; and harder to certify a class. I analyze how

The Failed Superiority Experiment,

such hurdles impact class

Vanderbilt Law Review

actions, and then identify

vol. 69: 1295-1348 (2016)

ways to balance efficiency and enforcement goals. Because

Twiqbal in Context, Journal of Legal

rule interpretation is primarily

Education vol. 65: 744-771 (2016)

left to the judiciary, my work analyzes judicial interpretation

Redefining Prey and Predator in Class

and decision making.”

Actions, Brooklyn Law Review vol. 80: 743-806 (2015) Saving Charitable Settlements, Fordham Law Review vol. 83: 3241-3292 (2015)

4

No. 15-55778 (9th Cir. 2017)

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

(716) 645-5959

bartholo@buffalo.edu

AREAS OF INTEREST INTELLECTUAL PROPERTY CYBERLAW LEGAL HISTORY

My recent work examines

ADVERTISING LAW

the relationship between law, technology and advertising.

BOOKS

Through a variety of

Adcreep: The Case Against

mechanisms, including

Modern Marketing (Stanford

intellectual property law,

University Press, 2017)

privacy law, contract law and the First Amendment, the legal

ARTICLES

system is struggling to set an

Neuromarks, MinnesotaLaw

appropriate balance between

Review vol. 103 (forthcoming, 2018)

commercial freedom and consumer protection in the

The Law of Advertising Outrage,

midst of a modern marketing

Advertising & Society

revolution. Figuring out where

Quarterly vol. 19 (3) (2018)

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

The Political Economy of

is to mine psychology, which

Celebrity Rights, Whittier Law

tells us how consumers think,

Review vol. 38: 1-24 (2018)

and history, which tells us how lawmakers approached

CHAPTERS

similar questions in the past,

From Debbie Does Dallas to The

to help assess the costs and

Hangover: The Changing Landscape of

benefits of advertising in new

Trademark Law in Tinseltown (with

forms and new spaces.�

John Tehranian) in Hollywood and the Law (BFI/Palgrave Press, 2016)

5

Anya Bernstein A S S O C I ATE P R O F E S S O R PhD, University of Chicago JD, Yale Law School BA, Columbia College (716) 645-3683

I study cultures of

anyabern@buffalo.edu

AREAS OF INTEREST

CHAPTERS

ADMINISTRATIVE LAW AND COMPARATIVE ADMINISTRATIVE LAW

Agency in State Agencies in Distributed

ADMINISTRATIVE PRACTICE IN DEMOCRACIES

Cause, and Accountability (N.J.

LAW AND SOCIETY

bureaucracies and courts, the

ASIAN LEGAL CULTURES

institutions that implement and interpret the law, approaching

JURISDICTION & CIVIL PROCEDURE

them as social arenas and as

Agency: The Sharing of Intention, Enfield and Paul Kockelman, editors) (Oxford University Press, 2017) (41-48) The Songs of Other Birds in Insiders, Outsiders, Injuries,

nodes embedded in wider social worlds. Although we sometimes take the legitimacy of democratic governance for granted, that legitimacy is not something that inheres in a particular political form; it’s a dynamic, culturally specific outcome of continuous work

ARTICLES

and Law: Revisiting the Oven

Democratizing Interpretation,

Bird’s Song (Mary Nell Trautner,

William and Mary Law Review

editor) (Cambridge University

vol. 60: (forthcoming, October 2018)

Press, December 2017) (219-236)

Before Interpretation,

BOOK REVIEWS

University of Chicago Law

Regimes of Expertise and the Law,

Review vol. 84: 567-645 (2017)

PoLAR Online: Political and Legal Anthropology Review (2016)

by numerous participants. So I’m particularly interested in how bureaucrats and judges legitimize their actions in democracies. Working through ethnography, interview, and

Bureaucratic Speech: Language Choice

(Invited review of The Clinic and the

and Democratic Identity in the Taipei

Court (Ian Harper, Tobias Kelly, and

Bureaucracy, PoLAR: Political and

Akshay Khanna editors) (Cambridge

Legal Anthropology Review

University Press, 2015) and The Role

vol. 40: 28-51 (2017)

of Social Science in Law (Elizabeth Mertz editor) (Ashgate, 2008))

textual analysis, I illuminate

Differentiating Deference,

how government actors

Yale Journal on Regulation

understand, describe, and

vol. 33: 1-53 (2016)

shape law and governance. In recent work, I’ve uncovered presuppositions about communication and democracy in judicial opinions and interviewed government administrators in the U.S. and Taiwan about how they give law life on the ground.”

6

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

gbinder@buffalo.edu

AREAS OF INTEREST

Capital Punishment of Unintentional

CRIMINAL LAW

Felony Murder (with Brenner Fissell

JURISPRUDENCE

and Robert Weisberg) Notre Dame

LAW AND LITERATURE

Law Review vol. 92: 1141-1214 (2017)

My book, The Oxford

Penal Incapacitation: A Situationist

Introductions to U.S. Law:

Critique (with Ben Notterman)

Criminal Law explains the

American Criminal Law

key concepts and persistent

Review vol. 54: 1-56 (2017)

controversies in American

What is Criminal Law About? (with

criminal law in light of its

BOOKS Criminal Law, The Oxford Introductions to U.S. Law (Oxford University Press, 2016) Criminal Law: Cases and Materials (with John Kaplan and Robert Weisberg) (WoltersKluwer, 8th edition, 2016) Criminal Law: Teacher’s Manual (with Robert Weisberg) (WoltersKluwer, 8th edition, 2016) ARTICLES A Political Interpretation of Vagueness Doctrine (with Brenner Fissell), Illinois Law Review (forthcoming, 2019) The Puzzle of Inciting Suicide (with Luis Chiesa), American Criminal Law Review vol. 56 (forthcoming, 2019) Unusual: The Death Penalty for Inadvertent Murder, Indiana Law Journal vol. 93 (forthcoming, 2018)

history. The English common

Robert Weisberg) Michigan Law

law of crimes enforced a

Review vol. 114: 1173-1205 (2016)

royal peace by conditioning

Why Law Matters for Our

punishment on unauthorized

Obligations, Critical Analysis

force and harm to particular

of Law vol. 2: 268-80 (2015)

victims. The story of American criminal law has been the

CHAPTERS

emergence of a utilitarian

The Coptown Case: Inviolable

conception of criminal

Status and Desert in Inherent

offending as the imposition of

and Instrumental Values:

risk or the violation of consent,

Excursions in Value Inquiry (G.

combined with culpability. Yet

John M. Abbarno, editor) (University Press of America, 2015) (281-296)

to understand contemporary

BOOK REVIEWS

remember the model of offending

criminal law, we must also

American Journal of Legal

as trespass against sovereignty

History vol. 57(1): 121-122 (2016)

out of which it emerged.”

(Reviewing Susanna L. Blumenthal’s Law and the Modern Mind) (Harvard University Press, 2016)

7

Michael Boucai A S S O C I ATE P R O F E S S O R MPhil, University of Cambridge JD, Georgetown University Law Center BA, Yale University (716) 645-1743

mboucai@buffalo.edu

AREAS OF INTEREST CRIMINAL LAW FAMILY LAW CONSTITUTIONAL LAW

My research examines

LAW AND SEXUALITY

various intersections of law

LEGAL HISTORY

and sexuality, from obscenity regulation to same-sex

ARTICLES

marriage. I’m interested in

Is Assisted Procreation an LGBT

how the law favors, tolerates

Right?, Wisconsin Law Review

or disfavors particular

vol. 2016(6): 1065-1125 (2016)

expressions of sexuality and intimacy, and how such

Glorious Precedents: When

treatment relates to moral

Gay Marriage Was Radical, The

systems, social arrangements

Yale Journal of Law and the

and political ideologies. Often

Humanities vol. 27(1): 1-82 (2015)

I explore these questions from a historical perspective, as

BOOK REVIEWS

in current projects on Anita

Canadian Journal of Law & Society

Bryant’s pivotal 1977 campaign

(2016) (reviewing After Legal

against gay rights and the

Equality Family, Sex, Kinship (Robert

1895 trials of Oscar Wilde.”

Leckey, editor) (Routledge, 2015))

8

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

My research focuses on the

irusb@buffalo.edu

AREAS OF INTEREST

Law’s Underdog: A Call for

ANIMAL STUDIES

Nonhuman Legalities, Annual

NATURE AND CONSERVATION BIOLOGY

Review of Law and Social

ISRAEL/PALESTINE

Science vol. 14: 127-144 (2018)

LAW AND GEOGRAPHY

relationship between law, science, and nature—broadly construed. In Planted Flags: Trees, Land and Law in Israel/ Palestine (2009), I explored the war over tree landscapes

LAW AND GENETICS

Nature as Spectacle, TOPOS:

LEGAL ETHNOGRAPHY

The International Review of

LAW AND SOCIETY

Landscape Architecture and

SCIENCE AND TECHNOLOGY STUDIES

Urban Design vol. 101: 80-85 (2018)

BOOKS

Renouncing Citizenship as Protest:

Blue Legalities: The Law and

in this contentious region.

Life of the Sea (with Elizabeth R.

Next, Zooland: The Institution

Johnson, editors) (Duke University

of Captivity (Independent

Press, forthcoming, 2019)

Publisher Award Winner, 2012) took readers behind

Coral Whisperers: Scientists

the zoo to make surprising interconnections between our understandings of the human and the nonhuman.

Nature (2015), explored the relationship between captive

between Welfare and

Scientists on the Brink (2018),

Captive: Zoometric Operations in Gaza, Public Culture vol. 29(1): 191-215 (2017)

Wild Life: The Institution of Nature

captures a critical moment in

(Stanford University Press, 2015)

the history of coral reef science,

ARTICLES

documenting a community caught in an existential crisis

Corals in the City: Cultivating Ocean

and alternating between despair and hope.”

