Faculty Scholarship 2011-2014

Faculty Scholarship 2011 to 2014 S UNY B UF FA L O L AW S C H O O L T HE S TAT E U N I V E R S I T Y O F N E W Y O R K

Dear Colleague: We are pleased to update you on the scholarship produced since 2011 by our tenured and tenuretrack faculty. SUNY Buffalo Law School faculty enjoy a well-deserved reputation for cuttingedge ideas and have long been associated with interdisciplinary research and critical approaches to the study of law. Many of our colleagues hold doctorates in areas other than law, and the innovative and thoughtful scholarship catalogued here reflects this rich and diverse background.

We hope that you enjoy getting to know their work. Yours sincerely,

Makau W. Mutua Dean

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A leader in legal thought for more than 125 years Below is a list of 10 events and movements that have made a difference — in the Western New York legal community, but also increasingly, as the Law School has gained in regional, national and global reputation, in ways that reached far beyond Buffalo and Amherst.

Of necessity, the list excludes the past decade or so, in which much intellectual ferment has taken place but for which the judgment of history will have to wait. But it includes many developments that continue to resonate today, including the granddaddy of them all …

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

E S TA B L I S H M E N T O F T H E B U F F A L O L A W S C H O O L

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

F O U N D I N G O F T H E B U F FA L O L AW R E V I E W

The student-edited Law Review published its first issue in the 1950–51 academic year, assembled by five members of the Class of ’51. It featured 18 student case notes and an article by former Dean Louis L. Jaffe titled “Res Ipsa Loquitur Vindicated.” Today the Law Review staff publishes five issues each year, providing a forum for significant scholarship and affording its student editors valuable learning experiences in legal scholarship.

DEAN FRANCIS M. SHEA AND HIS H A R VA R D R E C R U I T S C O M E T O B U F F A L O

E S TA B L I S H M E N T O F T H E M U G E L TA X C O M P E T I T I O N

SUNY Buffalo Law School has a long history of excellence in tax law, and the Albert R. Mugel National Tax Moot Court Competition — named for the longtime Law School professor — was one of the first specialized national moot court competitions. Each year, law students from across the nation come to Buffalo to present their written and oral arguments on cutting-edge federal tax law issues in this prestigious competition, now more than 30 years old and one of the cornerstones of the Law School’s rigorous tax law curriculum.

Shea, the Law School’s fifth dean, served from 1936 to 1939, amid the gathering storm of World War II. Shea hired a contemporary of his from Harvard Law School, Louis L. Jaffe, then added two more Harvard graduates, Mark DeWolfe Howe and David Riesman Jr. Some began calling the school “Little Harvard.”

This nexus of faculty was familiar with the lessons learned from American Legal Realism — which recognized the sharp moral, political and social conflict that undergirded the creation and administration of the legal system — and the New Deal economics of President Franklin D. Roosevelt. The Law School continues that emphasis on understanding law in the context of its sociopolitical environment.

FOUNDING OF THE CLINICAL PROGRAM

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

The James McCormick Mitchell Lecture is the signature lecture at SUNY Buffalo Law School. Endowed in 1950 by a major gift from Lavinia A. Mitchell in memory of her husband, Class of 1897, the lecture has been a forum for showcasing nationally important legal scholars and ideas in the Buffalo legal community.

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The current emphasis on hands-on learning that produces practice-ready attorneys has a long provenance at SUNY Buffalo Law School, and a special place in that history belongs to the school’s clinical program. One of the first education law clinics in the nation found its home at the Law School, to be followed by other innovative clinics that combined practical education and service to the community.

Some of the Law School’s clinics, now numbering more than a dozen, have drawn national and international recognition for their work on, for example, the problem of domestic violence.

LAW AND SOCIETY COMES TO BUFFALO

The Law and Society movement in legal scholarship studies the place of law in social, political, economic and cultural life. Five current or former faculty members have been president of the international Law and Society Association, and three have served as editor in chief of the Law & Society Review. The movement is a key part of the Law School’s focus on interdisciplinary scholarship that incorporates academic expertise beyond black-letter law.

E S TA B L I S H M E N T O F T H E B A L D Y C E N T E R FOR LAW & SOCIAL POLICY

The Baldy Center was created in 1972 with a generous endowment from the estate of Christopher Baldy, a 1910 graduate of the Law School. The Baldy Center is the Law School’s premier vehicle for fostering interdisciplinary scholarship on law, legal institutions and social policy, including research, teaching and curriculum development. More than 150 UB faculty members from numerous departments participate in Baldy Center research, conferences, working groups and publications. The Baldy Center also hosts distinguished scholars from around the world as visitors, speakers and conference participants.

BIRTH OF THE BUFFALO MODEL LAW SCHOOL

There’s a continuous tension among those who study legal education over the pedagogical methods that make the best lawyers. The so-called Buffalo Model — home-grown at the Law School — has emerged as an innovative and highly effective approach. The model, which began to take form in the mid-1970s under the deanship of Thomas E. Headrick, moved the Law School’s curriculum in directions that took advantage of the multidisciplinary ethos of the school and focused on the increasing complexities of law practice.

CRITICAL LEGAL STUDIES COMES TO BUFFALO

Theorists of the Critical Legal Studies movement apply the methods of semiotic deconstruction to law scholarship. The movement emerged in the late 1970s and has spawned offshoots including critical race theory. Buffalo became one of the first centers for CLS scholarship outside of the two law schools with which this important movement in legal thought was associated.

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Contents Isabel Marcus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lynn Mather. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Errol E. Meidinger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tara J. Melish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teresa A. Miller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

James G. Milles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Nils Olsen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jessica Owley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Robert I. Reis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Matthew Steilen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Robert J. Steinfeld . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rick T. Su . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Baldy Postdoctoral Fellows . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Areas of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Dianne Avery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Samantha Barbas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Mark Bartholomew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Anya Bernstein . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Guyora Binder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Michael Boucai . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Irus Braverman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 S. Todd Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Luis E. Chiesa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Kim Diana Connolly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Matthew Dimick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 David M. Engel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Charles Patrick Ewing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Rebecca R. French . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 James A. Gardner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Michael Halberstam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Alfred S. Konefsky. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Stuart G. Lazar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Meredith Kolsky Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Anjana Malhotra . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Susan V. Mangold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5

29 30 31 32 33 34 34 35 36 37 37 38 39 40 40 41 42 43 44 45 46 46 47

Areas of Interest Administrative Law — Bernstein (11), Connolly (18), Meidinger (32), Owley (38) Advertising Law — Bartholomew (11)

Constitutional Law — Boucai (13), Malhotra (28), Mutua, A. (35), O’Rourke (37), Taussig-Rubbo (44)

African-American Legal History — Phillips (39)

Constitutional Structure of Politics — Gardner (23)

American Legal History — Konefsky (24), Steinfeld (42)

Constitution-Making — Mutua, M. (36)

Animal Cruelty Laws — Chiesa (16)

Contracts — Taussig-Rubbo (44)

Animal Studies — Braverman (14)

Corporate Finance —Schlegel (40), Westbrook (45)

Anthropology of Law — French (22), Taussig-Rubbo (44)

Corporate Taxation — Lazar (25)

Asian Legal Cultures — Bernstein (11), Engel (20)

Corporations — Dimick (19), Halberstam (24), Mutua, A. (35), Westbrook (45)

Bankruptcy — Brown (16)

Courts and Public Policy — Mather (30)

Business Law — Brown (16)

Criminal Law — Binder (12), Boucai (13), Chiesa (16), Ewing (21), O’Rourke (37), Taussig-Rubbo (44)

Child Protection Law — Mangold (28)

Criminal Procedure — Chiesa (16), Miller (34), O’Rourke (37)

Civil Litigation — Halberstam (24)

Criminal Punishment Theory — Miller (34)

Civil Procedure — Olsen (37), Steilen (41)

Critical Legal Studies — McCluskey (31)

Civil Rights — McCluskey (31), Mutua, A. (35), Olsen (37)

Critical Race Theory — Mutua, A. (35), Phillips (39)

Class and Economic Inequality — Mutua, A. (35)

Cyberlaw — Bartholomew (11)

Clinical Legal Education — Connolly (18)

Democracy, Law of — Halberstam (24)

Common Law, History of — Steilen (41)

Disability Law — McCluskey (31)

Community Development — Olsen (37)

Dispute Settlement — Lewis (26)

Comparative Law — French (22), Taussig-Rubbo (44)

Domestic Violence — Marcus (29)

Comparative Constitutional Law — Melish (33)

Due Process — Steilen (41)

Comparative Corporate Governance and Civil Procedure — Halberstam (24)

Economic Redevelopment of Rust Belt Cities — Schlegel (40)

Comparative Adjudication Standards — Melish (33)

Economic, Social & Cultural Rights — Melish (33)

Complex Litigation — Steilen (41)

Electronic Discovery — Milles (34)

Conflict of Laws — Phillips (39)

Empirical Legal Studies — Dimick (19)

Constitutional History — Konefsky (24), Steinfeld (42)

Employee Benefit Plans — Wooten (46) 6

Employment Discrimination — Avery (10)

International Environmental Law — Meidinger (32)

Employment Law — Avery (10), Dimick (19), McCluskey (31)

International Human Rights — Malhotra (28), Marcus (29), Melish (33), Mutua, M. (36)

Energy Law — McCluskey (31)

International Law and Globalization — Connolly (18), Meidinger (32), Mutua, M. (36), Westbrook (45)

Environmental Law — Connolly (18), Meidinger (32), Olsen (37), Owley (38) Equality and Access to Justice — Malhotra (28)

International Trade and Environment — Meidinger (32)

Family Law — Boucai (13), Mangold (28), Marcus (29), McCluskey (31)

International Trade Law — Lewis (26)

Federal Indian Law — Owley (38)

International Women’s Human Rights — Marcus (29)

Federal Jurisdiction — Bernstein (11)

Jurisprudence — Binder (12), Chiesa (16)

Federalism — Gardner (23)

Juvenile Law — Mangold (28)

Feminist Legal Theory — McCluskey (31), Mutua, A. (35)

Labor Law — Avery (10), Dimick (19)

Finance — Westbrook (45)

Law and Cognitive Science — Milles (34)

First Amendment — Barbas (10)

Law and Democratic Theory — Gardner (23), Meidinger (32)

Forensic Psychology — Ewing (21)

Law and Digital Media — Milles (34)

Fourteenth Amendment — Mutua, A. (35)

Law and Documentary Studies — Miller (34)

Free Trade Agreements — Lewis (26)

Law and Economics — Dimick (19), Halberstam (24), McCluskey (31)

Gender and Law — Avery (10), Marcus (29), McCluskey (31), Mutua, A. (35)

Law and Geography — Braverman (14)

Government Ethics — McCluskey (31)

Law and Literature — Binder (12)

Human Rights — Marcus (29), Mutua, M. (36)

Law and Religion — French (22), Phillips (39)

Immigration Law — Malhotra (28), Miller (34), Su (43)

Law and Science — Braverman (14), Connolly (18), Reis (40)

Indigenous Peoples’ Law — Meidinger (32)

Law and Sexuality — Boucai (13)

Information Privacy — Milles (34)

Law and Social Science — Braverman (14), Connolly (18), Engel (20), Ewing (21), French (22), Mather (30), Meidinger (32), Reis (40), Taussig-Rubbo (44)

Insurance and the Law — McCluskey (31) Intellectual Property — Bartholomew (11), Reis (40) International Business Transactions/Economic Law — Meidinger (32), Mutua, M. (36)

Law and Society — Bernstein (11), Braverman (14), Engel (20), French (22), Mather (30), Meidinger (32), Taussig-Rubbo (44)

International Economic Law — Lewis (26)

Law and the Sociology of Knowledge — Bernstein (11)

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Law and Technology — Reis (40)

Property — French (22), Meidinger (32), Owley (38), Steinfeld (42)

Legal Education — Connolly (18)

Public International Law — Melish (33), Mutua, M. (36)

Legal Ethics — Mather (30), Milles (34)

Race and the Law — McCluskey (31)

Legal Ethnography — Braverman (14), Engel (20)

Real Estate Transactions — Reis (40)