Anticipating Endangerment: The Biopolitics of Threatened Species Lists, Biosocieties vol. 12 (1): 132-157 (2016) Biopolarity: Coral Scientists between Hope and Despair, Anthropology Now vol. 8(3): 26-40 (2016)

Life in the Anthropocene City,

Bleached!: Managing Coral Catastrophe,

Contemporary Social Science:

Futures vol. 92: 12-28 (2016)

Journal of the Academy of Social

10

vol. 9(2): 1-27 (Spring 2018)

editor) (Routledge, 2017)

editor) (Routledge, 2016)

new book, Coral Whisperers:

Conservation, Humanimalia

the Human (Irus Braverman,

Legalities (Irus Braverman,

management. Finally, my

Saving Species One Individual

of California Press, 2018)

Animals, Biopolitics, Law: Lively

and wild animal population

vol. 44(2): 379-386 (2018)

at a Time: Zoo Veterinarians

Environment: Life Beyond

Wild Life: The Institution of

Ethnographer, Critical Inquiry

on the Brink (The University

Gene Editing, Law, and the

My following monograph,

Reflections by a Jewish Israeli

Sciences (Special Issue: Urban

The Pet Keeping Industry in

Animals: Cartographies of Radical

the American City, Squaderno

Encounters) (forthcoming, 2019)

vol. 42: 51-55 (2016)

Coral Reefs as Catalysts for Action IN RECENT YEARS, A CATASTROPHIC GLOBAL BLEACHING EVENT DEVASTATED MANY OF THE world’s precious coral reefs. Working on the front lines of ruin, today’s coral scientists are struggling to save these important coral reef ecosystems from the imminent threats of rapidly warming, acidifying, and polluted oceans. CORAL WHISPERERS: SCIENTISTS ON THE BRINK (University of California Press, 2018) captures a critical moment in the history of coral reef science. Gleaning insights from over one hundred interviews with leading scientists and conservation managers, Irus Braverman documents a community caught in an existential crisis and alternating between despair and hope. In this important new book, corals emerge not only as signs and measures of environmental catastrophe, but also as catalysts for action.

Conservation and Hunting:

Law and Life in the Deep Sea

The Life and Law of Corals:

Till Death Do They Part? A Legal

in Handbook of Space, Place

Breathing Meditations in Research

Ethnography of Deer Management,

and Law (Jennifer Carter and

Methods in Environmental

Journal of Land Use and Environ-

Robyn Bartel, editors) (Edward

Law: A Handbook (Andreas

mental Law vol. 30(2): 143-200 (2015)

Elgar) (forthcoming, 2019)

Philippopoulos-Mihalopoulos and

Hyperlegality and Heightened

Robotic Life in the Deep Sea in Blue

Surveillance: The Case of Threatened

Legalities (Irus Braverman and

Species Lists, Surveillance &

Elizabeth R. Johnson, editors) (Duke

Lively Legalities: An Introduction

Society vol. 13(2): 310-313 (2015)

University Press, forthcoming, 2019)

in Animals, Biopolitics, Law:

Rights of Passage: On Doors,

Military-to-Wildlife Geographies:

Technology, and the Fourth

Bureaucracies of Cleanup and

Amendment, Journal of Law,

Conservation in Vieques in

The Regulatory Life of Threatened

Culture, and the Humanities

Handbook on the Geographies

Species Lists in Lively Legalities:

vol. 12(3): 669-692 (2015)

of Regions and Territories

Animals, Biopolitics, Law

(Anssi Paasi, John Harrison, and

(Irus Braverman, editor)

Martin Jones, editors) (Edward

(Routledge, 2016) (18-38)

CHAPTERS Blue Legalities: Untangling Ocean Laws in the Anthropocene in Blue Legalities: The Law and Life of the Sea (with Elizabeth R. Johnson) (forthcoming, 2019) Coral Restoration and Citizen Scientists in the Anthropocene in The Nature of Data: Infrastructures, Environments, Politics (Jenny E. Goldstein & Eric Nost, editors) (Nebraska University Press, forthcoming, 2019) Foreword in Animal Edutainment in a Neoliberal Era: The politics of Teaching and Learning Zoos and Aquariums (Teresa Lloro-Bidart) (Peter Lang) (forthcoming, 2019)

Elgar Publishing, 2018) (268-283)

Victoria Brooks, editors) (Edward Elgar Publishing, 2017) (458-481)

Lively Legalities (Irus Braverman, editor) (Routledge, 2016) (2-16)

En-Listing Life: Red is the Color

Editing the Environment: Emerging

of Threatened Species Lists in

Issues in Genetics and the Law (An

Critical Animal Geographies

Introduction) in Gene Editing, Law

(Rosemarie Collard and Kathryn

and the Environment: Life Beyond

Gillespie, editors) (Routledge/

the Human (Irus Braverman,

Earthscan, 2015) (184-202)

editor) (Routledge, 2017) (1-17)

Is the Puerto Rican Parrot

Gene Drives, Nature, and

Worth Saving? The Biopolitics of

Governance: An Ethnographic

Endangerment and Grievability

Perspective in Gene Editing, Law,

in Economics of Death (Kathryn

and the Environment: Life Beyond

Gillespie and Patricia Lopez, editors)

the Human (Irus Braverman,

(Routledge/Earthscan, 2015) (73-94)

editor) (Routledge, 2017) (55-73)

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

11

S. Todd Brown PROFESSOR VICE DEAN FOR ACADEMIC AFFAIRS DIRECTOR OF THE CENTER FOR THE STUDY OF BUSINESS TRANSACTIONS LLM, Temple University, Beasley School of Law JD, Columbia University School of Law BA, Loyola University of New Orleans (716) 645-6213

stbrown2@buffalo.edu

AREAS OF INTEREST BANKRUPTCY MASS TORT AND BUSINESS LAW

My research currently focuses

ARTICLES

on the intersection of corporate

Consent, Coercion and Bankruptcy

bankruptcy, bankruptcy

Administration, Journal of

trusts and mass tort litigation.

Business and Technology

Recent articles include a study

Law vol. 11(1): 25-57 (2016)

outlining the performance of 32 bankruptcy trusts and the implications for future asbestos personal injury victims, an analysis of individual plaintiffs’ roles in multidistrict mass tort litigation, and the practices that underlie specious claim patterns in comprehensive settlements and the use of stratified and targeted sampling to address these practices.

My next article discusses the use of the debtor’s settlement history in the bankruptcy estimation process in asbestos related bankruptcies.”

12

Luis E. Chiesa PROFESSOR 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

ARTICLES

ANIMAL CRUELTY LAWS

The Puzzle of Inciting Suicide (with

CRIMINAL LAW

Guyora Binder), American Criminal

CRIMINAL PROCEDURE

Law Review vol. 56 (forthcoming, 2019)

TORTS JURISPRUDENCE

My research lies at the

Comparative Law as an Antidote to

intersection of criminal law,

Tunnel Vision in the Criminal Law: The

philosophy and comparative

Example of Complicity, LawRutgers

law. Drawing from my

Law Review (forthcoming, 2018)

experience teaching and lecturing about criminal law in

Mens Rea in Comparative

the United States, Canada, Latin

Perspective, Marquette Law

America, Europe and Asia, my

Review (forthcoming, 2018)

work aims to understand and critique domestic criminal law

The Model Penal Code and Mass

doctrines by looking at how

Incarceration, George Mason Law

other countries approach basic

Review (forthcoming, 2018)

concepts of criminal theory.�

Solving the Riddle of Rape by Deception, Yale Law & Policy Review vol. 35: 407-460 (2017) Animal Rights Unraveled: Why Abolitionism Collapses into Welfarism and What it Means for Animal Ethics, Georgetown Environmental Law Review vol. 28: 557-587 (2017)

13

Kim Diana Connolly PROFESSOR V I C E D E A N FO R E X P E R I E NTI A L A N D S K I LL S 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 DIRECTOR OF THE ADVOCACY INSTITUTE LLM, George Washington University Law School JD, Georgetown University Law Center AB, University of North Carolina at Chapel Hill (716) 645-2092

My substantive research focuses on a number of related areas, including wetlands law and policy as well as other

kimconno@buffalo.edu

AREAS OF INTEREST

CHAPTERS

ADMINISTRATIVE LAW

Marine Protected Areas in Ocean and

CLINICAL LEGAL EDUCATION

Coastal Law and Policy (Donald

ENVIRONMENTAL LAW

C. Baur, Tim Eichenberg, Georgia

INTERNATIONAL LAW

Hancock Snusz, and Michael Sutton,

LAW AND SCIENCE

editors) (American Bar Association,

LAW AND SOCIAL SCIENCE

2nd edition, 2015) (593-626)

LEGAL EDUCATION

environmental regulatory

LEGISLATION

and related subjects. More

NATURAL RESOURCES LAW

recently I have added an interest in how the mass media covers environmental law and policy matters. I have also conducted research on student learning and work on experiential and

(Donald C. Baur, Tim Eichenberg, Georgia Hancock Snusz, and Michael

Wetlands Law and Policy

Sutton, editors) (American Bar

Questions For Our Time (American

Association, 2nd edition, 2015) (127-176)

and Climate Change in the

all cases, I seek to bring serious

Circumpolar North (with

scholarly study to pressing

Errol E. Meidinger and Ezra

issues facing people and

B.W. Zubrow, editors) (SUNY

ecosystems on various levels.�

Press, forthcoming, 2019)

14

Ocean and Coastal Law and Policy

Beyond Jurisdiction: Essential

The Big Thaw: Policy, Governance

interdisciplinary learning. In

Other Waters in the United States in

BOOKS

Bar Association, forthcoming, 2019)

andragogical issues, including

Regulation of Coastal Wetlands and

Matthew Dimick PROFESSOR PhD, University of Wisconsin-Madison JD, Cornell Law School BA, Brigham Young University (716) 645-7968

mdimick@buffalo.edu

AREAS OF INTEREST

Better than Basic Income? Liberty,

INCOME TAX

Equality, and the Regulation of

TAX POLICY

Working Time, Indiana Law

LABOR AND EMPLOYMENT LAW

Review vol. 50: 473-515 (2017)

My research studies the

LAW AND ECONOMICS

relationship between law

The Altruistic Rich? Inequality ARTICLES

and Other-Regarding Preferences

Models of Other-Regarding

for Redistribution (with David

Preferences, Inequality and

Rueda and Daniel Stegmueller)

Redistribution (with David

Quarterly Journal of Political

Rueda and Daniel Stegmueller)

Science vol.11(4): 385-439 (2016)

and economic inequality.

While we may well condemn inequality as an injustice in itself, it also has many negative side effects: a corrosion of the political process, skewed

Annual Review of Political Science vol. 21: 441-460 (2018)

public policies, and an unstable

Should the Law Do Anything About

financial system, to name

Economic Inequality? Cornell

a few. While the causes of

Journal of Law and Public

rising income inequality are

Policy vol. 26: 1–69 (2016)

many and complex, the law undoubtedly plays a role.

Wage-Setting Institutions and

Traditionally, the economic

Corporate Governance (with Neel

analysis of law has focused on

Rao) Journal of Comparative

efficiency—how the law can

Economics 44(4): 854-883 (2016)

make society’s economic pie larger. While using many of

Lords and Order: Credible Rulers

the same economist-inspired

and State Failure, Rationality and

tools, my research uses a

Society vol. 27(2): 161-194 (2015)

more sociologically-inspired set of questions to ask how

BOOK REVIEWS

the law distributes—slices

Contemporary Sociology vol.

up— the economic pie.”

45(1): 93–95 (2016) (reviewing Kathleen A. Thelen’s Varieties of Liberalization and the New Politics of Social Solidarity (Cambridge University Press, 2014))

15

David M. Engel SUNY DISTINGUISHED SERVICE PROFESSOR JD, University of Michigan Law School MA, University of Michigan AB, Harvard University (716) 645-2514

dmengel@buffalo.edu

AREAS OF INTEREST

The Myth of the Litigious

TORTS

Society: Why We Don’t Sue

LAW AND SOCIETY

(University of Chicago Press, 2016)

ASIAN LEGAL CULTURES

My research traces the ways in which rights become active, identities are forged, and law is

LEGAL ETHNOGRAPHY

ARTICLES

RIGHTS CONSCIOUSNESS

Legal Consciousness in Asia (with Lynette Chua) Asian Journal of

woven into the fabric of dayto-day experiences. One line of work examines the earliest

BOOKS

Law and Society vol. 5: 1-4 (2018)

Injury and Injustice: The

(Editor’s Note to Special Issue)

Cultural Politics of Harm

stages of the tort law system, when individuals suffer traumatic physical harms and, in most cases, refuse to lodge a

and Redress (with Anne Bloom

Blood Curse and Belonging in

and Michael McCann, editors)

Thailand: Law, Buddhism, and Legal

(Cambridge University Press, 2018)

Consciousness, Asian Journal of Law and Society vol. 3: 71-83 (2016)

claim or even consult a lawyer.

Insiders, Outsiders, Injuries, and

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

Another line of work explores recent transformations in law, culture, and society in Southeast Asia, with particular attention to Thailand.”

Law in the 21st Century: Revisiting

Perception and Decision at the

“The Oven Bird’s Song” (Mary

Threshold of Tort Law: Explaining

Nell Trautner, editor) (Cambridge

the Infrequency of Claims

University Press, December 2017)

(Eighteenth Annual Clifford

(Collection of essays commemorating

Symposium on Tort Law and Social

David M. Engel’s “The Oven Bird’s

Policy) Depaul Law Review vol.

Song”: Insiders, Outsiders, and

62: 293-334 (2013) (Translated into

Personal Injuries in an American

Japanese and published in Law As

Community, Law and Society

Everyday Practice: Sociology

Review vol. 18: 551-582 (1984))

of Law on Clinical Knowledge (Hidekazu Nishida and Kenji

Le Droit À L’inclusion: Droit

Yamamoto, editors) (2016))

Et Identité Dans Les Récits De Vie Des Personnes Handicapées

Keynote Address: Reimagining

Aux États-Unis, Éditions EHESS

Law and Society Research in

(Translation by Yohann Aucante

Southeast Asia, Chiang Mai

and Thomas Cayet of David M. Engel

University Law Review (2015)

and Frank W. Munger’s Rights of

16

Inclusion: Law and Identity in the

Rights as Wrongs: Legality and

Life Stories of Americans With

Sacrality in Thailand, Asian Studies

Disabilities (EHESS, May 2017)

Review vol. 39: 38-52 (2015)

State and Personhood in Southeast Asia: The Promise and Potential for Law and Society Research (with Lynette Chua) Asian Journal of Law and Society vol. 2: 211-228 (2015) CHAPTERS Chairs, Stairs, and Automobiles: The Cultural Construction of Injuries and the Failed Promise of Law in Injury and Injustice: The Cultural Politics of Harm and Redress (Anne Bloom and Michael McCann, editors) (Cambridge University Press, 2018) Looking Backward, Looking Forward: Past and Future Lives of “The Oven Bird’s Song” in Insiders, Outsiders, Injuries, and Law in the 21St Century: Revisiting “The Oven Bird’s Song” (Mary Nell Trautner, editor) (Cambridge University Press, 2018)

Two Books with an Eye on Society CAMBRIDGE UNIVERSITY PRESS HAS released two books this year reflecting a career of interdisciplinary work by Professor David Engel.

For the first, INJURY AND INJUSTICE: THE CULTURAL POLITICS OF HARM AND REDRESS (2018), Engel was one of three co-editors.

Squarely in the law and society tradition, the book examines how cultures worldwide understand injury and its relation to the justice system.

Engel also contributed a chapter, titled “Chairs, Stairs, and Automobiles: The Cultural Construction of Injuries and the Failed Promise of Law.” It draws on the thinking that went into his 2016 book THE MYTH OF THE LITIGIOUS SOCIETY. “The theory of tort law,” he says, “is that litigation will deter dangerous or risky behavior; it will compensate people when they suffer injuries and struggle with their medical bills and damaged careers; and it will provide a moral statement of who’s to blame when unnecessary risks are posed. But those promises fail if very few people with valid claims actually use the tort system.”

The second book grew from a Baldy Center conference that took place in 2015. In INSIDERS, OUTSIDERS, INJURIES, AND LAW: REVISITING “THE OVEN BIRD’S SONG” (2017), legal scholars take stock of a groundbreaking article by Engel first published in 1984. In that article, he examined how predominant norms and values in a rural Illinois county discouraged injury litigation, even when residents believed they had suffered serious wrongs. Engel argued that anxiety about social and economic changes in the community found expression in negative perceptions of tort claims as compared to positive perceptions of contract claims. “‘THE OVEN BIRD’S SONG’ is such an enduringly influential work that law and society scholars around the world turn to David’s work again and again and again for insight and inspiration,” the book’s editor, UB sociology professor Mary Nell Trautner, writes in her introduction.

17

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 JD, Columbia University Law School BA, Barnard College (716) 645-3594

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 of seemingly neutral tort

FIRST AMENDMENT AND LIMITS ON PROTEST ACTIVITY

doctrines. I am studying caps on non-economic damages to demonstrate that caps have a

BOOKS

disparate impact on women, the

Feminist Judgments: Rewritten

elderly, and children’s death

Torts Opinions (with M.

cases. I’m also exploring why

Chamallas) (Cambridge University

non-economic damages are an

Press, forthcoming, 2019)

under-sustained challenge, and why women tend to receive

CHAPTERS

greater proportions of their

Geduldig v. Aiello in Feminist

tort awards in non-economic

Judgments: Rewritten Opinions

damages, as well as other

of the United States Supreme

important empirical questions

Court (Linda L. Berger, Bridget

about the hidden or unintended

J. Crawford and Kathryn M.

consequences of tort reform,

Stanchi, editors) (Cambridge

including how it will affect

University Press, 2016) (185-207)

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

18

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 ANTHROPOLOGY OF LAW COMPARATIVE LAW LAW AND RELIGION

In the course of my

PROPERTY LAW AND SOCIAL SCIENCE

investigation of the Tibetan

BUDDHISM AND LAW

legal system, I discovered a gaping hole in the substantial

ARTICLES

discipline of Religious

The Anthropology of Religion

Legal Studies — the study

and Law, Religious Studies

of Buddhist legal systems.

Review (forthcoming, 2018)

Incredibly, almost nothing has been written on the legal

Is Buddhist Law “Sophisticated”?,

systems that were influenced

Buddhism, Law and Society

by Buddhism, one of the

vol. 2: vii-xvii (2018)

largest world religions with a 2,500 year history and 500

Editor’s Introduction, Buddhism, Law

million followers. My project

and Society vol. 1: vii-xvii (2016)

for the last few years has been to write in this area and

What is Buddhist Law? Buffalo Law

to organize a wide array of

Review vol. 63: 833- 872 (2015)

international scholars to talk, think and write about this exciting new subject matter.”

19

James A. Gardner SUNY DISTINGUISHED PROFESSOR BRIDGET AND THOMAS BLACK PROFESSOR JD, University of Chicago Law School BA, Yale University (716) 645-3607

Americans have long fretted about the disjunction between

jgard@buffalo.edu

AREAS OF INTEREST

Canadian Federalism in Design

CONSTITUTIONAL STRUCTURE OF POLITICS

and Practice: The Mechanics

LAW AND DEMOCRATIC THEORY

Constitution, Perspectives on

ELECTION LAW

Federalism vol. 9(3): 1-30 (2017)

of a Permanently Provisional

FEDERALISM

our high aspirations for the

STATE CONSTITUTIONAL LAW

democratic electoral process

Claims of Distinctive Identity in Federal Systems: Judicial Policing of the

and the desultory reality of the modern election campaign.

My research examines the role of the law in constituting this disjunction. I am interested in how the law regulating

BOOKS

Limits of Subnational Variance (with

Election Law in the American

Antoni Abat i Ninet) International

Political System (with Guy-

Journal of Constitutional Law

Uriel Charles) (Aspen, 2d edition)

vol. 14: 378-410 (2016) (Translated into

(2018) (1st edition, 2012)

Russian and reprinted, in two parts, as Trebovaniya priznaniya samobytnosti

campaigns operates in its actual institutional setting; how the findings of empirical social science determine what kinds of campaigns the

ARTICLES

v federativnoiy sisteme: sudebnyi na-

The Theory and Practice of

dzor za regional’noiy svobodoiy, Srav-

Contestatory Federalism,

nitel’noe Konstitutsionnoe Obozre-

William & Mary Law Review

nie vol. 4: 69–91 and vol. 5: 48–56 (2017)

vol. 60 (forthcoming, 2018)

law might feasibly aspire

Justice Brennan and the Foundations of

to institutionalize; and how democratic theory addresses the normative desirability of

Active Judicial Governance,

Human Rights Federalism, Ohio State

New England Law Review

Law Journal vol. 77: 355-385 (2016)

vol. 51: 545-554 (2018)

these institutional options.”

Practice-Driven Changes to La contienda intergubernamental en

Constitutional Structures of

sistemas federados, Yearbook of the

Governance, Arkansas Law

National Academy of Law (CÓrdoba,

Review vol. 68: 335- 369 (2016)

Argentina) vol. 28: 123-140 (2018) Partitioning and Rights: The Supreme Court’s Accidental Jurisprudence

Highly Cited Election Law Scholar THE ELECTION LAW BLOG’S 2018 RANKING OF TOP SCHOLARLY IMPACT ONCE again includes Professor James Gardner. The list of top ten faculty in election law identifies faculty from the more than 200 ABA law schools whose work in election law is cited most frequently in law review articles. The ranking shows that other scholars cited Gardner’s work 275 times in articles published from 2013-2017. Gardner was also a part of the influential blog’s biennial top ten list in both 2014 and 2016.