Legal History — Barbas (10), Bartholomew (11), Boucai (13), Konefsky (24),

Regulation — McCluskey (31)

Steinfeld (42), Wooten (46)

Remedies — Marcus (29)

Legal History of the American Economy — Schlegel (40)

Retirement Policy — Wooten (46)

Legal Profession — Mather (30)

Rights Consciousness — Engel (20)

Legal Theory — Halberstam (24), Meidinger (32), O’Rourke (37)

Science and Technology — Braverman (14)

Legislation — Connolly (18), O’Rourke (37), Owley (38), Wooten (46)

Separation of Powers — Steilen (41)

Local Government — Reis (40), Su (43)

Social and Political Theory — Taussig-Rubbo (44)

Mass Media Law — Barbas (10)

Sociology of Law — Meidinger (32)

Mass Tort — Brown (16)

State Constitutional Law — Gardner (23)

Mental Health Professionals and National Security and Safety — Ewing (21)

State Reconstruction — Mutua, M. (36)

Mindfulness and Law — Phillips (39)

Statutory Interpretation — Mather (30), O’Rourke (37), Owley (38)

Natural Resources Law — Connolly (18), Meidinger (32), Owley (38)

Tax Policy — Lazar (25)

Occupational Safety and Health — McCluskey (31)

Taxation — Lazar (25), Wooten (46)

Online Speech — Milles (34)

Third World Approaches to International Law (TWAIL) — Mutua, M. (36)

Partnership Taxation — Lazar (25)

Torts — Chiesa (16), Engel (20)

Political Economy and Social Theory — Westbrook (45)

Transitional Justice — Mutua, M. (36)

Post-Colonialism — Mutua, M. (36)

Violent Behavior — Ewing (21)

Post-Conflict Societies — Mutua, M. (36)

Welfare Law — McCluskey (31)

Post-Conviction Remedies — Olsen (37)

Women and the Law — Avery (10), Marcus (29), McCluskey (31), Mutua, A. (35)

Presidency, The — Steilen (41)

World Trade Organization Law — Lewis (26)

Prisoner Law — Miller (34) Professional Ethics — Ewing (21) 8

“Throughout American history, employers have imposed employment policies that are expressly based on sex.

Although Title VII of the Civil Rights Act of 1964 promised to eliminate sex discrimination in employment, judicial decisions resolving employee challenges to sex-based dress and grooming codes have produced an incoherent body of law. Consequently, employers are generally free to refuse to hire or to fire employees who are unwilling to conform to these sex-based policies. My current research explores the historical role that gender stereotypes have played in constraining effective legal and market challenges to employer prerogatives in this area.”

Dianne Avery

Samantha Barbas

PROFESSOR

ASSOCIATE PROFESSOR

JD, University at Buffalo Law School MAT, Wesleyan University BA, Duke University

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

(716) 645-2074 lawavery@buffalo.edu

(716) 645-6216 sbarbas@buffalo.edu

AREAS OF INTEREST

AREAS OF INTEREST Employment Discrimination

First Amendment

Employment Law

Legal History

Labor Law

Mass Media Law

Women and the Law

“My work examines the interconnections between law, social history and the history of mass communications.

Drawing on my earlier research in media history, published as Movie Crazy: Fans, Stars, and 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.”

ARTICLES When Caring is Work: Home, Health, and the Invisible Workforce (Introduction), 2012 James McCormick Mitchell Lecture (with Martha T. McCluskey) Buffalo Law Review vol: 61: 253-268 (2013) CHAPTERS The Female Breast as Brand: The Aesthetic Labor of Breastaurant Servers in Invisible Labor (Marion Crain, Miriam Cherry and Winifred Poster, editors) (University of California Press, forthcoming)

BOOKS The Laws of Image (Stanford University Press, forthcoming) ARTICLES The Social Origins of the Personality Torts, Rutgers Law Review (forthcoming 2014) From Privacy to Publicity: The Tort of Appropriation in the Age of Mass Consumption, Buffalo Law Review vol. 61: 1119-1189 (2013) How the Movies Became Speech, Rutgers Law Review vol. 64(3): 665-745 (2012) The Laws of Image, New England Law Review vol. 47: 23-91 (2012) Saving Privacy from History, De Paul Law Review vol. 61: 1-77 (2012) The Sidis Case and the Origins of Modern Privacy Law, Columbia Journal of Law and the Arts vol. 36: 21-77 (2012) Creating the Public Forum, Akron Law Review vol. 44: 809-866 (2011) CHAPTERS Gossip Law in When Private Talk Goes Public: Gossip in United States History (Palgrave Macmillan, forthcoming 2014)

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AREAS OF INTEREST Intellectual Property Cyberlaw Legal History Advertising Law

“I am currently working on a book examining the relationship between law, technology and advertising.

Through a variety of mechanisms, including intellectual property law, privacy law, contract law and the First Amendment, the legal system is struggling to set an appropriate balance between commercial freedom and consumer protection in the midst of a modern marketing revolution. Figuring out where this balance should be set is a difficult project. My approach is to mine psychology, which tells us how consumers think, and history, which tells us how lawmakers approached similar questions in the past, to help assess the costs and benefits of advertising in new forms and new spaces.”

Mark Bartholomew

Anya Bernstein

PROFESSOR

ASSOCIATE PROFESSOR

JD, Yale Law School BA, Cornell University

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

(716) 645-5959

(716) 645-3683

bartholo@buffalo.edu

“Drawing on insights from anthropology and linguistics, my work asks how unacknowledged understandings of society affect legal processes, institutions and outcomes. My research on Taiwan revealed how social understandings and political changes created a vibrant democracy in which the law remained not quite legitimate. Turning to U.S. legal cultures, I have asked how courts mediating between individuals and the executive branch understand governmental structure; and I have shown how administrative assumptions about the value and valence of information about individuals leads to dangerous distortions in government decision making and public policy.

My current work, part of a larger project on legal and cultural understandings of government in our privatizing age, examines how the Supreme Court imagines the free market in an attempt to ascertain where current doctrine draws the line between the public and private spheres.”

ARTICLES Intellectual Property’s Lessons for Information Privacy, Nebraska Law Review vol. 92: 746-798 (2014) An Intersystemic View of Intellectual Property and Free Speech (with John Tehranian) George Washington Law Review vol. 81: 1-91 (2013) Striking a Balance Between Privacy and Online Commerce, Utah Law Review Onlaw 168-173 (2013) Trademark Morality, William & Mary Law Review vol. 55: 85-161 (2013) Causing Infringement (with Patrick McArdle) Vanderbilt Law Review vol. 64: 675-746 (2011) A Right is Born: Celebrity, Property, and Postmodern Lawmaking, Connecticut Law Review vol. 44: 301-368 (2011) CHAPTERS From Debbie Does Dallas to The Hangover: The Changing Landscape of Trademark Law in Tinseltown (with John Tehranian) in Hollywood and the Law (BFI/Palgrave Press, forthcoming 2015)

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anyabern@buffalo.edu

AREAS OF INTEREST Administrative Law Asian Legal Cultures Federal Jurisdiction Law and Society Law and the Sociology of Knowledge

ARTICLES Catch-all Doctrinalism and Judicial Desire, University of Pennsylvania Law Review Online vol. 161: 221-230 (2013) (invited response to Carlos M. Vázquez and Stephen I. Vladeck, State Law, the Westfall Act, and the Nature of the Bivens Question, University of Pennsylvania Law Review vol. 161: 510-583 (2013) The Hidden Costs of Terrorist Watch Lists, Buffalo Law Review vol. 61: 461-535 (2013) Congressional Will and the Role of the Executive in Bivens Actions: What is Special About Special Factors, Indiana Law Review vol. 45: 719-766 (2012) Semiotic Technologies, Temporal Reckoning, and the Portability of Meaning (with Paul Kockelman), Anthropological Theory vol. 12: 320-348 (2012) Introduction: Bureaucracy: Ethnography of the State in Everyday Life (with Elizabeth Mertz) Polar: Political & Legal Anthropology Review vol. 34: 6-10 (2011)

Guyora Binder VICE DEAN FOR RESEARCH AND FACULTY DEVELOPMENT SUNY DISTINGUISHED PROFESSOR UNIVERSITY AT BUFFALO DISTINGUISHED PROFESSOR

JD, Yale Law School AB, Princeton University

(716) 645-2673

“My recent book defends one of the most criticized features of American criminal law, the felony murder doctrine.

I show that, contrary to what lawyers have been taught, the doctrine’s origins are modern, American and legislative rather than medieval, English and judicial; and that its current limits inhered in its original concept. I trace criticisms of the felony murder doctrine to overly cognitive conceptions of criminal culpability and urge that we reconceive culpability as a kind of meaning expressed by acts of wrongdoing. This theory of culpability justifies punishing not only felony murder, but also other crimes of motive such as genocide and terrorism.”

gbinder@buffalo.edu

AREAS OF INTEREST

CHAPTERS

Criminal Law

BOOKS

Foundations of the Legislative Panopticon: Bentham’s Principles of Morals and Legislation in Foundational Texts of Criminal Law (Markus Dubber, editor) (Oxford University Press, 2014)(79-99)

Oxford Introductions to U.S. Law: Criminal Law (Oxford University Press, forthcoming)

Homicide in Handbook of Criminal Law (Markus Dubber and Tatjana Hörnle, editors) (Oxford University Press, 2014)

Criminal Law: Cases and Materials (with John Kaplan and Robert Weisberg) (Wolters-Kluwer, 7th edition, 2012)

Law and Literature in Contemporary Literary and Cultural Theory: The Johns Hopkins Guide (Michael Groden and Martin Kreiswirth, editors) (Johns Hopkins University Press, 2012) (288-294)

Jurisprudence Law and Literature

Criminal Law: Teacher’s Manual (with Robert Weisberg) (Wolters-Kluwer, 7th edition, 2012) Felony Murder (Stanford University Press, 2012) ARTICLES The Authority to Punish International Crimes, University of Toronto Law Journal vol. 63: 278-309 (2013) Making the Best of Felony Murder, Boston University Law Review vol. 91(2): 403-559 (March 2011)

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Michael Boucai ASSOCIATE PROFESSOR

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

(716) 645-1743 mboucai@buffalo.edu

“My research examines various intersections of law and sexuality, from obscenity regulation to same-sex marriage. I’m interested in how the law favors, tolerates or disfavors particular expressions of sexuality and intimacy, and how such treatment relates to moral systems, social arrangements and political ideologies. Often I explore these questions from a historical perspective, as in current projects on Anita Bryant’s pivotal 1977 campaign against gay rights and the 1895 trials of Oscar Wilde.”

AREAS OF INTEREST Criminal Law Family Law Constitutional Law Law and Sexuality Legal History

ARTICLES Glorious Precedents: When Gay Marriage Was Radical, The Yale Journal of Law and the Humanities (forthcoming 2015) Sexual Liberty and Same-Sex Marriage: An Argument from Bisexuality, San Diego Law Review vol. 49(2): 415-486 (2012) Sexual Epistemology and Bisexual Exclusion: A Response to Professor Russell Robinson’s “Masculinity as Prison: Race, Sexual Identity, and Incarceration,” California Law Review Circuit vol. 2: 104-110 (2011) BOOK REVIEWS Journal of Social History vol. 47(4) (forthcoming 2014) (reviewing Vicki Eaklor, Queer America: A People’s History of the United States (2011))

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Young Scholar Recognition The prestigious Harvard/Stanford/ Yale Junior Faculty Forum, which fosters scholarship by young scholars, in 2014 invited Associate Professor Michael Boucaito to present his paper “Glorious Precedents: When Gay Marriage Was Radical.” The paper, which will be published next year in the Yale Journal of Law and the Humanities, builds on Professor Boucai’s investigations into the historical roots of same-sex marriage in the United States, which date to the early 1970s. The article was one of 19 accepted for presentation, of over 400 articles submitted.

“Far from betraying the liberationist politics of post-Stonewall gay activism (as is often claimed of contemporary same-sex marriage activism), these first cases were conceived within that radical ideological framework,” he has written. “They were designed to critique the gendered roles of ‘husband’ and ‘wife,’ promote gay visibility, and publicly affirm the moral equivalence of heterosexuality and homosexuality.”