20

of Political Representation, Florida State University Law Review vol. 42: 61-94 (2015)

Nicole Hallett A S S I S TA NT C LI N I C A L P R O F E S S O R DIRECTOR OF THE COMMUNITY JUSTICE CLINIC JD, Yale Law School MS, University of Oxford, St. Cross College BA, DePauw University (716) 645-3193

nicole@buffalo.edu

AREAS OF INTEREST

The #Buffalo 25 and the New Era of

WORKPLACE LAW

Immigration Enforcement, CUNY

IMMIGRATION LAW

Law Review vol. 20: 1-34 (2017)

CIVIL RIGHTS LAW AND SOCIAL MOVEMENTS

I am broadly interested in

From the Picket Line to the

how law either promotes or

Courtroom: A Labor Organizing ARTICLES

Privilege to Protect Workers,

Winning the War Against Wage

N.Y.U. Review of Law & Social

Theft, Yale Law & Policy Review

Change vol. 39: 475-524 (2015)

impedes collective action and power-building in subordinated communities.

Specifically, I study how the

vol 37 (forthcoming, 2018)

decline of labor unions has spawned experimentation by immigrant workers into new forms of organizing, collective bargaining, and worker protection. I am also interested in how immigration law leads to the exploitation and subordination of immigrant communities.�

21

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

ARTICLES

INTERNATIONAL ECONOMIC LAW

My research focuses on international trade law, particularly issues relating to the World Trade Organization, free trade agreements, dispute settlement and trade policy. My scholarship is influenced by my

INTERNATIONAL TRADE LAW

The “New” Plurilateralism

INTERNATIONAL DISPUTE SETTLEMENT

in International Trade Law,

FREE TRADE AGREEMENTS

Journal of World Investment

WORLD TRADE ORGANIZATION LAW

& Trade (forthcoming, 2019)

BOOKS

TPP and RCEP: Implications of Mega-

Reconceptualizing the

FTAs for Global Governance, Social

Multilateral Trading

Science Japan vol. 52: 11-13 (2015)

System (Cambridge University

background in international

Press, forthcoming, 2019)

relations and economics.

CHAPTERS Dissents in Research Handbook on

I also have a strong interest

WTO Dispute Settlement (Simon

in the Asia-Pacific, a result

Lester and Bryan Mercurio, editors)

of having lived and worked

(Edward Elgar, forthcoming)

in New Zealand and Japan.”

Import and Export Controls in International Commercial Contracts (Petra Butler, editor) (Oxford University Press, forthcoming) The TPP as a Potential New Paradigm for Trade Agreements: Implications and Opportunities in El TLCAN Frente a Nuevas Negociaciones Comerciales Regionales: El TPP y el TTIP (María Celia Toro Hernández, editor) (forthcoming, 2018) (Translated into Spanish)

22

The Embedded Liberalism

The United States’ Path to Concluding

OTHER

Compromise in the Making of

the Trans-Pacific Partnership: Will

Bilateralism in Elgar Encyclopedia

the GATT and Uruguay Round

TPA + TAA = TPP? in European

of International Economic Law

Agreements in The Future

Yearbook of International

(Thomas Cottier and Krista

of International Economic

Economic Law, vol. 7: 495-505 (Marc

Nadakavukaren Schefer, editors)

Integration: The Embedded

Bungenberg, Christoph Herrmann,

(Edward Elgar Publishing,

Liberalism Compromise

Markus Krajewski and Jörg Philipp

2017) (32-33)

Revisited (Gillian Moon and

Terhechte, editors) (Springer, 2016)

Lisa Toohey, editors) (Cambridge University Press, 2018)

Multilateralism in Elgar When Popular Decisions Rest

Encyclopedia of International

on Shaky Foundations: Systemic

Economic Law (Thomas Cottier

Mega-FTAs and Plurilateral Trade

Implications of Selected WTO

and Krista Nadakavukaren

Agreements: Implications for the

Appellate Body Trade Remedies

Schefer, editors) (Edward Elgar

Asia-Pacific in The Trans-Pacific

Jurisprudence in International

Publishing, 2017) (33-35)

Partnership: A Paradigm Shift in

Economic Law and Governance:

International Trade Regulation?

Essays in Honour of Mitsuo

Plurilateralism in Elgar

(Julien Chaisse, Henry Gao and

Matsushita (Julien Chaisse

Encyclopedia of International

Chang-fa Lo, editors) (Springer, 2017)

and Tsai-Yu Lin, editors) (Oxford

Economic Law (Thomas Cottier

University Press 2016) (9-27)

and Krista Nadakavukaren

The ASEAN-Australian-New Zealand

Schefer, editors) (Edward Elgar

Free Trade Agreement in Bilateral

BOOK REVIEWS

and Regional Trade Agreements:

American Journal of

Case Studies (Lorand Bartels,

International Law (2018)

Voluntary Export Restraints

Simon Lester and Bryan Mercurio,

(reviewing A History of Law

(VERs) and Orderly Marketing

editors) (Cambridge University

and Lawyers in the GATT/

Arrangements (OMAs) in Elgar

Press, Second Edition, 2016) (114-132)

WTO (Gabrielle Marceau, editor)

Encyclopedia of International

(Cambridge, UK: Cambridge

Economic Law (Thomas Cottier

International Political Economy

University Press and the World

and Krista Nadakavukaren

and the Prisoner’s Dilemma:

Trade Organization, 2015))

Schefer, editors) (Edward Elgar

Compliance with International

Publishing, 2017) (35-36)

Publishing, 2017) (366-368)

Law in The Political Economy of International Law: A European Perspective (Alberta Fabricotti, editor) (Edward Elgar Publishing, 2016) (178-201)

23

Jonathan M. Manes A S S I S TA NT C LI N I C A L P R O F E S S O R DIRECTOR OF THE CIVIL LIBERTIES AND TR ANSPARENCY CLINIC JD, Yale Law School MSc, London School of Economics BA, Columbia University (716) 645-6222

My research investigates how we should regulate government authority in contexts where secrecy is common and public deliberation is often limited.

Recent work examines the problem of secret rules and methods in the national

jmmanes@buffalo.edu

AREAS OF INTEREST

AMICUS BRIEFS

CIVIL RIGHTS/CIVIL LIBERTIES

Information Society Project and

FREEDOM OF SPEECH

Scholars of Intellectual Property and

INFORMATION PRIVACY​

Free Expression Law, in support of

TRANSPARENCY LAW

Defendant-Petitioner, Flo & Eddie, Inc. v.

TECHNOLOGY LAW

Pandora Media, Inc., No. S240649

NATIONAL SECURITY LAW

(Cal. Sup. Ct. Jan 12, 2018)

ARTICLES

Floyd Abrams Institute for Freedom

Secret Law, Georgetown Law

of Expression and First Amendment

Journal, vol. 106(3): 803-869 (2018)

Scholars, in support of the Parties Under Seal, In re National Security

security and law enforcement

Online Service Providers

programs, and explores

Letter, 863 F. 3d 1110 (9th Cir. 2017)

and Surveillance Law

strategies for vindicating values of transparency, free speech, and democratic

Transparency, Yale Law Journal

Law Professors in Support of Plaintiffs’

Forum, vol. 125: 343-358 (2016)​

Opposition to the Motion to Dismiss, Microsoft v. Department of Justice,

deliberation in these domains. I

233 F. Supp. 2d 887 (W.D. Wash. 2016)

am also particularly interested in the accountability and transparency challenges that are posed by new and emerging information technologies.”

Rise of the Machines HARD DECISIONS ABOUT CRIMINAL JUSTICE ARE INCREASINGLY BEING TURNED OVER TO “SMART MACHINES” THAT USE computer algorithms to analyze vast amounts of data to make decisions such as where to deploy more police patrols.

An ambitious new project spearheaded by Assistant Clinical Professor Jonathan Manes, along with five UB colleagues, will examine ethical and social concerns raised by the increasing use of artificial intelligence. The group has been awarded $25,000 in seed funding for a year-long series of projects as part of the University at Buffalo’s Germination Space program, which promotes interdisciplinary research on major societal challenges.

“This grant is meant to bring together people who are building AI tools – the computer scientists and engineers – and people who are thinking about how they affect society.

“We want to work in both directions – to build concerns about ethics, fairness and accountability into the tools as they’re developed, and to think about ways to regulate the tools after they’re built. I’m learning from my colleagues in computer science and other technology disciplines about how these systems work and how the law can respond in a way that preserves fairness and accountability.”

24

Isabel Marcus PROFESSOR PhD, University of California, Berkeley JD, University of California, Berkeley School of Law MA, University of California, Berkeley BA, Barnard College (716) 645-2108

imarcus@buffalo.edu

AREAS OF INTEREST

ARTICLES

FAMILY LAW

Compensatory Women’s Rights

DOMESTIC VIOLENCE

Legal Education in Eastern Europe:

INTERNATIONAL HUMAN RIGHTS

The Women’s Human Rights

INTERNATIONAL WOMEN’S HUMAN RIGHTS

Training Institute, Human Rights

For the past 20 years, I have devoted my scholarly,

Quarterly vol. 39(3): 539-573 (2017)

activist and pedagogical

REMEDIES

attention to human rights issues, with particular emphasis on women’s human rights. Much of my lecturing, training and provision of scholarships has been to NGO lawyers focusing on women’s rights in Eastern Europe and the former Soviet Union. More specifically, I have worked with them on violence against women in post-socialist societies. My concerns extend to legal, political and social theory and practice regarding gender, nationalism, civil society and efforts to develop and implement a rule of law.

To supplement my domestic teaching, I teach at universities and consult with NGOs in post-socialist countries on a regular ongoing basis.”

25

Martha T. McCluskey P R O F E S S O R A N D 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 JSD, Columbia University School of Law LLM, Columbia University School of Law JD, Yale Law School BA, Colby College (716) 645-2326

mcclusk@buffalo.edu

AREAS OF INTEREST LAW AND ECONOMICS WELFARE LAW GENDER AND LAW

My interest is in exploring

CRITICAL LEGAL STUDIES

questions of economic policy

HEALTH LAW

and regulation from outside

EMPLOYMENT LAW

the conventional boundaries of

FAMILY LAW

‘private’ law and neo-classical

DISABILITY LAW

economics. I am interested in

CIVIL RIGHTS LAW

how law and politics shape

RACE AND THE LAW

markets and in how economic

INSURANCE AND THE LAW

policies reflect and reproduce

OCCUPATIONAL SAFETY AND HEALTH

ideas about citizenship and

GOVERNMENT ETHICS

social status. I draw on critical

REGULATION

perspectives of legal theory

ENERGY LAW

to examine the relationships

HIGHER EDUCATION LAW

between questions of economics and questions of race, gender,

FINANCE

class, sexuality and disability

ARTICLES

status. My work challenges the

All Costs Have a Right, in Eleven Things They Don’t Tell You About Law and Economics: An Informal Introduction to Political Economy and the Law, Law & Inequality: A Journal of Theory and Practice vol. 37 (forthcoming, 2018)

divide between economic and moral or social regulation.”

Are We Economic Engines Too? Precarity, Productivity and Gender, Toledo Law Review (Symposium Issue, Gender Equality: Progress and Possibilities) (forthcoming, 2018) Defining the Economic Pie, Not Dividing or Maximizing It, Critical Analysis of Law vol. 5(1): 77-98 (2018) Following the Money in Public Higher Education Foundations, Academe vol. 103(1): 27-31 (Jan./Feb. 2017)

26

Constitutional Economic Justice: Structural Power for “We the People,” Yale Law & Policy Review vol. 35(1): 271-296 (2016) Framing Middle Class Insecurity: Tax and the Ideology of Unequal Growth, Fordham Law Review vol. 84: 2699-2720 (2016) Law and Economics: Contemporary Approaches (Casebook Introduction) (with Frank Pasquale and Jennifer Taub) Yale Law and Policy Review vol. 35: 297-308 (2016) Facing the Ghost of Cruikshank in Constitutional Law, Journal of Legal Education vol. 65(2): 278-297 (2015) Toward a Fundamental Right to Evade Law? Protecting the Rule of Power in Shelby County and State Farm, Berkeley Journal of AfricanAmerican Law & Policy (Symposium) vol. 17(2): 216-229 (2015) and Touro Law Journal of Race, Gender & Ethnicity vol. 7: 216-229 (2015) CHAPTERS Big Government Against Social Responsibility: A Vulnerability Critique of Privatization’s Public Priorities in Privatization, Vulnerability, and Social Responsibility (Martha A. Fineman, Ulrika Andersson, and Titti Mattsson, editors) (Ashgate/ Routledge, 2017) (24-33) Personal Responsibility for Systemic Inequality in Edgar Elgar Handbook On Political Economy and the Law (Ugo Mattei and John Haskell, editors) (Edward Elgar, 2016) (227-245)

Errol E. Meidinger M A RGA RET W. WONG PROFE S SOR D IREC TOR OF TH E BA LDY CE NTE R FOR L AW A N D SOCI A L P OLICY HONORARY PROFESSOR, UNIVERSITY OF FREIBURG, GERMANY PhD, Northwestern University JD, Northwestern University School of Law MA, Northwestern University BA, University of North Dakota (716) 645-6692

“My research focuses on how non-governmental actors interact with each other and with governments to establish and maintain transnational regulatory programs in fields where

eemeid@buffalo.edu

AREAS OF INTEREST

CHAPTERS

ADMINISTRATIVE LAW

Governance Interactions in

ENVIRONMENTAL LAW

Sustainable Supply Chain Management

INDIGENOUS PEOPLES’ LAW

in Transnational Business

INTERNATIONAL BUSINESS TRANSACTIONS

Governance Interactions:

INTERNATIONAL ENVIRONMENTAL LAW

Enhancing Regulatory Capacity,

INTERNATIONAL TRADE AND ENVIRONMENT

Ratcheting Up Standards, and

LEGAL THEORY

(Stepan Wood, Rebecca Schmidt,

SOCIOLOGY OF LAW

Kenneth Abbott and Burkard Eberlein,

Empowering Marginalized Actors

editors) (Edward Elgar, forthcoming)

governments have typically

BOOKS

been the main regulators — e.g., environmental protection, human rights, and food safety. I am studying how effective, fair, and democratic the emerging governance ecosystems are, and

The Big Thaw: Policy, Governance

The Trans-Pacific Partnership

and Climate Change in the

Agreement and Environmental

Circumpolar North (with Ezra B.W.

Regulation in MegaRegulation

Zubrow and Kim Diana Connolly,

Contested: Global Economic

editors) (SUNY Press, forthcoming)

Ordering After TTP (Benedict Kingsbury, et al) (Oxford

particularly, how competition

Transnational Business

and cooperation among the

University Press, forthcoming)

Governance Interactions:

different regulators affects the overall system. It is important to understand these processes because the nation states have had great difficulty in creating effective international environmental and social regulatory programs. As

Enhancing Regulatory Capacity,

OTHER

Ratcheting Up Standards, and

Environmental Principles in U.S. and

Empowering Marginalized Actors

Canadian Law (with Daniel A. Spitzer

(with Stepan Wood, Rebecca Schmidt,

and Charles W. Malcomb) in Elgar

Kenneth Abbott and Burkard Eberlein,

Encyclopedia of Environmental

editors) (Edward Elgar, forthcoming)

Law (Edward Elgar, forthcoming, 2018)

ARTICLES

non-governmental programs

The Interactive Dynamics of

become more important, we

Transnational Business Governance:

may also need to revise some

A Challenge for Transnational Legal

of our main assumptions about

Theory (with Kenneth W. Abbott,

what counts as law and how law

Julia Black, Burkard Eberlein and

is made and implemented.”

Stepan Wood) Transnational Legal Theory vol. 6: 333-369 (2015)

28

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

admutua@buffalo.edu

AREAS OF INTEREST

ARTICLES

CONSTITUTIONAL LAW

Framing Elite Consensus, Ideology

CIVIL RIGHTS LAW

and Theory & A ClassCrits

CORPORATE LAW AND REGULATION

Response, Southwestern Law

CRITICAL RACE, ECONOMIC, AND FEMINIST LEGAL THEORY

Review vol. 44: 635-667 (2015)

My work is inspired by much of the activism (both recent and historical) around the pursuit

Latcrit Praxis @ XX: Toward

of human dignity, democracy,

Equal Justice in Law, Education and

justice, and prosperity. My

Society (with Tayyab Mahmud and

scholarship focuses specifically

Francisco Valdes) Chicago-Kent

on issues related to racial,

Law Review vol. 90: 361-426 (2015)

economic and gender justice. In it, I seek to map the mechanisms by which law, together with other social structures, works to both hinder and support these justice pursuits.�

29

Makau W. Mutua SUNY 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 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

My scholarship has centered on state legitimacy, postcolonialism, constitutionalism and the

mutua@buffalo.edu

AREAS OF INTEREST

The International Criminal Court:

PUBLIC INTERNATIONAL LAW

Promise and Politics-The National

HUMAN RIGHTS

Impact of International Criminal

INTERNATIONAL BUSINESS TRANSACTIONS

Law (Proceedings of the Annual

POST-COLONIALISM

Meeting), American Society of

THIRD WORLD APPROACHES TO INTERNATIONAL LAW (TWAIL)

International Law Proceedings vol. 109: 269-272 (2015)

STATE RECONSTRUCTION

critiques of the human rights idiom. In a world that is increasingly defined by relativism — and the expansion

POST-CONFLICT SOCIETIES

What is the Future of Transitional

CONSTITUTION-MAKING

Justice?, International Journal

TRANSITIONAL JUSTICE

of Transitional Justice (Special Issue) 1-9 (2015)

of the meaning and content of

BOOKS

freedom — shackles of state power are constantly being loosened. Human rights is the medium of choice for

Human Rights Standards:

CHAPTERS

Hegemony, Law, and Politics (David

Africans and the ICC: Hypocrisy,

C. Earnest, editor) (SUNY Press, 2016)

Impunity, and Perversion in Africans and the ICC: Perceptions

this discourse which has become indispensable in post-colonial societies, by far the overwhelming majority

ARTICLES

of Justice (Kamari Clarke, Abel

The Richardson Escuela: Law as

Knottnerus, and Eefje de Volder,

Politics, Temple International

editors) (Cambridge, 2016) (47-60)

and Comparative Law Journal

of the earth’s inhabitants.

vol. 31: 247-256 (2017)

How societies resolve the

Closing the ‘Impunity Gap’ and the Role of State Support for the

questions I tackle may very well determine the pace at which the chasm between power and powerlessness shrinks or grows.”

Africa and the Rule of Law,

ICC in Contemporary Issues

Sur International Journal

Facing the International

of Human Rights (Revista

Criminal Court (Richard H.

Internacional de Direitos Human)

Steinberg, editor) (Martinus

vol. 13(23): 159-173 (2016)

Nijhoff; Lam edition, 2016) (99-111)

Mazrui and Barkan: A Tribute,

Is the Age of Human Rights Over?

Journal of Contemporary African

in The Routledge Companion

Studies vol. 33: 433-440 (2016)

to Literature and Human Rights (Sophia A. McClennen and Alexandra Schulthesis Moore, editors) (Routledge, 2016) (450-458)

30

Anthony O’Rourke JOS E PH W. B E LLUCK A N D L AU R A L . ASWA D PROFESSOR OF CIVIL JUSTICE JD, Columbia Law School BA, University of Michigan (716) 645-3097

aorourke@buffalo.edu

AREAS OF INTEREST

White Paper of Democratic Criminal

CRIMINAL LAW AND PROCEDURE

Justice (with Joshua Kleinfeld et al.)

CONSTITUTIONAL LAW

Northwestern University Law

LEGISLATION

Review vol. 111: 1693-1706 (2017)

Much of my research lies at

STATUTORY INTERPRETATION LEGAL THEORY

the intersection of criminal

Statutory Constraints and

procedure and structural

Constitutional Decisionmaking, ARTICLES

Wisconsin Law Review

Parallel Enforcement and Agency

vol. 2015: 87-152 (2015)

constitutional law. I am currently exploring how political and economic

Interdependence, Maryland Law Review vol. 77: 985-1061 (2018)

conditions affect the capacity

Substantive Due Process for

of courts to solve difficult

Noncitizens: Lessons from Obergefell, Semantic Vagueness and Extrajudicial

Michigan Law Review First

Constitutional Decisionmaking,

Impressions vol. 114: 9-20 (2015)

doctrinal problems. Using a methodological approach that integrates doctrinal

William & Mary Bill of Rights

analysis with legal theory

Journal vol. 25(4): 1301-1324 (2017)

and social science, my work challenges some common assumptions concerning how institutional pressures shape both constitutional and statutory interpretation.”

31

Jessica Owley PROFESSOR PhD, University of California, Berkeley JD, University of California, Berkeley School of Law MS, University of California, Berkeley MLA, University of California, Berkeley BA, Wellesley College (716) 645-8182

My research centers on

jol@buffalo.edu

AREAS OF INTEREST

Understanding the Complicated

ENVIRONMENTAL LAW

Landscape of Civil War Monuments

PROPERTY LAW

(with Jess Phelps) Indiana Law

NATURAL RESOURCES LAW

Journal vol 93: 15-33 (2018)

FEDERAL INDIAN LAW

the evolving meaning of property. I am particularly interested in how shifting meanings and interpretations affect environmental values and regulatory schemes.

My recent line of inquiry examines the intersection between ‘public’ and ‘private’ land conservation and how that moving line influences property and environmental

LEGISLATION AND STATUTORY INTERPRETATION

Unforeseen Land Uses: The Effect

ADMINISTRATIVE LAW

Conservation Programs, U.C. Davis

CLIMATE CHANGE

Law Review vol. 51: 1673-1716 (2018)

BOOKS

Beyond Zero-Sum Environmentalism

Rethinking Sustainability

(with Shalanda Baker, Robin

to Meet the Climate Change

Kundis Craig, John Dernbach, Keith

Challenge (with Keith H.