Recipient of Two Major Fellowships

Irus Braverman

Professor Irus Braverman spent the 2013–14 academic year at Cornell University, with the support of two major fellowship awards.

The awards included a Society for the Humanities fellowship at Cornell, co-sponsored by that university’s Atkinson Center for a Sustainable Future; and a Charles A. Ryskamp Research Fellowship, a prestigious award of the American Council for Learned Societies that is funded by the Andrew W. Mellon Foundation.

SJD, University of Toronto Faculty of Law MA, The Hebrew University of Jerusalem LLB, The Hebrew University of Jerusalem

The year involved research and writing about a current debate in nature conservation: the tension between in situ (on-site, natural conservation) and ex situ (off-site, captive conservation).

Braverman looked at how this division has shaped the practices, models and regulation of the animal conservation movement. This project grew out of her well-received book Zooland (Stanford University Press, 2012), which showed how accredited zoos have come to redefine their mission from primarily one of entertainment to one of care and stewardship.

PROFESSOR

(716) 645-3030

“I first came to realize the importance of the physical environment for legal practices when conducting an ethnographic study of translators in Jerusalem’s criminal court. Since then, my research has focused on the relationship between law and the physical and natural environment. I have explored Israel’s house demolitions in East Jerusalem, the changes that have occurred in checkpoints on the Israeli/Palestinian border, the war over tree landscapes in this region, and the regulation of public washrooms and animals in North American cities. My study of animals has culminated in my recently published Zooland: The Institution of Captivity (IPPY Award Winner). Currently, I am writing about the relationship between captive and wild animal population management.”

irusb@buffalo.edu

AREAS OF INTEREST Law and Geography Legal Ethnography Animal Studies Law and Society Science and Technology Studies

BOOKS Wild Life: The Nature of In Situ and Ex Situ Conservation (Stanford University Press, forthcoming 2015) The Expanding Spaces of Law: A Timely Legal Geography (with Nicholas Blomley, David Delaney and Alexandre (Sandy) Kedar, editors) (Stanford University Press, forthcoming 2014) Zooland: The Institution of Captivity (Stanford University Press, 2012) ARTICLES Rights of Passage: On Doors, Technology, and the Fourth Amendment, Journal of Law, Culture, and the Humanities (forthcoming 2014)

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Conservation without Nature: The Trouble with In Situ versus Ex Situ Conservation, Geoforum vol. 51: 47-57 (2014) Governing the Wild: Databases, Algorithms, and Population Models as Biopolitics, Surveillance & Society vol. 12(1): 15-37 (2014) Animal Frontiers: A Tale of Three Zoos in Israel/Palestine, Cultural Critique vol. 85: 122-162 (2013) Animal Mobilegalities: The Regulation of Animal Movement in the American City, Humanimalia vol. 5(1): 104-135 (2013) Passing the Sniff Test: Police Dogs as Biotechnology, Buffalo Law Review vol. 61: 81-168 (2013) Checkpoint Watch: Reflections on Israel’s Border Administration in the West Bank, Social & Legal Studies vol. 21: 297-320 (2012) A Tale of Two Zoos, Environment and Planning A vol. 44: 2535-2541 (2012) Zooveillance: Foucault Goes to the Zoo, Surveillance & Society vol. 10(2): 119-133 (2012)

Civilized Borders: A Study of Israel’s New Crossing Administration, Antipode: A Radical Journal of Geography vol. 43(2): 264-295 (2011)

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

Hidden in Plain View: Legal Geography from a Visual Perspective, Journal of Law, Culture, and the Humanities vol. 7(2): 173-186 (2011)

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

Looking at Zoos, Cultural Studies vol. 25(6): 809-842 (2011) States of Exemption: The Legal and Animal Geographies of American Zoos, Environment and Planning A vol. 43(7): 1693-1706 (2011) CHAPTERS En-Listing Life: Red is the Color of the Threatened Species List in Critical Animal Geographies (Rosemarie Collard and Kathryn Gillespie, editors) (Routledge/ Earthscan, forthcoming 2015) Mirror, Mirror, On the Wall, Who is the Most Threatened Species of All? On the Thanatopolitics of Endangerment in Economies of Death (Kathryn Gillespie and Patricia Lopez, editors) (Routledge/Earthscan, forthcoming 2015)

Legal Tails: Policing American Cities through Animals in Urban Policing, Securitization, and Regulation (Randy K. Lippert and Kevin Walby, editors) (Routledge, 2013) (130-144) Zootopia: Utopia and Dystopia in the Zoological Garden in Earth Perfect?

Utopia, Nature, and The Garden (Annette Giesecke and Naomi Jacobs, editors) (Black Dog Press, 2012) (242-257)

More-than-Human Legalities in The Wiley Handbook of Law and Society (Patrick Ewick and Austin Sarat, editors) (Wiley Press, 2014) Order and Disorder in the Urban Forest in Urban Forests, Trees, and Green Space: A Political Ecology Perspective (L. Anders Sandberg, Adrina Bardekjian and Sadia Butt, editors) (Routledge/Earthscan, 2014) (132-146) A Study of Animals and Law in the American City in Law’s Idea of Nature (Keith H. Hirokawa, editor) (Cambridge University Press, 2014) Who’s Afraid of Methodology? Advocating a Reflective Turn in Legal Geography in The Expanding Spaces of Law: A Timely Legal Geography (with Nicholas Blomley, David Delaney and Alexandre (Sandy) Kedar, editors) (Stanford University Press, 2014) 15

S. Todd Brown

Luis E. Chiesa

ASSOCIATE PROFESSOR

VICE DEAN FOR ACADEMIC AFFAIRS

DIRECTOR OF THE CENTER FOR THE STUDY OF BUSINESS TRANSACTIONS

PROFESSOR DIRECTOR OF THE BUFFALO CRIMINAL LAW CENTER

JD, Columbia University School of Law BA, Loyola University of New Orleans

(716) 645-6213

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

(716) 645-3152 lechiesa@buffalo.edu

stbrown2@buffalo.edu

“My research lies at the intersection of criminal law, philosophy and comparative law. Drawing from my experience teaching and lecturing about criminal law in the United States, Canada, Latin America, Europe and Asia, my work aims to understand and critique domestic criminal law doctrines by looking at how other countries approach basic concepts of criminal theory.”

AREAS OF INTEREST Bankruptcy Mass Tort and Business Law

ARTICLES Bankruptcy Trusts, Transparency and the Future of Asbestos Compensation, Widener Law Journal vol. 23: 299-375 (2013) (symposium article) How Long is Forever This Time? The Broken Promise of Bankruptcy Trusts, Buffalo Law Review vol. 61: 537-605 (2013) Plaintiff Control and Domination in Multidistrict Mass Torts, Cleveland State Law Review vol. 61: 391-442 (2013)

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

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

Constitutional Gaps in Bankruptcy, American Bankruptcy Institute Law Review vol. 20: 179-235 (2012)

The Evil Waiter Case, University of Miami Law Review (forthcoming 2014) Actmissions, West Virginia Law Review vol. 116 (2014)

Specious Claims and Global Settlements, University of Memphis Law Review vol. 42: 559-628 (2012)

Reassessing Professor Dressler’s Plea for Complicity Reform: Lessons from Civil Law Jurisdictions, New England Journal on Criminal & Civil Confinement 1 vol. 40: 1-19 (2014) (invited submission)

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

Beyond War: Targeted Killings in Law and Morality (with Alexander K.A. Greenawalt) Washington & Lee Law Review vol. 69: 1371-1470 (2012)

General Defenses to Criminal Liability in the United States in Criminal Defenses (Michael Bohlander and Alan Reed, editors) (Ashgate, forthcoming 2014)

Consent is Not a Defense to Battery: A Reply to Professor Bergelson, Ohio State Journal of Criminal Law vol. 9: 195-208 (2011)

Criminal Participation in the United States in Participation in Crime: Domestic and Comparative Perspectives (Michael Bohlander and Alan Reed, editors) (Ashgate, 2013) (469-487)

Punishing Without Free Will, Utah Law Review vol. 4: 1403-1460 (2011) When an Offense is Not an Offense: Rethinking the Supreme Court’s Beyond a Reasonable Doubt Jurisprudence, Creighton Law Review vol. 44: 647-703 (2011) In Spanish Derecho Penal Sustantivo: Término 2010-2011, University of Puerto Rico Law Review vol. 81: 342-372 (2012) CHAPTERS Comparative Criminal Law in Oxford Handbook of Criminal Law (Markus Dubber and Tatjana Hornle, editors) (Oxford University Press, forthcoming 2014)

Substantive Criminal Law: Cases, Comments and Comparative Materials (Carolina Academic Press, 2014) Professor Luis Chiesa’s stewardship of the Buffalo Criminal Law Center, which has hosted several international “conversations” on the intersection between the civil and common law traditions, informs this important new casebook in the subject area.

Edited by Chiesa, each chapter begins with several sections that discuss the applicable law, followed by a separate section that discusses the Model Penal Code’s approach to the topic.

A “Comparative Perspectives” section then encourages students to think about alternative ways of approaching the topic. Each chapter ends with a section titled “Scholarly Debates” that introduces the student to some of the philosophical discussions related to the topic.

Self-Defense and the Psychotic Aggressor (with George P. Fletcher) in Criminal Law Conversations (Paul Robinson, Kim Ferzan and Stephen Garvey, editors) (Oxford University Press, 2010) (365-383) Spanish Criminal Law (with Carlos Gómez Jara-Díez) in The Handbook of Comparative Criminal Law (Kevin Jon Heller, editor) (Stanford University Press, 2010) (488-530) In Spanish ADN y Proceso Penal in Los Estados Unidos: Cinco Problemas (Juan Luis Gómez-Colomer, editor) (Tirant Lo Blanch Publishers, 2014)

The 792-page casebook features a rich variety of comparative materials, including many that have been translated by the author. A teacher’s manual is forthcoming.

La Mignonette in Casos Que Hicieron Doctrina en Derecho Penal (Pablo Sanchez Ostiz, editor) (La Ley Publishers, 2011) (95-109) 17

Kim Diana Connolly VICE DEAN FOR LEGAL SKILLS PROFESSOR DIRECTOR OF CLINICAL LEGAL EDUCATION

LLM, George Washington University Law School JD, Georgetown University Law Center AB, University of North Carolina at Chapel Hill (716) 645-2092 kimconno@buffalo.edu

AREAS OF INTEREST Administrative Law Clinical Legal Education Environmental Law International Law Law and Science Law and Social Science Legal Education Legislation Natural Resources Law

“My substantive research focuses on a number of related areas, including wetlands law and policy as well as other environmental regulatory and related subjects.

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

In all cases I seek to bring serious scholarly study to pressing issues facing people and ecosystems on various levels.”

ARTICLES

CHAPTERS

Towards Engaged Scholarship (with John Nolan, Michelle Bryan Mudd, Michael Burger, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith Hirokawa, Tim Iglesias, Patrick C. McGinley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom and Christopher Serkin) Pace Law Review vol. 33: 821-877 (2014)

Marine Ecosystem Protection in Ocean and Coastal Law (American Bar Association, 2nd edition, forthcoming 2013)

Do Good to Get Barred: The New Empire State Pro Bono Requirement’s Potential Impact on Environmental Law Practitioners, The New York Environmental Lawyer (Spring-Summer 2013) Is It Time for Real Reform? (with Mary Lynch) NYSBA Bar Journal (September 2013) Spinning Sackett: Assessing New and Traditional Media Coverage So Far, National Wetlands Newsletter vol. 34(3): 5-6 (2012) A Decade of Uncertainty: Precon, Leaked Guidance, and Where to Go From Here?, National Wetlands Newsletter vol. 33(3): 5-6 (May-June 2011)

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Climate Change in Wetland Ecosystems: Meeting the Needs and Welfare of the People and the Planet in Climate Change: A Reader (W. Rodgers and M. Robinson-Dorn, editors) (Carolina Academic Press, 2011)(387)

Matthew Dimick ASSOCIATE PROFESSOR

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

(716) 645-7968 mdimick@buffalo.edu

AREAS OF INTEREST Corporations Empirical Legal Studies Employment Law Labor Law Law and Economics

“My research is located at the intersection of the study of labor markets, firms and states, with a view toward analyzing the distributive fairness and allocative efficiency of the laws, policies and institutions that inhabit these domains. The central question I am interested in is, ‘Can distributive equity be achieved without undermining, and perhaps while enhancing, economic efficiency?’”