Hirokawa, Sarah Krakoff, Melissa

Hirokawa, editor) (Environmental

Powers, Shannon Roesler, Jonathan

Law Institute Press, 2015)

Rosenbloom, J.B. Ruhl, Jim Salzman,

of Marijuana Legalization on Land

Inara Scott and David Takacs)

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

ARTICLES

Environmental Law Reporter News

Etched in Stone: Historic Preservation

& Analysis vol. 47: 10328-10351 (2017)

Law and Confederate Monuments

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

(with Jess Phelps), Florida Law

Enhancing Conservation Options: An

Review (forthcoming, 2019)

Argument for Statutory Recognition of Options to Purchase Conservation

emergence of conservation easements as a preferred method of conservation.

Where private agreements regarding land use form the

Climate Change Challenges for

Easements (OPCEs) (with Federico

Land Conservation: Rethinking

Cheever) Environmental Law

Conservation Easements, Strategies,

Reporter News & Analysis

and Tools (with Federico Cheever,

vol. 47: 10655-10660 (2017)

Adena R. Rissman, M. Rebecca

backbone of our conservation strategies, we elevate the role of the private landowner over community needs and desires.”

Shaw, Barton H. Thompson and

Exploiting Conservation Lands:

W. William Weeks) Denver Law

Can Hydrofracking Be Consistent

Review vol. 95: 727-779 (2018)

with Conservation Easements? (with Collin Doane) Kansas Law

Taking the Public out of Public Lands: Shifts in Coal-Extraction Policies in the Trump Administration, Florida International University Law Review vol. 13: 35-63 (2018)

32

Review vol. 66: 93-148 (2017)

Mineral Estate Conservation

Cultural Heritage Conservation

Easements: A New Policy

Easements: The Problem of

Instrument to Address Hydraulic

Using Property Law Tools for

Fracturing and Resource Extraction

Heritage Protection, Land Use

(with Robert Jackson & James

Policy vol. 49: 177-182 (2015)

Salzman) Environmental Law Reporter News & Analysis

From Vacant Lots to Full Pantries:

vol. 47: 10112-110120 (2017)

Urban Agriculture Programs and the

CHAPTERS The Endangered Species Act: An Environmentalist Prospective in Endangered Species Act: Law, Policy, and Perspectives (3rd edition) (with Brett Hartl) (Don Baur & Ya-Wei Li, editors) (forthcoming, 2018)

American City (with Tonya Lewis)

Zero-Sum Land Conservation

Public Access to Spatial Data on

University of Detroit Mercy

in Beyond Zero-Sum

Private-Land Conservation (with

Law Review vol. 91: 233-258 (2015)

Environmentalism (Sarah

Adena R. Rissman, Andrew W.

Krakoff, Melisssa Powers,

L’Roe, Amy Wilson Morris and

Preservation is a Flawed

and Jonathan Rosenbloom,

Chloe B. Wardropper) Ecology

Mitigation Strategy, Ecology Law

editors) (forthcoming, 2018)

and Society vol. 22(2): 24 (2017)

Currents vol. 42: 1-14 (2015)

Enhancing Conservation Options: An

A Response to the IPCC Fifth

Argument for Statutory Recognition

Assessment (with Sarah Adams-

of Options to Purchase Conservation

Schoen, Deepa Badrinarayana,

Easements (OPCEs) (with Federico

Cinnamon Carlarne, Robin Kundis

Cheever) Harvard Environmental

Craig, John C. Dernbach, Keith H.

Law Review vol. 40: 1-45 (2016)

Hirokawa, Alexandra B. Klass, Katrina Kuh, Stephen Miller, Shannon Roesler,

Trends in Private Land

Jonathan Rosenbloom, Inara Scott

Conservation: Increasing

and David Takacs), Environmental

Complexity, Shifting Conservation

Law Reporter News & Analysis

Purposes and Allowable Private

vol. 45: 10027-10048 (2015)

Land Uses (with Adena Rissman) Land Use Policy vol. 51: 76-84 (2016)

Keeping Track of Conservation, Ecology Law Quarterly

Adapting Conservation Easements

vol. 42: 79-138 (2015)

The Use of Property Law Tools for Soil Protection in International Yearbook of Soil Law and Policy (Harald Ginzky, Elizabeth Dooley, Irene Hauser, Till Markus and Tianbao Qin, editors) (Springer, 2018) (339-357) Flexible Conservation in Uncertain Times (with David Takacs) in Contemporary Issues in Climate Change Law and Policy: Essays Inspired at the IPCC (Robin Kundis Craig and Stephen R. Miller, editors) (Environmental Law Institute, 2016) (65-104) Sustainability Thinking for the

to Climate Change (with Adena R. Rissman, M. Rebecca Shaw and

Symbolic Politics for Disempowered

Climate Change Generation in

Barton H. Thompson), Conservation

Communities: State Environmental

Rethinking Sustainability

Letters vol. 8: 68-76 (2015)

Justice Policies (with Tonya Lewis)

to Meet the Climate Change

Brigham Young University

Challenge (with Keith H. Hirokawa,

Journal of Public Law

editors) (Environmental Law

vol. 29: 183-240 (2015)

Institute Press, 2015) (5-21)

33

Stephen J. Paskey 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

sjpaskey@buffalo.edu

AREAS OF INTEREST LAW AND NARRATIVE LAW AND RHETORIC REFUGEE AND ASYLUM LAW

We tend to think of law as a logical system of rules, but legal

ARTICLES

rules are ultimately made of

Telling Refugee Stories: Trauma,

words and the relationships

Credibility, and the Adversarial

between them. My work focuses

Adjudication of Claims for

on the implications of that

Asylum, Santa Clara Law

simple fact, using concepts from

Review vol. 56: 457-530 (2016)

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.�

34

Stephanie L. Phillips PROFESSOR JD, Harvard Law School BA, University at Buffalo (716) 645-2201

slp@buffalo.edu

AREAS OF INTEREST MINDFULNESS AND LAW AFRICAN-AMERICAN LEGAL HISTORY CONFLICT OF LAWS

My current research

LAW AND RELIGION

encompasses three topics. First,

CRITICAL RACE THEORY

along with other innovators in the field of Mindfulness

ARTICLES

and Law, I have integrated

Mindfulness in Education: Tools

mindfulness meditation into

for Effective Conflict Resolution,

my substantive teaching

Journal of the Association

and plan to collaborate on

of Women in Colleges of

empirical research into

Education (Lagos, Nigeria, 2016)

the efficacy of mindfulness techniques for improved cognitive functioning, emotional regulation and stress management. Second, I am co-teaching a series of seminars in African-American legal history, with a related book project. Third, I continue to develop my expertise in theologies of religious pluralism, as applied to the constitutional framework for managing religious diversity.�

35

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

I am at work on a book about law and economy in the 1950s.

schlegel@buffalo.edu

AREAS OF INTEREST

Sez Who?: Critical Legal History

LEGAL HISTORY OF THE AMERICAN ECONOMY

without a Privileged Position in The

CORPORATE FINANCE

Legal Research (Chris Tomlins

ECONOMIC REDEVELOPMENT OF RUST BELT CITIES

and M. Dubber, editors) (Oxford

ARTICLES

. . . and Law? in Contemporary Legal

To Dress for Dinner: Teaching Law

Thought (Chris Tomlins and Justin

in a Bureaucratic Age, Buffalo Law

Desautels-Stein, editors) (Cambridge

Review vol. 66: 435-480 (2018)

University Press, 2017) (348-362)

On Absences as Material for

Legal Realism in International

Historical Study, Buffalo Law

Encyclopedia of the Social and

Review vol. 64: 141-59 (2016)

Behavioral Sciences (James D.

What fascinates about this now long passed time is that its understanding of what makes up a ‘good economy’ is so unlike our own, and yet, that lost understanding structures so much of the debate about today’s economy. Such nostalgia for an unrecoverable past is pathological, but there

Oxford Handbook of Historical

University Press, 2018) (561-576)

Wright, editor) (Elsiver, 2015) (772-775)

may be a theme here. Most of

Philosophical Inquiry and Social

my earlier work is directed toward recovering pasts that have been pathologically

Practice, Virginia Law Review

BOOK REVIEWS

vol. 101: 1197-1202 (2015)

American Historical Review vol. 121: 260-61 (2016) (reviewing

distorted in our presents.”

“The Three Globalizations”: An Essay

Herbert Hovenkamp’s The Opening

in Inquiry, Law and Contemporary

of American Law: Neoclassical

Problems vol. 78: 19-35 (2015)

Legal Thought 1870-1970 (Oxford University Press, 2014))

CHAPTERS Wesley Newcomb Hohfeld: On the

The New England Quarterly vol.

Difficulty of Becoming a Law Professor

89: 689-92 (2016) (reviewing Daniel

in the Legacy of Wesley Historical

Coquillette and Bruce A. Kimball’s On

Legal Research (S. Balganesh,

the Battlefield of Merit: Harvard

T. Sichelman & H. Smith, editors)

Law School, the First Century

(Cambridge University Press,

(Harvard University Press, 2015))

forthcoming, 2019)

36

Matthew Steilen PROFESSOR JD, Stanford Law School PhD, Northwestern University BA, Carleton College (716) 645-8966

mjsteile@buffalo.edu

AREAS OF INTEREST CONSTITUTIONAL HISTORY CONSTITUTIONAL LAW LEGAL THEORY

I study the history and

THE COMMON LAW

development of AngloAmerican legal institutions. In

BOOKS

England, my primary interest

Constitutional Law: Sources

is the King’s Parliament.

and Problems (digital casebook)

In America, it is popular

(ChartaCourse, 2017)

assemblies and courts of law.”

ARTICLES The Security Court, Maryland Law Review Online (forthcoming, 2018) How to Think Constitutionally About Prerogative: A Study of Early American Usage, Buffalo Law Review vol. 66(3): 557-668 (2018) The Josiah Philips Attainder and the Institutional Structure of the American Revolution, Howard Law Journal vol. 60 (2): 413-458 (2017) Bills of Attainder, Houston Law Review vol. 53: 767-908 (2016) Due Process as Choice of Law, William and Mary Bill of Rights Journal vol. 24: 1047–1106 (2016) On the Place of Judge-Made Law in a Government of Laws, Critical Analysis of Law vol. 3: 243–260 (2016)

37

Rick Su PROFESSOR JD, Harvard Law School BA, Dartmouth College (716) 645-5134

ricksu@buffalo.edu

AREAS OF INTEREST IMMIGRATION LAW LOCAL GOVERNMENT LAW

Immigration has long been

ARTICLES

viewed as a quintessential

State Anti-Sanctuary and Immigration

national issue. At the same time,

Localism (with Pratheepan

it is becoming increasingly

Gulasekaram and Rose Cuison

apparent that the local

Villazor) Columbia Law Review

dimensions of immigration

vol. 118 (forthcoming, 2019)

play a significant role in not only the development of our

Making Room for Children: A

immigration policies, but also

Response to Professor Estin on

how immigrants are perceived

Immigration and Child Welfare,

in American society. My

Washington University Global

research aims to bridge this

Studies Law Review vol. 17: 633-

divide by exposing the intricate

644 (2018) (invited submission)

and complex relationship between immigration and

Have Cities Abandoned Home

local government law. I am

Rule?, Fordham Urban Law

currently examining how local

Journal vol. 44: 181-217 (2017)

government law’s systematic organization of space and

Intrastate Federalism,

community serves, in many

University of Pennsylvania

instances, as a ‘second order’

Journal of Constitutional

regulatory component of our

Law vol. 19: 191-270 (2016)

immigration regime, and questioning the manner in which legal doctrines frame our conceptualization of cities in the immigration context.”

38

Cynthia G. Swann 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, Georgetown University Law Center MA, Georgetown University BA, University at Buffalo (716) 645-2073

cgswann@buffalo.edu

AREAS OF INTEREST CONSTITUTIONAL LAW LEGAL RESEARCH AND WRITING

My interest lies in analyzing

BOOKS

the processes that courts and

The United States Supreme

legal readers and writers adopt

Court’s Assault on the

to shape the law and to create

Constitution, Democracy, and

meaning. With respect to

the Rule of Law (with Adam

the former, my work focuses

Lamparello) (Routledge, 2016)

on the integrity of the legal decision-making process and

ARTICLES

the relationship between the

Birchfield v. North Dakota: Why the

Supreme Court and coordinate

United States Supreme Court Should

branches, the federal

Rely on Riley v. California To Hold that

government and the states,

Criminalizing A Suspect’s Refusal to

and citizens and their elected

Consent to a Warrantless Blood Test

representatives. With respect

Violates the Fourth Amendment (with

to the latter, my interests lie in

Adam Lamparello), Washington and

the increasing use of images in

Lee Journal of Civil Rights and

legal text and what that means

Social Justice vol. 22: 107-121 (2016)

for how we write, understand, and deploy the law through

The New Affirmative Action

both a visual and written lens.”

After Fisher v. Texas: Achieving Educational Diversity through the Sixth Amendment’s Cross-Section Requirement (with Adam Lamparello), Southern Methodist University Law Review vol. 69: 387-404 (2016) Roe v. Wade: The Case That Changed Democracy (with Adam Lamparello), Tennessee Journal of Race Gender & Social Justice vol. 5: 196-206 (2016)

39

Mateo Taussig-Rubbo PROFESSOR PhD, University of Chicago JD, Yale Law School MPhil, Cambridge University BA, University of Chicago (716) 645-5992

Interweaving my concerns as a legal scholar with my training

taussig@buffalo.edu

AREAS OF INTEREST

BOOKS

ANTHROPOLOGY OF LAW

Contracting Warfare:

CONSTITUTIONAL LAW

Sacrifice, Law and State Violence

CRIMINAL LAW

in Neoliberal Times (Stanford

COMPARATIVE LAW

University Press, forthcoming)

CONTRACTS

in cultural anthropology,

SOCIAL AND POLITICAL THEORY

my work has focused on a set of legal and theoretical

ARTICLES Appraising 9/11: Sacred Value and Heritage in Neoliberal Times,

challenges posed by changes in

University of Pennsylvania

the nature of state sovereignty

Journal of Constitutional

in an era of privatization

Law vol. 18(4): 1179-1230 (2016)

and globalization. In two geographical areas, I consider these changes by examining both institutional forms (law and policy) and moral, ethical and social values. In my U.S.focused work, and especially my work on the military, I examine what happens when the logic of market exchange collides with sectors of our society organized around such ideas as service, honor and sacrifice. In more recent work in East Africa, I examine the way that sovereignty is defined through relationships with external actors.�

40

David A. Westbrook LOUIS A . DEL COTTO PROFESSOR DIREC TOR OF THE NE W YORK CIT Y PROGR A M ON FINANCE AND L AW JD, Harvard Law School BA, Emory University (716) 645-2490

dwestbro@buffalo.edu

AREAS OF INTEREST

CHAPTERS

INTERNATIONAL LAW AND GLOBALIZATION

Magical Contracts, Numinous

CORPORATE FINANCE

Capitalism in Magical Capitalism

POLITICAL ECONOMY AND SOCIAL THEORY

(Brian Moeran and Timothy Malefyt,

ARTICLES

Leaving Flatland: Planar Discourses

Unicorns, Guardians, and

and the Search for the G-Axis

the Concentration of the U.S.

in Power, Policy and Profit:

Equity Markets (with Amy Deen

Corporate Engagement in

Westbrook) Nebraska Law

Politics and Governance

Review vol. 96 (3): 688-741 (2018)

(Christina Garsten and Adrienne

Now that the financial crisis

editors) (Palgrave, 2018) (45-63)

has settled and our wars have become interminable, I’m again taking a longer view. I am thinking about the possibilities for politics and social thought ‘After Globalization.’ Global capitalism has transformed our structures of meaning in

Sörbom, editors) (Edward Elgar The Paradigm Sways: Macroeconomics

deep ways, so I’m trying to get

Publishing, 2017) (208-222)

a handle on the contemporary

Turns to History, International Finance vol. 20(3): 317-324 (2017)

through a number of

Prolegomenon to a Defense of the

projects. I’m working with

City of Gold in Trumponomics: Governing International Finance after

Causes and Consequences (Edward

the Global Financial Crisis: Three

Fullbrook and Jamie Morgan,

Views of the Terrain, International

editors) (College Publications, 2017)

anthropologist Christina Garsten and her team on ‘Global Foresight’ within institutions; with computer scientist Perry

Finance vol. 19 (2): 230-243 (2016)

Alexander on what ‘computing’

Critical Issues for Qualitative Magical Contracts, Numinous

Research in The Sage Handbook of

Capitalism in Anthropology Today

Qualitative Research (Norman

vol. 32(6): 13-17 (December 2016)

Denzin and Yvonna Lincoln,

means as an intellectual enterprise; and I’ve written and spoken about the changing ontology of ‘the university.’ In

editors) (SAGE Publications, Who Are Our Allies? Who Are Our

addition, I’ve drafted a book

5th edition, 2016) (915-922)

about the rise of commercial

Customers?, World Economics

country music as an American

Association Newsletter

response to the contemporary.

vol. 5(3): 3-5 (June 2015)

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

41

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

jwooten@buffalo.edu

AREAS OF INTEREST EMPLOYEE BENEFIT PLANS LEGAL HISTORY LEGISLATION

My research focuses on

RETIREMENT POLICY

employee-benefits law and

TAXATION

policy and, especially, the regulatory regime created

ARTICLES

by the Employee Retirement

The Venue Shuffle: Forum Selection

Income Security Act of

Clauses & ERISA (with Christine P.

1974. ERISA is a large and

Bartholomew), UCLA Law Review

complicated statute that

vol. 66 (forthcoming, 2019)

governs private-sector pension and welfare plans.

ERISA’s sweeping preemption clause has been particularly controversial. I am currently writing a series of articles that explain the political and policy concerns that led lawmakers to include broad preemption language in ERISA.”

42

Baldy Center Fellows in Interdisciplinary Legal Studies OUR POSTDOCTORAL FELLOWS

OUR 2018–19 SENIOR FELLOWS

Baldy Postdoctoral Fellows are highly promising scholars

Baldy Senior Fellows are accomplished

from a variety of disciplines who have completed or are

academics and professionals, usually faculty

pursuing their PhDs and/or JDs at other universities, but

members at other universities, who pursue

have not yet commenced tenure track positions. Chosen

intensive scholarly projects closely related to

in an extremely competitive process, they carry out their

the mission of the Baldy Center. They utilize

scholarly projects with the full array of UB research

UB’s extensive research resources, participate

resources and participate regularly in Baldy Center talks,

regularly in Baldy Center events, and share their

discussions, workshops, and conferences.

expertise with the larger Baldy community.

Amanda Hughett

Nancy S. Marder

2017-19 POSTDOCTORAL FELLOW

2018-19 SENIOR FELLOW

PHD, DUKE UNIVERSITY

PROFESSOR OF LAW

MA, Duke University BA, University of Tennessee-Knoxville

IIT CHICAGOKENT COLLEGE OF LAW

hughett@buffalo.edu

JD, Yale Law School

HUGHETT’S RESEARCH DOCUMENTS THE EFFORTS OF CIVIL liberties lawyers to secure procedural protections for inmates during the 1970s. Her work illuminates the limitations of individual rights claims in the postwar era while helping to explain why American prisons continue to punish more harshly than their counterparts in any Western country.

David McNamee 2017-19 POSTDOCTORAL FELLOW PHD CANDIDATE, PRINCETON UNIVERSITY JD, Yale Law School BA, Brown University

MPhil, University of Cambridge BA, Yale University nmarder@kentlaw.iit.edu MARDER’S RESEARCH FOCUSES ON THE BOOK, The Power of the Jury: Transforming Citizens into Jurors, which examines how every stage of the jury process helps to transform ordinary citizens into responsible jurors.

Marder’s theory starts from the premise that citizens can be complicated and have biases, as all people do, rather than assuming a simplistic model of jurors who are either biased or unbiased, as the traditional view does. This new theory nonetheless allows for understanding the creation of impartial jurors through the jury process.

davidmcn@buffalo.edu

Werner Reutter

MCNAMEE’S SCHOLARSHIP, TITLED THE CITIZENS’ CONSTITUTION, asserts that it is the responsibility of the citizens to directly participate in constitutional interpretation in certain roles—as voters and jurors, litigants and disobedients, partisans and deliberators. This theory sheds new light on the old idea of the Constitution as fundamental law.

2018-19 SENIOR FELLOW RESEARCH FELLOW OF POLITICAL SCIENCE HUMBOLDT UNIVERSITY OF BERLIN, GERMANY

Daniel Platt

PhD, Free University of Berlin MA, The London School of Economics and Political Science

2018-20 POSTDOCTORAL FELLOW PHD, BROWN UNIVERSITY MA, University of Connecticut

BPA, University of Applied Sciences, Kehl/Rhine

BA, Loyola University Chicago

wernerre@buffalo.edu

danielpl@buffalo.edu PLATT’S RESEARCH RECONSIDERS THE GROWTH OF household credit in the American economy during the late nineteenth and early twentieth centuries by focusing on legal contests over the rights of debtors and creditors. Such disputes routinely turned on the appeal of the contention that ungoverned finance threatened the integrity of both racial hierarchy and the patriarchal household. Platt’s work traces the initial vitality and gradual waning of this argument and the consequential freeing of household credit from traditional legal restraints that followed.