ARTICLES Productive Unionism, University of California at Irvine Law Review vol. 4 (forthcoming 2014) Compensation, Employment Security, and the Economics of Public Sector Labor Law, University of Toledo Law Review vol. 43: 533-561 (2012) Labor Law, New Governance, and the Ghent System, North Carolina Law Review vol. 90(2): 1-55 (2012)

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David M. Engel SUNY DISTINGUISHED SERVICE PROFESSOR

JD, University of Michigan Law School MA, University of Michigan AB, Harvard University

(716) 645-2514 dmengel@buffalo.edu

“My research across communities and cultures traces the ways in which rights become active, identities are forged, and law is woven into the fabric of day-to-day experiences. One line of work examines the earliest stages of the tort law system, when individuals suffer traumatic physical harms and, in response, turn toward or away from the law.

Another line of work explores legal culture and legal consciousness in Southeast Asia, where dramatic social changes have transformed the role of law in everyday life. I am particularly interested in tracing the historical and religious roots of contemporary perceptions of law in Thailand.”

AREAS OF INTEREST Torts Law and Society Asian Legal Cultures Legal Ethnography Rights Consciousness

BOOKS Why We Don’t Sue: Explaining the Absence of Claims in Injury Cases (forthcoming) ARTICLES Rights as Wrongs: Legality and Sacrality in Thailand, Asian Studies Review (forthcoming 2014) Perception and Decision at the Threshold of Tort Law: Explaining the Infrequency of Claims, DePaul Law Review vol. 62: 293-334 (2013) Vertical and Horizontal Perspectives on Rights Consciousness, Indiana Journal of Global Legal Studies vol. 20: 423-455 (2012) Kanbanyaiphiset ruang lokaphiwat lae nitisamnük (Chiang Mai University Law School Commencement Lecture on Globalization and Legal Consciousness) Raphiphattanasak vol. 2554: 115-127 (2011) (in Thai)

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Uprooted Justice: Transformations of Law and Everyday Life in Northern Thailand, Wisconsin International Law Journal vol. 29: 343-365 (2011) CHAPTERS Religion, Modernity, and Injury in Thailand in Religion in Disputes: Pervasiveness of Religious Normativity in Disputing Processes (Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Martin Ramstedt and Bertram Turner, editors) (Palgrave Macmillan, 2013) (215-230) The Spirits Were Always Watching: Buddhism, Secular Law, and Social Change in Thailand in After Secular Law (Mateo Taussig-Rubbo, Winnifred F. Sullivan and Robert A. Yelle, editors) (Stanford University Press, 2011) (242-260) BOOK REVIEWS Southeast Asia Research vol.19: 648-54 (2011) (reviewing David Streckfuss, Truth on Trial in Thailand: Defamation, Treason, and Lèse-Majesté (2010))

Charles Patrick Ewing S U NY D I S T I NG UI SH ED SER VI C E PROFESSOR

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

(716) 645-2770 cewing@buffalo.edu

AREAS OF INTEREST Criminal Law Forensic Psychology Violent Behavior The Role of Mental Health Professionals in National Security and Safety Professional Ethics

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

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

Despite the shocking statistics on child sexual abuse and exploitation, empirical study of the effectiveness of various remedies is scarce. Professor Charles Ewing’s book demonstrates that enhanced criminal penalties, civil commitment of child sex offenders and restrictions on offenders’ residency are largely ineffective.

Strategies that do work, he says, include teaching children to protect themselves, minimizing private space in schools and juvenile detention facilities and using technology to stop the production and distribution of child pornography.

Justice Perverted: Sex Offender Law, Psychology, and Public Policy (Oxford University Press, 2011) ARTICLES

“Most of my research deals with the use of psychological, psychiatric and other scientific expertise in the resolution of legal conflicts.

Primarily I am interested in the uses and abuses of psychological/ psychiatric expert testimony, which plays a key, and sometimes decisive, role in criminal and civil litigation. I also continue to study the etiology of interpersonal violence, a critical concern in both criminal and civil litigation.”

A New Standard for Research on Juvenile Homicide Offenders and Victims, PsycCRITIQUES vol. 57(15) (2012) CHAPTERS “Above all, do no harm”: The Role of Health and Mental Health Professionals in the Capital Punishment Process (with Steven K. Erickson) in America’s Experiment with Capital Punishment (Carolina Academic Press, 3rd edition, 2013)

“Society has made significant gains in preventing child sexual abuse,” Ewing writes.

“However, if these apparent gains are to be maintained in the years to come, preventive efforts … will need to be carefully examined using both empirical evidence and logical reasoning.”

Legal Contours of Expert Testimony (with Steven Erickson) in Handbook of Psychology (John Wiley & Sons, vol. 11, 2nd edition, 2012)

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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

Buddhism and Law: An Introduction (Cambridge University Press, 2014) Buddhism and Law is the first book-length overview of the influence of Buddhist thought on legal systems worldwide.

Interdisciplinary in nature, the book challenges the idea that Buddhism is an apolitical religion without implications for law. In fact, Professor Rebecca French says, Buddhism provided the architecture for some legal ideologies and secular law codes, and added a new layer of complexity to existing legal systems elsewhere.

“There’s a lot of diversity in how this plays out,” she says. “Many people thought Buddhism was so diverse and so scattered that there wouldn’t be central ideas.

The variety has been interpreted as a lack of centralization, as a lack of coherence and as a lack of true law. I would argue that we just need to start looking. The relationship between Buddhism and law is completely different in different regions.”

“In the course of my investigation of the Tibetan legal system, I discovered a gaping hole in the substantial discipline of Religious Legal Studies — the study of Buddhist legal systems. Incredibly, almost nothing has been written on the legal systems that were influenced by Buddhism, one of the largest world religions with a 2,500-year history and 500 million followers.

My project for the last few years has been to write in this area and to organize a wide array of international scholars to talk, think and write about this exciting new subject matter.”

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

BOOKS Buddhism and Law: An Introduction (with Mark Nathan, editors) (Cambridge University Press, 2014) ARTICLES Buddhism and Natural Law (Symposium on Natural Law) Journal of Comparative Law (forthcoming 2014) CHAPTERS The Sakyadhita Movement: Buddhist Law, Feminism and Nuns in Law, Feminism and Religion (M. Failinger, E. Schiltz and S. Stabile, editors) (Ashgate Press, 2013)

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Gardner a Highly Cited Legal Scholar Law review editors checking cites see the same names pop up again and again. In the field of election law, a new study tallied those citations to identify the 10 faculty from all 200 ABA law schools whose work in election law has the most impact.

Professor James Gardner was named as one of the most highly cited legal scholars working in this area. The ranking, reported by the influential Election Law Blog, shows that other scholars cited Gardner’s work about 320 times in articles published from 2009 to 2013.

“It’s nice to know my work is being recognized and it’s having an impact,” Gardner says. “As academics we can spend a lot of time thinking and writing, but if it falls in the forest and doesn’t make a sound, it’s not accomplishing what we hope it will accomplish.”

James A. Gardner SUNY DISTINGUISHED PROFESSOR BRIDGET AND THOMAS BLACK PROFESSOR DIRECTOR OF THE JAECKLE CENTER FOR LAW, DEMOCRACY AND GOVERNANCE

JD, University of Chicago Law School BA, Yale University (716) 645-3607 jgard@buffalo.edu

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

“Americans have long fretted about the disjunction between our high aspirations for the democratic electoral process and the desultory reality of the modern election campaign. My research examines the role of the law in constituting this disjunction.

I am interested in how the law regulating campaigns operates in its actual institutional setting; how the findings of empirical social science determine what kinds of campaigns the law might feasibly aspire to institutionalize; and how democratic theory addresses the normative desirability of these institutional options.”

BOOKS Election Law in the American Political System (with Guy-Uriel Charles) (Aspen, 2012) New Frontiers of State Constitutional Law: Dual Enforcement of Norms (with J. Rossi, editors) (Oxford University Press, 2011) ARTICLES Partitioning and Rights: The Supreme Court’s Accidental Jurisprudence of Political Representation, Florida State University Law Review vol. 42 (forthcoming 2015) Autonomy and Isomorphism: The Unfulfilled Promise of Structural Autonomy in American State Constitutions, Wayne Law Review vol. 60 (forthcoming 2014) Federalism and Subnational Political Community, Harvard Law Review Forum vol. 127: 153-158 (2014) The Incompatible Treatment of Majorities in Election Law and Deliberative Democracy, Election Law Journal vol. 12: 468-489 (2013)

The Myth of State Autonomy: Federalism, Political Parties, and the National Colonization of State Politics, Journal of Law and Politics vol. 29: 1-68 (2013) Election Law as Applied Democratic Theory, St. Louis University Law Journal vol. 56: 689-699 (2012) How to Do Things with Boundaries: Redistricting and the Construction of Politics, Election Law Journal vol. 11: 399-419 (2012) Anonymity and Democratic Citizenship, William & Mary Bill of Rights Journal vol. 19: 927-957 (2011) Anti-Regulatory Absolutism in the Campaign Speech Arena: Citizens United and the Implied Slippery Slope, Cornell Journal of Law and Public Policy vol. 20: 673-717 (2011) Sustainable Decentralization: Power, Extraconstitutional Influence, and Subnational Symmetry in the United States and Spain (with A. A. i Ninet), American Journal of Comparative Law vol. 59: 491-527 (2011)

CHAPTERS Em busca do constitucionalismo infranacional in Federalismo e Constituição: Estudos Comparados (Antonio Moreira Maués, editor) (Rio De Janeiro: Lumen Juris, 2012) Dual Enforcement of Constitutional Norms (with Jim Rossi) in New Frontiers of State Constitutional Law: Dual Enforcement of Constitutional Norms (with J. Rossi, editors) (Oxford University Press, 2011) BOOK REVIEWS Law and Politics Book Review vol. 24 (4):186-189 (April, 2014) (reviewing Federal Dynamics: Continuity, Change, and the Varieties of Federalism (Arthur Benz and Jörg Broschek, editors) (Oxford, 2013)) Publius: The Journal of Federalism doi: 10.1093/publius/pjt036 (2013) (reviewing Constitutional Dynamics in Federal Systems: Sub-National Perspectives (Michael Burgess and G. Alan Tarr, editors) (McGill-Queen’s University Press, 2012)) Law and Politics Book Review vol. 22(7): 327-332 (July 2012) (reviewing Michael S. Greve, The Upside-Down Constitution (2012))

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AREAS OF INTEREST Civil Litigation Corporations Comparative Corporate Governance and Civil Procedure Law of Democracy Legal Theory Law and Economics

“My research interests are in governance and institutional development in private and public law. My current focus is on how law affects the way in which governments and private organizations make use of knowledge resources and foster innovation.”

Michael Halberstam

Alfred S. Konefsky

ASSOCIATE PROFESSOR

UNIVERSITY AT BUFFALO DISTINGUISHED PROFESSOR

PhD, Yale University JD, Stanford Law School BA, CUNY Brooklyn College

JD, Boston College Law School BA, Columbia University

(716) 645-5130 mhalbers@buffalo.edu

(716) 645-2392 konefsky@buffalo.edu

AREAS OF INTEREST

ARTICLES Beyond Transparency: Rethinking Election Reform from an Open Government Perspective (forthcoming 2015)

American Legal and Constitutional History

“My research interests focus primarily on issues in 19th century American legal history, including the ideology and role of legal professional elites and groups in a democratic culture, the relationship between legal doctrine and its social context, and the borderline between legal history and literary history.”

Business, Lobbying as an Informational Public Good: Can Tax Deductions for Lobbying Expenses Promote Transparency? (with Stuart Lazar) Election Law Journal, vol. 13 (1): 91-116 (2014) Litigation Discovery and Corporate Governance: The Missing Story About “The Genius of American Corporate Law” (with Érica Gorga) Emory Law Journal vol. 63: 1383-1498 (2014) The Party Line: Dimensions of Redistricting (with Daniel P. Tokaji and Paul Gronke), Election Law Journal vol. 11: 355-357 (2012) Process Failure and Transparency Reform in Local Redistricting, Election Law Journal vol. 11: 446-471 (2012) The Myth of “Conquered Provinces”: Probing the Extent of the VRA’s Encroachment on State and Local Autonomy, Hastings Law Journal vol. 62 (4): 923-1002 (2011) VOLUMES Election Law journal: Under the Influence?

Lobbying and Campaign Finance (guest editor) vol. 13 (1) (2014) Election Law Journal: Major Developments in Redistricting (with Paul Gronke and Daniel Tokaji, editors) vol. 11(4): 355-548 (December 2012)

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ARTICLES In This, the Winter of Our Discontent: Legal Practice, Legal Education, and the Culture of Distrust (with Barry Sullivan) Buffalo Law Review vol. 62 (forthcoming 2014) Justice Jackson’s 1946 Nuremberg Reflections at Buffalo: An Introduction (with Tara J. Melish) Buffalo Law Review vol. 60: 255-282 (2012) Piety and Profession: Simon Greenleaf and the Case of the Stillborn Bowdoin Law School, 1850-1861, New England Quarterly vol. 85: 695-734 (2012) CHAPTERS Simon Greenleaf, Boston Elites, and the Social Meaning and Construction of the Charles River Bridge Case in Transformations in American Legal History: Essays in Honor of Morton J. Horwitz, vol. 2 (Alfred Brophy and Daniel Hamilton, editors) (Harvard University Press, 2011) (165-195)

Stuart G. Lazar PROFESSOR

LLM, New York University School of Law JD, University of Michigan Law School AB, University of Michigan

(716) 645-2749 slazar@buffalo.edu

“My research interest has focused on federal tax law. While it might seem like an oxymoron to use the terms ‘tax law’ and ‘interest’ in the same sentence, understanding the ‘whats’ and ‘whys’ of a text longer than the Bible has proved fascinating.

The term ‘tax simplification’ is often discussed in Washington as being a cure for all our economic ills.

However, it is quite clear that our nation’s politicians will never stop using the Internal Revenue Code as a mechanism for instituting social and economic policy. In fact, each change to the tax code made over the last couple of years, while championed as ‘simplification,’ makes it even harder for individuals and businesses to navigate their way through the maze of tax rules and regulations by which they are governed. And no one has reason to believe that additional ‘reforms’ are not just around the corner.”

AREAS OF INTEREST

CHAPTERS

Taxation

Corporate Liquidations in White on New York Business Entities vol. 1 (LexisNexis, forthcoming Fall 2013)

Corporation Taxation Partnership Taxation Tax Policy

BOOKS

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

Mastering Partnership Taxation (Carolina Academic Press, 2013) ARTICLES Business, Lobbying as an Informational Public Good: Can Tax Deductions for Lobbying Expenses Promote Transparency? (with Michael Halberstam) Election Law Journal, vol. 13 (1): 91-116 (2014) Schooling Congress: The Current Landscape of the Tax Treatment of Higher Education Expenses and a Framework for Reform, Michigan State Law Review vol. 2010: 1049-1129 (2011) The Unreasonable Case for a Reasonable Compensation Standard in the Public Company Context: Why It Is Unreasonable to Insist on Reasonableness, Buffalo Law Review vol. 59: 937-1006 (2011)

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Meredith Kolsky Lewis ASSOCIATE PROFESSOR DIRECTOR, CANADA-US LEGAL STUDIES CENTRE

JD, Georgetown University Law Center MS, Georgetown University BA, Northwestern University

(716) 645-1631 mlewis5@buffalo.edu

Trade Agreements at the Crossroads (Routledge, 2013) A primary focus of Associate Professor Meredith Lewis’ legal research is the World Trade Organization, the regulating body for world commerce.

Trade Agreements, edited by Lewis with Susy Frankel, delves into some of the ways business gets done— or doesn’t—in this increasingly important entity.

The book’s opening chapter, which Lewis co-wrote, argues that the WTO’s dispute settlement mechanism has several advantages over the forums established by regional trade agreements, and thus most disputes that arise under these pacts should continue to come before the WTO for resolution.

The book, Lewis says, grew out of a time when “the WTO was in a state of uncertainty, and there was this broader economic uncertainty globally.

The financial crisis directed countries’ focus inward onto their own economies and took away some of their appetite for putting a lot of energy into international negotiations.”

“My research focuses on international trade law, particularly issues relating to the World Trade Organization, free trade agreements, dispute settlement and trade policy.

My scholarship is influenced by my background in international relations and economics. I also have a strong interest in the Asia-Pacific, a result of having lived and worked in New Zealand and Japan. I am currently exploring the implications of plurilateral trade agreements and mega-FTAs such as the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership for the multilateral trading system systemically, and also for developing countries within that system more specifically.”

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

BOOKS Trade Agreements at the Crossroads (with Susy Frankel, editors) (Routledge, 2013) ARTICLES Human Rights Provisions in Free Trade Agreements: Do the Ends Justify the Means? Loyola University Chicago International Law Review (forthcoming Food Miles: Environmental Protection or Disguised Protectionism? (with Andrew Mitchell) Michigan Journal of International Law vol. 35 (forthcoming 2014) Plurilateral Trade Negotiations: Supplanting or Supplementing the Multilateral Trading System? ASIL Insights vol. 17 (17) (2013) (www.asil.org/insights/volume/17/issue/17)

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The TPP and the RCEP (ASEAN + 6) as Potential Paths Toward Deeper Asian Economic Integration, Asian Journal of World Trade Organizations and International Health Law and Policy vol. 8: 359-378 (2013) Dissent as Dialectic: Horizontal and Vertical Disagreement in WTO Dispute Settlement, Stanford Journal of International Law vol. 48(1): 1-45 (2012) Australians Get Their First Taste of New Zealand Apples in Ninety Years, ASIL Insights, vol. 15 (25) (2011) (www.asil.org/insights) The Prisoner’s Dilemma Posed by Free Trade Agreements: Can Open Access Provisions Provide an Escape? Chicago Journal of International Law vol. 11: 631-661 (2011) The Trans-Pacific Partnership: Implications for Developing Countries, Developing World Review on Trade and Competition vol. 114 (2011) The Trans-Pacific Partnership: New Paradigm or Wolf in Sheep’s Clothing? Boston College International & Comparative Law Review vol. 34: 27-52 (2011)

The Australia-New Zealand-ASEAN Free Trade Agreement in Bilateral and Regional Trade Agreements Case Studies (Lorand Bartels, Simon Lester and Bryan Mercurio, editors) (Cambridge University Press, forthcoming 2014)

The Web of Trade Agreements and Alliances and Impacts on Regulatory Autonomy (with Susy Frankel, Chris Nixon and John Yeabsley) in Recalibrating Behaviour: Smarter Regulation in a Global World (Susy Frankel and Deborah Ryder, editors) (LexisNexis, 2013) (17-61)

The Significance of the Trans-Pacific Partnership for the Asia-Pacific in El Acuerdo de Asociación Transpacífico (TPP): Bisagra o Confrontación entre el Atlántico y el Pacífico (National Autonomous University of Mexico, 2014) (95-109)

Achieving a Free Trade Agreement of the Asia-Pacific: Does the TPP Present the Most Attractive Path? in The Trans-Pacific Partnership: A Quest For A TwentyFirst-Century Trade Agreement (C.L. Lim, D. Elms and P. Low, editors) (Cambridge University Press, 2012) (223-241)

What to Do When Disagreement Strikes?

The Complexity of Dispute Settlement under Trade Agreements (with Peter L.H. Van den Bossche) in Trade Agreements at the Crossroads (with Susy Frankel, editors) (Routledge, 2014) (9-25)

Open Accession Provisions in FTAs: A Bridge Between Regionalism and Multilateralism? in Multilateralism and Regionalism in Global Economic Governance: Trade, Investment and Finance (Junji Nakagawa editor) (Routledge, 2011) (82-90)

Development and the TPPA in Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement (Tania Voon, editor) (Edward Elgar, 2013)

The Politics and Indirect Effects of Asymmetrical Bargaining Power in Free Trade Agreements in The Politics of International Economic Law (Tomer Broude, Marc Busch and Ameila Porges, editors) (Cambridge University Press, 2011) (19-39)

CHAPTERS

Trade Agreements and Regulatory Autonomy: The Effect on National Interests (with Susy Frankel) in Learning From the Past, Adapting for the Future: Regulatory Reform in New Zealand (Susy Frankel, editor) (LexisNexis, 2011) (411-444) BOOK REVIEWS World Trade Review vol. 11: 346-348 (2012) (reviewing The Prospects of International Trade Regulation: From Fragmentation to Coherence (Thomas Cottier and Panagiotis Delimatsis, editors) (Cambridge, 2011))

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Anjana Malhotra

Susan V. Mangold

ASSOCIATE PROFESSOR

PROFESSOR

JD, New York University School of Law BA, Duke University

CHAIR, CIVIC ENGAGEMENT & PUBLIC POLICY DIRECTOR, FAMILY LAW CONCENTRATION

JD, Harvard Law School AB, Harvard University (716) 645-3696 anjanama@buffalo.edu

“My research explores immigration law and policy, constitutional law, and international human rights, with a particular focus on substantive theories of equality and access to justice. I link these areas by exploring the manner in which legal doctrine, procedures and institutional arrangements can optimally interact to promote equality and fundamental rights.

In asking these questions, I am particularly interested in how legal institutions, legislation and doctrine both regulate and are affected by larger issues of race, ethnicity, citizenship, social and economic class, and other markers of identity and membership.”

(716) 645-2428 svm@buffalo.edu

“My research continues to focus on child welfare financing laws. My research team is disseminating the results of our two-year study funded by the Public Health Law Research Program of the Robert Wood Johnson Foundation. Our results strongly support flexible financing for local child welfare systems to respond to the complex needs of the children and families they serve. Our findings have been published in the Congressional Record as part of Senate hearings on child welfare funding and are being used as part of larger efforts to address the federal/state/local response to child abuse and neglect. I am now focusing on the broader health impacts of childhood trauma reported by the Center for Disease Control’s Adverse Childhood Experiences Study, and how funding strategies may best help local agencies work with the children in their child welfare system to avoid the long-term health effects of child maltreatment.”

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

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

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AREAS OF INTEREST Children and the Law Family Law

BOOKS Children and the Law (with Abrams and Ramsey)(West Publishing Nutshell series, forthcoming 2014) Children and the Law: Doctrine, Policy and Practice (with Abrams and Ramsey) (West Publishing, 5th edition, 2014) Teacher’s Manual to Children and the Law: Doctrine, Policy and Practice (with Abrams and Ramsey) (West Publishing, 5th edition, 2014)

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

ARTICLES Intimate Partner Violence: The Ripple Effect of Education, Research and Advocacy (with Suzanne Tomkins) Buffalo Journal of Gender Law and Policy vol. 22: i (2013-14) Using Community Based Participatory Research to Study the Relationship between Sources and Types of Funding and Mental Health Outcomes for Children Served by the Child Welfare System in Ohio (with Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Hua He and Kim Kaukeinen) Journal of Law & Policy vol. 21: 113-139 (2012) CHAPTERS Child Welfare Law in Oxford Bibliographies in Childhood Studies (Heather Montgomery, editor) (Oxford University Press, 2013)

Children and the Law: Doctrine, Policy and Practice (West Publishing, 5th Edition, 2014)

“For the past 20 years I have devoted my scholarly, activist and pedagogical attention to human rights issues with particular emphasis on women’s human rights. Much of my lecturing and 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.”

Mangold contributed to this new edition of the popular casebook, which adds cases, materials and problems that reflect recent changes in child advocacy and juvenile justice. The book, which approaches its subject with the tools of interdisciplinary scholarship, emphasizes a practical approach in dealing with such issues as child abuse and neglect, foster care, adoption, status offenses and delinquency.

Chapters also cover children’s rights and obligations, regulatory legislation, financial relationships and medical decision-making. In addition, cases and article excerpts are followed up with notes that orient students and provide background for classroom discussion.