Learn more about our Baldy Fellows at baldycenter.info

REUTTER’S PUBLICATIONS INCLUDE BOOKS AND ARTICLES on interest groups, international trade union politics, constitutional politics, German federalism, and state constitutional courts. He will explore whether, and to what extent, decisions of a German subnational constitutional court and an American state supreme court infringe on the competencies of state legislatures.

45

Areas of Scholarly Interest Page numbers for faculty profiles by area of interest are indicated by ( ).

Administrative Law — Bernstein (6), Connolly (14),

Disability Law — McCluskey (26)

Meidinger (28), Owley (32)

Domestic Violence — Marcus (25)

Administrative Practice in Democracies — Bernstein (6)

Economic Redevelopment of Rust Belt Cities —

Advertising Law — Bartholomew, M. (5)

Schlegel (36)

African-American Legal History — Phillips (35)

Election Law — Gardner (20)

Animal Cruelty Laws — Chiesa (13)

Employee Benefit Plans — Wooten (42)

Animal Studies — Braverman (10)

Employment Law — Dimick (15), McCluskey (26)

Anthropology of Law — French (19), Taussig-Rubbo (40)

Energy Law — McCluskey (26)

Antitrust — Bartholomew, C. (4)

Environmental Law — Connolly (14), Meidinger (28),

Asian Legal Cultures — Bernstein (6), Engel (16)

Owley (32)

Bankruptcy — Brown (12)

Equal Protection Law and Equality Theory — Finley (18)

Buddhism and Law — French (19)

Evidence — Bartholomew, C. (4)

Business Law — Brown (12)

Family Law — Boucai (8), Marcus (25), McCluskey (26)

Civil Procedure — Bartholomew, C. (4), Bernstein (6)

Federal Indian Law — Owley (32)

Civil Rights Law — Hallett (21), Manes (24),

Federal Jurisdiction — Bernstein (6)

McCluskey (26), Mutua, A. (29)

Federalism — Gardner (20)

Climate Change — Owley (32)

Feminist Legal Theory — Finley (18), Mutua, A. (29)

Clinical Legal Education — Connolly (14)

Finance — McCluskey (26), Westbrook (41)

Commercial Law — Abramovsky (2)

First Amendment — Barbas (3), Finley (18)

Common Law, History of — Steilen (37)

Free Trade Agreements — Lewis (22)

Comparative Administrative Law — Bernstein (6)

Freedom of Speech — Manes (24)

Comparative Law — French (19), Taussig-Rubbo (40)

Gender and Law — Finley (18), Marcus (25),

Conflict of Laws — Phillips (35)

McCluskey (26), Mutua, A. (29)

Constitutional History — Steilen (37)

Government Ethics — McCluskey (26)

Constitutional Law — Boucai (8), Mutua, A. (29),

Health Law — McCluskey (26)

O’Rourke (31), Steilen (37), Swann (39), Taussig-Rubbo (40)

Higher Education Law — McCluskey (26)

Constitutional Structure of Politics — Gardner (20)

Human Rights — Marcus (25), Mutua, M. (30)

Constitution-Making — Mutua, M. (30)

Immigration Law — Hallett (21), Su (38)

Consumer Protection — Bartholomew, C. (4)

Income Tax — Dimick (15)

Contracts — Taussig-Rubbo (40)

Indigenous Peoples’ Law — Meidinger (28)

Corporate Finance — Schlegel (36), Westbrook (41)

Information Privacy — Manes (24)

Corporate Law — Mutua, A. (29), Westbrook (41)

Insurance Law — Abramovsky (2), McCluskey (26)

Criminal Law — Binder (7), Boucai (8), Chiesa (13),

Intellectual Property — Bartholomew, M. (5)

O’Rourke (31), Taussig-Rubbo (40)

International Business Transactions — Meidinger (28),

Criminal Procedure — Chiesa (13), O’Rourke (31)

Mutua, M. (30)

Critical Legal Studies — McCluskey (26)

International Dispute Settlement — Lewis (22)

Critical Race Theory — Mutua, A. (29), Phillips (35)

International Economic Law — Lewis (22)

Cyberlaw — Bartholomew, M. (5)

International Environmental Law — Meidinger (28)

46

International Human Rights —Marcus (25),

Mindfulness and Law — Phillips (35)

Mutua, M. (30)

National Security Law — Manes (24)

International Law and Globalization — Connolly (14),

Natural Resources Law — Braverman (10), Connolly (14),

Meidinger (28), Mutua, M. (30), Westbrook (41)

Meidinger (28), Owley (32)

International Trade and Environment — Meidinger (28)

Occupational Safety and Health — McCluskey (26)

International Trade Law — Lewis (22)

Political Economy and Social Theory — Westbrook (41)

International Women’s Human Rights — Marcus (25)

Post-Colonialism — Mutua, M. (30)

Israel /Palestine — Braverman (10)

Post-Con­flict Societies — Mutua, M. (30)

Jurisdiction — Bernstein (6)

Property Law — French (19), Owley (32)

Jurisprudence — Binder (7), Chiesa (13)

Protest Activity — Finley (18)

Labor and Employment Law — Dimick (15)

Public International Law — Mutua, M. (30)

Law and Democratic Theory — Gardner (20)

Race and the Law — McCluskey (26)

Law and Economics — Dimick (15), McCluskey (26)

Refugee and Asylum Law — Paskey (34)

Law and Genetics — Braverman (10)

Regulation — McCluskey (26), Mutua, A. (29)

Law and Geography — Braverman (10)

Regulation of Financial Entities — Abramovsky (2)

Law and Literature — Binder (7)

Remedies — Bartholomew, C. (4), Marcus (25)

Law and Narrative — Paskey (34)

Reproductive Rights — Finley (18)

Law and Religion — French (19), Phillips (35)

Retirement Policy — Wooten (42)

Law and Rhetoric — Paskey (34)

Rights Consciousness — Engel (16)

Law and Science — Braverman (10), Connolly (14)

Science and Technology — Braverman (10)

Law and Sexuality — Boucai (8)

Social and Political Theory — Taussig-Rubbo (40)

Law and Social Movements — Hallett (21)

Sociology of Law — Meidinger (28)

Law and Social Science — Braverman (10), Connolly (14),

State Constitutional Law — Gardner (20)

French (19)

State Reconstruction — Mutua, M. (30)

Law and Society — Bernstein (6), Braverman (10),

Statutory Interpretation — O’Rourke (31), Owley (32)

Engel (16), French (19) Legal Education — Connolly (14) Legal Ethics — Abramovsky (2) Legal Ethnography — Braverman (10), Engel (16) Legal History — Barbas (3), Bartholomew, M. (5), Boucai (8), Wooten (42) Legal History of the American Economy — Schlegel (36) Legal Research and Writing — Swann (39) Legal Theory — Meidinger (28), O’Rourke (31), Steilen (37) Legislation — Connolly (14), O’Rourke (31), Owley (32), Wooten (42) Local Government Law — Su (38) Mass Media Law — Barbas (3) Mass Tort — Brown (12)

Tax Policy — Dimick (15) Taxation — Dimick (15), Wooten (42) Technology Law — Manes (24) Third World Approaches to International Law (TWAIL) — Mutua, M. (30) Tort Law— Chiesa (13), Engel (16), Finley (18) Transitional Justice — Mutua, M. (30) Transparency Law — Manes (24) Welfare Law — McCluskey (26) Women and the Law — Marcus (25), McCluskey (26), Mutua, A. (29) Workplace Law — Hallett (21) World Trade Organization Law — Lewis (22)

47

Contact Information LUCINDA M. FINLEY

STEPHANIE L. PHILLIPS

(716) 645-3594

(716) 645-2201

finleylu@buffalo.edu

slp@buffalo.edu

REBECCA R. FRENCH

JOHN HENRY SCHLEGEL

(716) 645-2159

(716) 645-2746

rrfrench@buffalo.edu

schlegel@buffalo.edu

JAMES A. GARDNER

M AT TH E W S TE I LE N

(716) 645-3607

(716) 645-8966

jgard@buffalo.edu

mjsteile@buffalo.edu

NICOLE HALLETT

RICK SU

(716) 645-3193

(716) 645-5134

cpb6@buffalo.edu

nicole@buffalo.edu

ricksu@buffalo.edu

MARK BARTHOLOMEW

MEREDITH KOLSK Y LE WIS

CYNTHIA G. SWANN

(716) 645-1631

(716) 645-2073

bartholo@buffalo.edu

mlewis5@buffalo.edu

cgswann@buffalo.edu

A N YA B E R N S TE I N

J O N ATH A N M . M A N E S

M ATE O TAU S S I G - R U B B O

AVIVA ABR A MOVSK Y (716) 645-2052 aabramov@buffalo.edu SAMANTHA BARBAS (716) 645-6216 sbarbas@buffalo.edu C H R I S T I N E P. BARTHOLOMEW (716) 645-7399

(716) 645-5959

(716) 645-6222

(716) 645-5992

anyabern@buffalo.edu

jmmanes@buffalo.edu

taussig@buffalo.edu

GU YOR A BINDE R

ISABEL MARCUS

DAVID A .WE STB ROOK

(716) 645-3683

(716) 645-2108

(716) 645-2490

gbinder@buffalo.edu

imarcus@buffalo.edu

dwestbro@buffalo.edu

MICHAEL BOUCAI

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

JAMES A. WOOTEN

(716) 645-2673

(716) 645-1743

(716) 645-2326

mboucai@buffalo.edu

mcclusk@buffalo.edu

IRUS BRAVERMAN

ERROL E. MEIDINGER

(716) 645-3030

(716) 645-6692

irusb@buffalo.edu

eemeid@buffalo.edu

S. TODD BROWN

ATH E N A D. M UTUA

(716) 645-2052

(716) 645-2873

stbrown2@buffalo.edu

admutua@buffalo.edu

LUIS E. CHIESA

M A K AU W. MUTUA

(716) 645-3152

(716) 645-2311

lechiesa@buffalo.edu

mutua@buffalo.edu

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

ANTHONY O’ROURKE

(716) 645-2092

(716) 645-3097

kimconno@buffalo.edu

aorourke@buffalo.edu

M AT TH E W D I M I C K

JESSICA OWLEY

(716) 645-7968

(716) 645-8182

mdimick@buffalo.edu

jol@buffalo.edu

DAVID M. ENGEL

STEPHEN J. PASKEY

(716) 645-2514

(716) 645-5044

dmengel@buffalo.edu

sjpaskey@buffalo.edu

48

(716) 645-2318 jwooten@buffalo.edu

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