Mangold says, “It’s not just a collection of information. I really hope it will influence the attorneys working in this area for the next generation.”

A comprehensive teacher’s manual accompanies the casebook.

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

ARTICLES Women’s Rights are Human Rights: A Call for Educational Reform in Law Faculties in Post-Socialist States (forthcoming)

Lasting Contribution to Scholarship

Lynn Mather SUNY DISTINGUISHED SERVICE PROFESSOR

Jimmy Carter was still president when SUNY Distinguished Service Professor Lynn Mather’s article “Language, Audience and the Transformation of Disputes” (co-authored with anthropologist Barbara Yngvesson) was published in the journal Law and Society Review (vol. 15, Issue 3-4). That 1980 article was honored this year by the American Political Science Association with the Law and Courts Lasting Contribution Award, given annually for a book or journal article, 10 years old or older, that has made a lasting impression on the field of law and courts. The 47-page article develops an analytic framework for studying the transformation of disputes across a range of social, political and economic settings. By focusing on the language that participants use in negotiating the meaning of a dispute, the article links processes of rephrasing, narrowing and expansion to transformations of the broader normative and political order.

Expansion of disputes, for example, is shown to be a mechanism through which new rules may emerge in the legal process, and through which social change is linked to legal change.

PhD, University of California, Irvine BA, University of California, Los Angeles

(716) 645-5541 lmather@buffalo.edu

AREAS OF INTEREST Law and Society The Legal Profession Legal Ethics Courts and Public Policy Statutory Interpretation

“Legal ethics has traditionally been explored through philosophical arguments, the wording of professional rules or individual cases of lawyer misconduct.

What is missing from these perspectives is attention to the context of lawyers’ work. Through a focus on context and using empirical methods of inquiry, we gain enormous insight into the ethical decision making of lawyers. We can see, as my recent research shows, the importance of economic, social and organizational features of lawyers’ practice for how lawyers perceive and resolve ethical dilemmas in their work.”

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BOOKS Lawyers in Practice: Ethical Decision Making in Context (with Leslie C. Levin, editors) (University of Chicago Press, 2012) ARTICLES Lawyer Fidelity: An Ethical and Empirical Critique, NOMOS vol. LIV: 106-135 (2013) CHAPTERS Client Grievances and Lawyer Conduct: The Challenges of Divorce Practice (with C.A. McEwen) in Lawyers in Practice: Ethical Decision Making in Context (with Leslie C. Levin, editors) (University of Chicago Press, 2012) (63-86) Scientists at Bar: The Professional World of Patent Lawyers (with J.M. Conley) in Lawyers in Practice: Ethical Decision Making in Context (with Leslie C. Levin, editors) (University of Chicago Press, 2012) (245-268) Why Context Matters (with Leslie C. Levin) in Lawyers in Practice: Ethical Decision Making in Context (with Leslie C. Levin, editors) (University of Chicago Press, 2012) (3-24) How and Why Do Lawyers Misbehave? Lawyers, Discipline and Collegial Control in The Paradox of Professionalism: Lawyers and the Possibility of Justice (S.L. Cummings, editor) (Cambridge University Press, 2011) (109-131)

Martha T. McCluskey WILLIAM J. MAGAVERN FACULTY SCHOLAR AND PROFESSOR

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

“My interest is in exploring questions of economic policy and regulation from outside the conventional boundaries of ‘private’ law and neo-classical economics. I am interested in how law and politics shape markets and in how economic policies reflect and reproduce ideas about citizenship and social status. I draw on critical perspectives of legal theory to examine the relationships between questions of economics and questions of race, gender, class, sexuality and disability status. My work challenges the divide between economic and moral or social regulation.”

AREAS OF INTEREST

ARTICLES

CHAPTERS

Law and Economics

Toward a Fundamental Right to Evade Law? Protecting the Rule of Unequal Racial andEconomic Power in Shelby and State Farm, Journal of Race, Gender, and Ethnicity(Symposium) (forthcoming 2014)

Personal Responsibility for Systemic Inequality in Edward Elgar Handbook on Political Economy and the Law (Ugo Mattei and John Haskell, editors) (forthcoming 2015)

Welfare Law Gender and Law Critical Legal Studies Health Law Employment Law Family Law Disability Law Civil Rights Law Race and the Law Insurance and the Law Occupational Safety and Health Government Ethics Regulation Energy Law

How the “Unintended Consequences” Story Promotes Unjust Intent and Impact, Berkeley La Raza Law Journal (LatCrit XV Symposium Issue) vol. 22: 21-51 (2013) When Caring is Work: Home, Health, and the Invisible Workforce (Introduction) (with Dianne Avery) Buffalo Law Review vol. 61: 253-268 (2013) Reforming Insurance to Support Workers’ Rights to Compensation, American Journal of Industrial Medicine vol. 55: 545-559 (2012) How Money for Legal Theory Disadvantages Feminism, The Berkeley Law Journal of Issues in Legal Scholarship vol. 9(2) (The Berkeley Electronic Press, 2011) Taxing Family Work: Aid for Affluent Husband Care, Columbia Journal of Gender and Law vol. 20: 109-219 (2011)

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Errol E. Meidinger MARGARET W. WONG PROFESSOR DIRECTOR OF THE BALDY CENTER FOR LAW AND SOCIAL POLICY HONORARY PROFESSOR, UNIVERSITY OF FREIBURG, GERMANY

PhD, Northwestern University JD, Northwestern University School of Law

MA, Northwestern University BA, University of North Dakota

(716) 645-6692 eemeid@buffalo.edu

“My current research focuses on how non-governmental actors establish and maintain transnational regulatory programs in fields where governments have typically been the main regulators — e.g., environmental protection and food safety. I am studying how effective, fair and democratic nongovernmental programs are, and particularly how competition and cooperation among them affects the overall regulatory 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 non-governmental programs become more important we may also need to revise some of our main assumptions about what counts as law and how law is made and implemented.”

AREAS OF INTEREST Administrative Law Environmental and Natural Resources Law Indigenous Peoples’ Law International Environmental Law

Transnational Business Governance Interactions: Conceptualizing a Terrain (with Kenneth W. Abbott, Julia Black, Burkard Eberlein and Stepan Wood) Regulation and Governance vol. 8(1): 1-21 (2014)

International Trade and Environment

CHAPTERS

Legal Theory

Importing Democracy: Promoting Participatory Decision Making in Russian Forest Communities (with Maria Tysiachniouk) in Environmental Democracy: Facing Uncertainty (C. Claeys & M. Jacqué, editors) (Peter Lang Publishers, London and Brussels, 2012)(121–140)

Property Sociology of Law

BOOKS The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North (with Ezra B.W. Zubrow and Kim Diana Connolly, editors) (SUNY Press, forthcoming 2015) ARTICLES Are Import-State Timber Legality Requirements Catalyzing a New Global Forest Law? Forest Policy and Economics (forthcoming 2014)

Protect, Respect, Remedy and Participate: "New Governance" for the Ruggie Framework (with Tara J. Melish) in Business and Human Rights at a Crossroads: the Legacy of John Ruggie (R. Mares, editor) (Martinus Nijhoff, Leiden and Boston, 2012) (303-336)

The New Roles of Corporations in Global Human Rights Governance, Georgia International Law Journal (forthcoming 2014)

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Tara J. Melish ASSOCIATE PROFESSOR DIRECTOR OF THE BUFFALO HUMAN RIGHTS CENTER

JD, Yale Law School BA, Brown University

(716) 645-2257 tmelish@buffalo.edu

“My current scholarship trains a comparative lens on the types, numbers and use patterns of the institutional spaces recognized by national and sub-national communities for deepening domestic engagement with human rights and human rights treaty norms. A mapping of these institutional spaces, particularly with respect to their quality, quantity and accessibility to disaggregated population groups, provides a more accurate and reliable picture of human rights treaty compliance, I contend, than other measures typically espoused in the empirical literature.

In particular, my work seeks to describe how these spaces are used by distinct groups to set in motion broader processes of participatory engagement to advance dignitary interests.”

AREAS OF INTEREST

CHAPTERS

Public International Law

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

International Human Rights Law Economic, Social and Cultural Rights Comparative Constitutional Law Comparative Adjudication Standards

ARTICLES Implementing Truth and Reconciliation: Comparative Lessons for the Republic of Korea, Buffalo Human Rights Law Review vol. 19: 1-72 (2012) Justice Jackson’s 1946 Nuremberg Reflections at Buffalo: An Introduction (with Alfed S. Konefsky) Buffalo Law Review, vol. 60(2): 255-282 (2012) Truth Commission Impact: A ParticipationBased Implementation Agenda, Buffalo Human Rights Law Review vol. 19 (2012)

The Inter-American Court of Human Rights: Beyond Progressivity in Social Rights Jurisprudence: Emerging Trends in Comparative and International Law (M. Langford, editor) (Cambridge University Press) (Spanish Edition, 2011) Protect, Respect, Remedy and Participate: "New Governance" for the Ruggie Framework (with E. Meidinger) in Business and Human Rights at a Crossroads: The Legacy of John Ruggie (R. Mares, editor) (Martinus Nijhoff, Leiden and Boston, 2011) (1-34)

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Teresa A. Miller

James G. Milles

VICE PROVOST FOR EQUITY & INCLUSION

PROFESSOR

PROFESSOR

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

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

(716) 645-5543 jgmilles@buffalo.edu

(716) 645-2391 tmiller@buffalo.edu

“Although traditionally viewed as distinct from the criminal justice system, the United States immigration system has adopted many of the techniques and objectives associated with crime control within the War on Drugs.

In the wake of the terror attacks of 9/11, the convergence of our civil system of immigration regulation and our failing domestic criminal justice system has intensified. As a scholar, I am committed to documenting the points of convergence between these two systems and underscoring the ironies that cast into doubt the legitimacy of this potent new system of social control.”

“My current scholarship focuses on two distinct but related fields: legal ethics and information privacy. In the field of legal ethics, my approach is informed by research on behavioral ethics and cognitive bias. I seek to better understand why lawyers succumb to ethical failures and how they can be better equipped to make good ethical judgments. In the area of information privacy and surveillance, I draw upon my background as a law librarian and my experience with the social aspects of technology.

In a world where--whether we realize it or not--we all live online, issues of privacy and surveillance are both practically important and intellectually fascinating.”

AREAS OF INTEREST Criminal Punishment Theory Immigration Law Prisoner Law Criminal Procedure Law and Documentary Studies

ARTICLES Bright Lines, Black Bodies: The Florence Strip Search Case and its Dire Repercussions, Akron Law Review vol. 46: 433-472 (2013) Encountering Attica: Documentary Filmmaking as Pedagogical Tool, Journal of Legal Education vol. 62(2): 231-241(2012) Lessons Learned, Lessons Lost: Immigration Enforcement’s Failed Experiment with Penal Severity, Fordham Urban Law Journal vol. 38: 217-246 (2010-11)

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AREAS OF INTEREST Electronic Discovery Information Privacy Law and Cognitive Science Law and Digital Media Legal Ethics Online Speech

ARTICLES Legal Education in Crisis, and Why Law Libraries Are Doomed, Law Library Journal vol. 106 (forthcoming 2014)

Athena D. Mutua FLOYD H. AND HILDA L. HURST FACULTY SCHOLAR AND PROFESSOR

LLM, Harvard Law School MA, American University JD, American University Washington College of Law BA, Earlham College

(716) 645-2873 admutua@buffalo.edu

“My research examines the role of law in upholding and disrupting the socio-historical ordering of the status quo, particularly as it relates to systems of race, gender, sex, sexuality and class. These systems form mutually reinforcing material conditions and ideologies that structure the institutions and policies that govern human interaction, production and access to goods. Exposing how law is used to maintain the unequal distribution of resources is the center of my work. Attempting to develop legal and other approaches that might aid in disrupting these systems provides its challenge and inspiration.�

AREAS OF INTEREST

CHAPTERS

Advanced Constitutional Law: The Fourteenth Amendment

Latino Masculinities in The Encyclopedia of Latino/a Politics, Law and Social Movements (Oxford University Press) (2012)

Civil Rights Law Corporate Law Critical Race Theory Masculinities Studies and Feminist Legal Theory Law, Class and Economic Inequality

ARTICLES Disparities in Judicial Misconduct Cases: Color-Blind Diversity, The American University Journal of Gender, Social Policy and the Law (forthcoming 2014)

In Pursuit of Academic Excellence: Equity Across Diversity (committee authored, Chair) (University at Buffalo, 2012) (www.buffalo.edu/ provost/commission-on-academic-excellenceand-equity.html) The Multidimensional Turn: Revisiting Progressive Black Masculinities in Multidimensional Masculinities and Law: Feminist Theory Meets Critical Race Theory (Frank R. Cooper and Anne McGinley, editors) (New York University Press, 2012) (78-95)

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

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

SJD, Harvard Law School LLM, Harvard Law School LLM, University of Dar-es-Salaam (Tanzania) LLB, University of Dar-es-Salaam (Tanzania) (716) 645-2311 mutua@buffalo.edu

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

Human rights is the medium of choice for this discourse which has become indispensable in post-colonial societies, by far the overwhelming majority of the earth’s inhabitants. How societies resolve the questions I tackle may very well determine the pace at which the chasm between power and powerlessness shrinks or grows.”

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

CHAPTERS A Critique of Rights in Transitional Justice: The African Experience in Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict (G. Aguilar and F. Gomez Isa, editors) (Intersentia, 2011) (31-45) Sexual Orientation and Human Rights: Putting Homophobia on Trial in African Sexualities (S. Tamale, editor) (Pambazuka Press, 2011) (452-462)

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

Anthony O’Rourke

Nils Olsen

ASSOCIATE PROFESSOR

PROFESSOR

JD, Columbia Law School BA, University of Michigan

JD, Columbia University School of Law BA, University of Wisconsin

(716) 645-3097 aorourke@buffalo.edu

(716) 645-3193 nolsen@buffalo.edu

“My research interests remain centered in areas that I have taught both substantively and clinically.

First is the area of federal habeas corpus, alas largely relegated to legal history and threshold defenses today. I remain interested in the differing roles that the concept of prejudice plays in constitutional criminal procedure (from harmless error to an element of substantive constitutional rights) and the relationship between legislative concerns about death penalty post-conviction advocacy and the ultimate evisceration of the writ. In the area of environmental justice, I remain committed to considering issues of rural location and class in governmental facility citing decisions of hazardous and solid waste disposal facilities.”

AREAS OF INTEREST Criminal Law & Procedure Constitutional Law Legislation Statutory Interpretation Legal Theory

ARTICLES The Speedy Trial Right and National Security Detention, Oxford Journal of International Criminal Justice vol. 12 (forthcoming 2014) Windsor Beyond Marriage: Due Process, Equality and Undocumented Immigration, William and Mary Law Review vol. 55: 2171-2225 (2014) Structural Overdelegation in Criminal Procedure, Journal of Criminal Law and Criminology vol. 103(2): 407-474 (Spring 2013) Theorizing American Freedom, Michigan Law Review vol. 110: 1101-1122 (2012) The Political Economy of Criminal Procedure Litigation, Georgia Law Review vol. 44: 721-779 (2011)

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AREAS OF INTEREST Civil Procedure Civil Rights Community Development Environmental Law Post-Conviction Remedies

ARTICLES A Call for Civically Engaged Educational Policy Related Scholarship (with Robert Granfield, Yoshiko Nozaki and Lois Weiss) Comparative and Global Studies in Education vol. 26(5)(2012)

Jessica Owley ASSOCIATE 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 jol@buffalo.edu

“My research centers on 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 law.

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

I have been engaging with individual decisions regarding land use and the emergence of conservation easements as a preferred method of conservation.

Where private agreements regarding land use form the backbone of our conservation strategies, we elevate the role of the private landowner over community needs and desires.”

AREAS OF INTEREST Environmental Law Property Natural Resources Federal Indian Law Legislation and Statutory Interpretation Administrative Law

ARTICLES Cultural Conservation Easements, Heritage & Society vol. 6 (forthcoming 2014) Symbolic Politics for Disempowered Communities: State Environmental Justice Policies (with Tonya Lewis) Brigham Young University Journal of Public Law (forthcoming 2014) Adapting Conservation Easements to Climate Change (with Adena R. Rissman, M. Rebecca Shaw and Barton H. Thompson) Conservation Letters, doi: 10.1111/conl.12099 (2014) Green Siting for Green Energy (with Amy Morris and Emily Capello) Journal of Energy and Environmental Law vol. 5: 17-29 (Spring 2014) Mitigating the Impacts of the Renewable Energy Gold Rush (with Amy Morris) Minnesota Journal of Law, Science and Technology vol. 15: 293-388 (2014)

Towards Engaged Scholarship (with John Nolon, Michelle Bryan Mudd, Michael Burger, Kim Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith Hirokawa, Tim Iglesias, Patrick C. Mc Ginley, Sean Nolon, Uma Outka, Kalyani Robbins, Jonathan Rosenbloom and Christopher Serkin) Pace Law Review vol. 33: 821-877 (2014) From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement, Environmental Law Reporter News and Analysis vol. 43: 10486-10491 (June 2013) The Increasing Privatization of Environmental Permitting, Akron Law Review vol. 46: 1091-1131 (2013) Rethinking Sustainability to Meet the Climate Change Challenge (with Michael Burger, Elizabeth Burleson, Rebecca Bratspies, Robin Kundis Craig, Alexander Harrington, Keith Hirokawa, Sarah Karkoff, Katrina Kuh, Stephen Miller, Patrick Parenteau, Melissa Powers, Shannon Roesler and Jonathan Rosenbloom) Environmental Law Reporter News and Analysis vol. 43: 10342-10357 (May 2013)

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What Exactly are Exactions? New York Environmental Lawyer vol. 33: 30-35 (Spring/Summer 2013) Exacted Conservation Easements: Emerging Concerns with Enforcement, Probate & Property vol. 51 (January/February 2012) Exacting Conservation Easements in California, Environmental Law News vol. 21: 3-9 (Winter 2012) The Future of the Past: Historic Preservation Easements, Zoning Law and Practice Report vol. 35 (10): 1-11 (November 2012) The Future of Private Forests: Conservation Easements in the Forest Legacy Program (with Stephen Tulowiecki) Public Land and Resources Law Review vol. 33: 47-93 (2012) Neoliberal Land Conservation and Social Justice, IUCN Academy of Environmental Law E-Journal vol. 31: 6-17 (2012) Changing Property in a Changing World: A Call for the End of Perpetual Conservation Easements, Stanford Environmental Law Journal vol. 30: 121-173 (2011)

Stephanie L. Phillips PROFESSOR

JD, Harvard Law School BA, University at Buffalo

(716) 645-2201 slp@buffalo.edu

Conservation Easements at the Climate Change Crossroads, Law & Contemporary Problems vol. 74: 199-228 (2011) Distributed Graduate Seminars: An Interdisciplinary Approach to Studying Land (with Adena Rissman) Pace Environmental Law Review Online Companion vol. 2: 88-101 (2011) The Enforceability of Exacted Conservation Easements, Vermont Law Review vol. 36: 261-302 (2011) CHAPTERS Rethinking Sustainable Development to Meet the Climate Change Challenge (with Keith Hirokawa, editor) (co-author of introduction and chapter author) (ELI Press, forthcoming 2014)

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

Property Constructs and Nature’s Challenge to Perpetuity in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith Hirokawa, editor) (Cambridge University Press, forthcoming 2014) Takings in The Year in Review 2011 (ABA Section on Environment, Energy, and Resources, 2012) (343-344) Tribes as Conservation Easement Holders: Is a Partial Property Interest Better than None? in Tribes, Land and the Environment (Ezra Rosser and Sarah Krakoff, editors) (Ashgate Press, 2012) (171-194) Use of Conservation Easements by Local Governments in Greening Local Government (Patricia Salkin and Keith Hirokawa, editors) (ABA Publishing, 2012) (237-255)

Preservation as a Flawed Mitigation Strategy in Beyond Jurisdiction: Wetlands Policy for the Next Generation (Kim Connolly, editor) (SUNY Buffalo Press, forthcoming 2014)

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AREAS OF INTEREST Mindfulness and Law African-American Legal History Conflict of Laws Law and Religion Critical Race Theory

CHAPTERS Teaching African-American Legal History in Teaching Legal History: Comparative Perspectives (R.M. Jarvis, editor) (London: Wildy, Simmonds & Hill Publishing, 2014) (185-188) “Intolerance of Intolerance” in the Unitarian Controversy: The Theology of Baker v. Fales in After Secular Law (Mateo Taussig-Rubbo, Winnifred Fallers Sullivan and Robert A. Yelle, editors) (Stanford University Press, 2011) (101-118)

AREAS OF INTEREST Intellectual Property Law and Technology Law and Science Law and Social Science Real Estate Transactions Local Government

“My primary interests and focus for research involve the implications of technologies that enable the creation, distribution, alteration and communication of content on underlying rights and supportive legal structures. These are exciting and uncertain times, particularly in the movement from an analog to a digital society. This, coupled with globalization, decentralization, the Internet, open sourcing and collaborative venturing, poses significant challenges for sustainable social, legal and economic regimes.”

Robert I. Reis

John Henry Schlegel

PROFESSOR

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

LLM, University of Southern California Gould School of Law JD, New York University School of Law BA, Adelphia University

JD, University of Chicago Law School BA, Northwestern University

(716) 645-2354 reis@buffalo.edu

(716) 645-2746 schlegel@buffalo.edu

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

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 may be a theme here. Most of my earlier work is directed toward recovering pasts that have been pathologically distorted in our presents.”

BOOKS Rights and Remedies-Paradigms of Interpretation, Construction and Enforcement in the Context of Ever Changing Enabling Technologies (forthcoming 2015) ARTICLES Law Schools under Siege: The Challenge to Enhance Knowledge, Creativity and Skill Training, Ohio Northern University Law Review (Symposium Issue: Legal Education) vol. XXXVIII: 855-883 (2011-2012) Progress, Innovation and Technology: A Delicate “Google” Balance, Buffalo Intellectual Property Law Journal vol. 7(2): 1-24 (2012) Smoke and Mirrors: America Invents Act 2011: A Chill in the Air, Akron Intellectual Property Law Journal vol. 6: 301-335 (Summer 2012) Checks, Balances and Judicial Wizardry: Constitutional Delegation and Congressional Legislation, Akron Intellectual Property Law Journal vol. 5: 251-278 (Spring 2011)

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

ARTICLES “The Three Globalizations”: An Essay in Inquiry, Law and Contemporary Problems vol. 77 (forthcoming 2014) Together Again, Comparative Law Review vol. 3: 1-19 (2012)(online) CHAPTERS Critical Legal Studies in Blackwell Companion on American Legal History (A. Trophy and S. Haddon, editors) (Wiley-Blackwell, 2013) (524-542)

Young Scholar Recognition

Matthew Steilen

Associate Professor Matthew Steilen presented his paper “Judicial Review and Non-Enforcement at the Founding” — forthcoming in the University of Pennsylvania Journal of Constitutional Law— at a gathering of the prestigious Harvard/Stanford/Yale Junior Faculty Forum, which invites young scholars to present papers on cutting-edge topics in the law. The article examines the relationship between judicial review and presidents’ assertions that they are justified in declining to enforce unconstitutional laws. “This article shows that there is essentially no historical evidence, from ratification through the first decade under the Constitution, in support of a non-enforcement power,” Professor Steilen has written. “It also shows that the framers repeatedly made statements inconsistent with the supposition that the president could refuse to enforce laws he deemed unconstitutional. In contrast, during this same period the historical record contains hundreds of discussions of judicial review.”

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

ASSOCIATE PROFESSOR

(716) 645-7918 mjsteile@buffalo.edu

“My current research focuses on the common law and the separation of powers.

In particular, my work examines how common law institutions shed light on the interactions of the President and the Supreme Court, as well as the nature of judicial and executive power.”

AREAS OF INTEREST Constitutional Law Separation of Powers The Presidency History of the Common Law Civil Procedure Complex Litigation Due Process

ARTICLES Judicial Review and Non-Enforcement at the Founding, University of Pennsylvania Journal of Constitutional Law vol. 17 (forthcoming 2014) Collaborative Departmentalism, Buffalo Law Review vol. 61: 345-411 (2013) The Democratic Common Law, Journal Jurisprudence vol. 10: 437-491 (2011) BOOK REVIEWS Reason, the Common Law, and the Living Constitution, Legal Theory vol. 17(4): 279-321 (2011) (reviewing David Strauss, The Living Constitution (Oxford University Press, 2010))

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Robert J. Steinfeld JOSEPH W. BELLUCK AND LAURA L. ASWAD PROFESSOR OF CIVIL JUSTICE

PhD, Harvard University LLM, Harvard Law School JD, Boston College Law School AM, Harvard University BA, City College of New York (716) 645-2094 steinfel@buffalo.edu

AREAS OF INTEREST Legal History Constitutional History Property Law

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

BOOKS “To Save the People from Themselves”: The Problem of Popular Sovereignty and the Development of Early American Judicial Review (forthcoming) BOOK REVIEWS The Journal of the Civil War Era vol. 4: 331-333 (June 2014) (reviewing Robert J. Cottrol, The Long, Lingering Shadow: Slavery, Race and Law in the American Hemisphere (University of Georgia Press, 2013))

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Rick T. Su PROFESSOR

JD, Harvard Law School BA, Dartmouth College

(716) 645-5134 ricksu@buffalo.edu

“Immigration has long been viewed as a quintessential national issue. At the same time, it is becoming increasingly apparent that the local dimensions of immigration play a significant role in not only the development of our immigration policies, but also how immigrants are perceived in American society.

My research aims to bridge this divide by exposing the intricate and complex relationship between immigration and local government law. I am currently examining how local government law’s systematic organization of space and community serves, in many instances, as a ‘second order’ regulatory component of our immigration regime, and questioning the manner in which legal doctrines frame our conceptualization of cities in the immigration context.”

AREAS OF INTEREST

BOOK CHAPTERS

Immigration Law

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

Local Government Law

ARTICLES The Promise and Peril of Cities and Immigration Policy, Harvard Law and Policy Review vol. 7: 299-319 (2013) The States of Immigration, William & Mary Law Review vol. 54: 1339-1407 (2013) Locating Keith Aoki: Space, Geography, and Local Government Law, University of California at Davis Law Review vol. 45: 1637-1653 (2012) Urban Politics and the Assimilation of Immigrant Voters,William & Mary Bill of Rights Journal vol. 21: 653-689 (2012) Working on Immigration: Three Models of Labor and Employment Regulations, Washburn Law Journal vol. 51: 311-347 (2012) Police Discretion and Local Immigration Policymaking, University of Missouri-Kansas City Law Review vol. 79: 901-924 (2011) 43

Mateo Taussig-Rubbo PROFESSOR

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

(716) 645-5992 taussig@buffalo.edu

“Interweaving my concerns as a legal scholar with my training in cultural anthropology, my work has focused on a set of legal and theoretical challenges posed by changes in the nature of state sovereignty in an era of privatization 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 United States-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.”

AREAS OF INTEREST

ARTICLES

Anthropology of Law

From the ‘Stranger King’ to the ‘Stranger Constitution’: Domesticating Sovereignty in Kenya, Constellations: An International Journal of Critical and Democratic Theory vol. 19(2): 248-266 (2012)

Constitutional Law Criminal Law Comparative Law Contracts Social and Political Theory

BOOKS Contracting Warfare: Sacrifice, Law and State Violence in Neoliberal Times (Stanford University Press, forthcoming 2015) After Secular Law (with Winnifred Fallers Sullivan and Robert A. Yelle, editors) (Stanford University Press, 2011)

The Value of Valor: Money, Medals and Military Labor, North Dakota Law Review vol. 88 (2): 283-320 (2012) Pirate Trials, the International Criminal Court and Mob Justice: Reflections on Postcolonial Sovereignty in Kenya, Humanity: An International Journal of Human Rights, Humanitarianism and Development vol. 2(1): 51-74 (2011) CHAPTERS Introduction (with Winnifred Fallers Sullivan and Robert A. Yelle) in After Secular Law (with Winnifred Fallers Sullivan and Robert A. Yelle, editors) (Stanford University Press, 2011) (1-19)

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Juicios Piratas, CIJ, y Justicia de Turbas: Formas Postcoloniales de Justicia en Kenia in Inseguridad, Democracia y el Derecho (Buenos Aires: Libraria Ediciones, 2011) (87-119) Sacred Property: Searching for the Value in the Rubble of 9/11 in After Secular Law (with Winnifred Fallers Sullivan and Robert A. Yelle, editors) (Stanford University Press, 2011) (322-340) The Unsacrificable Subject? in Who Deserves to Die? (Austin Sarat and Karl Shoemaker, editors) (University of Massachusetts Press, 2011) (131-150) BOOK REVIEWS The Political Theology of Freedom and Unfreedom, Social Science Research Council Blog, The Immanent Frame (blogs.ssrc.org/tif/political-theology-book-blog) (2011) (reviewing Paul Kahn, Political Theology: Four New Chapters on the Concept of Sovereignty (Columbia University Press, 2011)

David A.Westbrook LOUIS A. DEL COTTO PROFESSOR DIRECTOR FOR GLOBAL STRATEGIC INITIATIVES

JD, Harvard Law School BA, Emory University

(716) 645-2490

“Lately I’ve been concerned with the public character of finance in market societies with dematerialized economies, which I think implies a different imaginary of the activity that regulation addresses. In short, social capitalism in economies of money demands custodial regulation. But what might bring about such an imaginative shift, if the global financial crisis has not sufficed?”

dwestbro@buffalo.edu

AREAS OF INTEREST

CHAPTERS

International Law and Globalization

Leaving Flatland: Planar Discourses and the Search for the G-Axis in Political Affairs: Bridging Markets and Politics (Oxford University Press, forthcoming 2014)

Corporations and Finance Political Economy and Social Theory

ARTICLES Dinner Parties During “Lost Decades”: On the Difficulties of Rethinking Financial Markets, Fostering Elite Consensus, and Renewing Political Economy, Seattle University Law Review vol. 36: 1187-1227 (2013) Neofeudalism, Paraethnography and the Custodial Regulation of Financial Institutions, JASSA: The Finsia Journal of Applied Finance vol. 2: 57-61 (2013)

International Law in Oxford Encyclopedia of Islam and Politics (Emad El-Din Shahin, editor)(Oxford University Press, 2014) The Culture of Financial Institutions; the Institution of Political Economy in Regulating Culture: Integrity, Risk and Accountability in Capital Markets (James O’Brien and George Gilligan, editors) (Hart Publishing, 2013) (3-20)

A Shallow Harbor and a Cold Horizon: The Deceptive Promise of Modern Agency Law for the Theory of the Firm, Seattle University Law Review vol. 35: 1369-1401(2011-12) Angústia, Experança e Disciplina: A Crise Económica como Oportunidade para Portugal, Nova Cidadania vol. 12(45): 16-29 (2011) If Not a Commercial Republic? Political Economy in the United States After Citizens United, University of Louisville Law Review vol. 50: 35-85 (2011)

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James A. Wooten

Our 2014–15 Baldy Postdoctoral Fellows

PROFESSOR

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

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

“My research focuses on employee-benefits law and policy and, especially, the regulatory regime created by the Employee Retirement Income Security Act of 1974. ERISA is a large and complicated statute that governs private-sector pension and welfare plans. ERISA’s sweeping preemption clause has been particularly controversial. I am currently writing a series of articles that explain the political and policy concerns that led lawmakers to include broad preemption language in ERISA.”

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

AREAS OF INTEREST

Yun-Ru Chen

Laura R. Ford

Employee Benefit Plans

SJD, Harvard Law School Research Fellow, Harvard Institute for Global Law and Policy

PhD, Cornell University

Legal History Legislation Retirement Policy

LLM, University of Washington Law School JD, Tulane Law School

Taxation

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

Taking colonial Taiwan (1895–1945) as the vantage point, Chen’s research suggests that it is not necessary that family law should play a reactionary role in developing nationalism in non-Western societies.

Ford’s historical and comparative work traces the emergence and expansion of intellectual property as a new type of legal property rooted distinctively in the modern nation-state.

yunruche@buffalo.edu

laurafor@buffalo.edu

Jesse J. Norris

Natasha Tusikov

PhD, University of Wisconsin-Madison

PhD, Australian National University

JD, University of Wisconsin Law School

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Norris’ scholarship focuses on the governance of legal systems, often drawing on sociological theory or methodology to shed light on contemporary policy problems in the criminal justice system.

Tusikov’s research includes a socio-legal analysis of the transnational private regulation of intellectual property on the Internet, based on fieldwork undertaken in the United States, United Kingdom, Canada and Australia.

jessenor@buffalo.edu

ntusikov@buffalo.edu

Contact Information Dianne Avery

Matthew Dimick

Isabel Marcus

Nils Olsen

Samantha Barbas

David M. Engel

Lynn Mather

Jessica Owley

Mark Bartholomew

Charles Patrick Ewing

Martha T. McCluskey

Stephanie L. Phillips

Anya Bernstein

Rebecca R. French

Errol E. Meidinger

Robert I. Reis

Guyora Binder

James A. Gardner

Tara J. Melish

John Henry Schlegel

Michael Boucai

Michael Halberstam

Teresa A. Miller

Matthew Steilen

Irus Braverman

Alfred S. Konefsky

James G. Milles

Robert J. Steinfeld

S. Todd Brown

Stuart G. Lazar

Athena D. Mutua

Rick T. Su

Makau W. Mutua

Mateo Taussig-Rubbo

Anthony O’Rourke

David A.Westbrook

(716) 645-2074 lawavery@buffalo.edu (716) 645-6216 sbarbas@buffalo.edu

(716) 645-5959 bartholo@buffalo.edu

(716) 645-3683 anyabern@buffalo.edu (716) 645-2673 gbinder@buffalo.edu (716) 645-1743 mboucai@buffalo.edu (716) 645-3030 irusb@buffalo.edu

(716) 645-6213 stbrown2@buffalo.edu

Luis E. Chiesa

(716) 645-3152 lechiesa@buffalo.edu

Kim Diana Connolly (716) 645-2092 kimconno@buffalo.edu

(716) 645-7968 mdimick@buffalo.edu

(716) 645-2108 imarcus@buffalo.edu

(716) 645-5541 lmather@buffalo.edu

(716) 645-2514 dmengel@buffalo.edu

(716) 645-2326 mcclusk@buffalo.edu

(716) 645-2770 cewing@buffalo.edu

(716) 645-2159 rrfrench@buffalo.edu

(716) 645-6692 eemeid@buffalo.edu

(716) 645-2257 tmelish@buffalo.edu

(716) 645-3607 jgard@buffalo.edu

(716) 645-2391 tmiller@buffalo.edu

(716) 645-5130 mhalbers@buffalo.edu (716) 645-2392 konefsky@buffalo.edu

(716) 645-5543 jgmilles@buffalo.edu

(716) 645-2749 slazar@buffalo.edu

(716) 645-2873 admutua@buffalo.edu

Meredith Kolsky Lewis (716) 645-1631 mlewis5@buffalo.edu

(716) 645-2311 mutua@buffalo.edu

Anjana Malhotra

(716) 645-3696 anjanama@buffalo.edu

(716) 645-3097 aorourke@buffalo.edu

Susan V. Mangold

(716) 645-3193 nolsen@buffalo.edu (716) 645-8182 jol@buffalo.edu

(716) 645-2201 slp@buffalo.edu

(716) 645-2354 reis@buffalo.edu

(716) 645-2746 schlegel@buffalo.edu (716) 645-7918 mjsteile@buffalo.edu (716) 645-2094 steinfel@buffalo.edu (716) 645-5134 ricksu@buffalo.edu (716) 645-5992 taussig@buffalo.edu

(716) 645-2490 dwestbro@buffalo.edu

James A. Wooten (716) 645-2318 jwooten@buffalo.edu

(716) 645-2428 svm@buffalo.edu

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