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Faculty Scholarship2014 to 2017

UNIVERSITY AT BUFFALO SCHOOL OF LAW

Message from the Dean

Dear Colleagues,

We are pleased to update you on the scholarship produced by our faculty since 2014. Situated on the flagship campus of a premier, research-intensive public university, University at Buffalo School of Law has long been associated with innovative, interdisciplinary research and critical approaches to the study of law. Many of our faculty members hold doctorates in areas other than law, and the thoughtful scholarship catalogued here reflects this rich and diverse background. We hope you enjoy getting to know their work.

Yours sincerely,

Aviva Abramovsky Dean

law.buffalo.edu/faculty

Contents

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

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

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

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

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

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

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

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

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

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

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

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

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

Charles Patrick Ewing . . . . . . . . . . . . . 18

Lucinda M. Finley. . . . . . . . . . . . . . . . . . 19

Rebecca R. French . . . . . . . . . . . . . . . . .20

James A. Gardner . . . . . . . . . . . . . . . . . . 21

Stuart G. Lazar . . . . . . . . . . . . . . . . . . . . .22

Meredith Kolsky Lewis . . . . . . . . . . . 24

Isabel Marcus . . . . . . . . . . . . . . . . . . . . . .26

Martha T. McCluskey . . . . . . . . . . . . . .27

Errol E. Meidinger . . . . . . . . . . . . . . . . .28

Tara J. Melish . . . . . . . . . . . . . . . . . . . . . .29

James G. Milles . . . . . . . . . . . . . . . . . . . . .30

Athena D. Mutua . . . . . . . . . . . . . . . . . . . 31

Makau W. Mutua . . . . . . . . . . . . . . . . . .32

Anthony O’Rourke . . . . . . . . . . . . . . . . .33

Jessica Owley . . . . . . . . . . . . . . . . . . . . . 34

Stephen J. Paskey . . . . . . . . . . . . . . . . . .36

Stephanie L. Phillips . . . . . . . . . . . . . . .37

John Henry Schlegel . . . . . . . . . . . . . . .38

Matthew Steilen . . . . . . . . . . . . . . . . . . .39

Robert J. Steinfeld . . . . . . . . . . . . . . . . . 40

Rick Su . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Mateo Taussig-Rubbo . . . . . . . . . . . . . 42

David A. Westbrook . . . . . . . . . . . . . . 43

James A. Wooten . . . . . . . . . . . . . . . . . . 44

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

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

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

1

A R E A S O F I N T E R E S TINSURANCE LAW

COMMERCIAL LAW

REGULATION OF FINANCIAL ENTITIES

LEGAL ETHICS

B O O K SUniform Commercial Code, West’s McKinney’s Forms for New York (Thomson Reuters, 2016)

A R T I C L E SJustice for Sale: Contemplations on the “Impartial” Judge in a Citizens United World, Michigan State Law Review vol. 2012 (2): 713-734 (2014)

C H A P T E R SInsurance Online: Regulation and Consumer Protection in a Cyber World in The “Dematerialized” Insurance: Distance Selling and Cyber Risks from an International Perspective (with Peter Kochenburger) (Pierpaolo Marano, Ioannes Rokas, Peter Kochenburger, editors) (Springer, 2016) (117-142)

My research is focused on insurance law with

emphasis on re-insurance. I am particularly interested

in global insurance products and disaster and catastrophe

liability. Insurance is a gatekeeper for all corporate

behavior and as such the industry’s laws and policies are relevant to every aspect

of the world’s economy.”

Aviva AbramovskyD E A N A N D P R O F E S S O RJD, University of Pennsylvania

BA, Cornell University

(716) 645-2052 [email protected]

2

A R E A S O F I N T E R E S TFIRST AMENDMENT

LEGAL HISTORY

MASS MEDIA LAW

B O O K SConfidential (Chicago Review Press, forthcoming 2018)

Newsworthy: The Supreme Court’s Battle Over Privacy and Freedom of the Press (Stanford University Press, 2017)

Laws of Image: Privacy and Publicity in America (Stanford University Press, 2015)

A R T I C L E SRichard Nixon at the Supreme Court, San Diego Law Review (forthcoming, Fall 2017)

The Most Loved, Most Hated Magazine in America: The Rise and Demise of Confidential Magazine, William and Mary Bill of Rights Journal vol. 25: 121-193 (2016)

The Social Origins of the Personality Torts, Rutgers Law Review vol. 67: 393-440 (2015)

When Privacy Almost Won: Time, Inc. v. Hill (1967), University of Pennsylvania Journal of Constitutional Law vol. 18(2): 1-86 (2015)

C H A P T E R SPrivacy and the Right to One’s Image: A Cultural and Legal History in Injury and Injustice: The Cultural Politics of Harm and Redress (Cambridge University Press, forthcoming)

Gossip Law in When Private Talk Goes Public: Gossip in United States History (Kathleen A. Feeley and Jennifer Frost, editors) (Palgrave Macmillan, 2014) (123-138)

Samantha BarbasP R O F E S S O R

JD, Stanford Law School

PhD, University of California at Berkeley

BA, Williams College


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.”

Revisiting a Notorious CaseTIME INC. V. HILL WAS THE FIRST U.S. SUPREME COURT CASE to strike a balance between privacy and free-press rights. Professor Samantha Barbas’ most recent book, Newsworthy (Stanford University Press), looks at the 1967 case, its sensation-al beginnings and the broader cultural movements behind it.

“It was a very interesting clash of worldviews over the credibility of the media and how much of a pass we should give the press to publish freely,” says Barbas, who has written extensively on libel and privacy laws.

The plaintiff was represented by Richard Nixon, and in her research Barbas examined the future president’s voluminous notes, hand-written on yellow legal pads.

Newsworthy won a silver medal in the U.S. History category of the Independent Publisher Book Awards.

3

A R E A S O F I N T E R E S TCIVIL PROCEDURE

ANTITRUST

EVIDENCE

CONSUMER PROTECTION

REMEDIES

A R T I C L E SExorcising the Clergy Privilege, Virginia Law Review (forthcoming, 2017)

The Failed Superiority Experiment, Vanderbilt Law Review vol. 69: 1295-1348 (2016)

Twiqbal in Context, Journal of Legal Education vol. 65: 744-771 (2016)

Redefining Prey and Predator in Class Actions, Brooklyn Law Review vol. 80: 743-806 (2015)

Saving Charitable Settlements, Fordham Law Review vol. 83: 3241-3292 (2015)

Death by Daubert: The Continued Attack on Antitrust, Cardozo Law Review vol. 35: 2147-2198 (2014)

My research is in civil procedure, specifically the

tension between class actions’ enforcement potential and heightened procedural and

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

rules can promote judicial efficiency. On the other hand,

a raft of new procedural hurdles threaten class actions’ potential to regulate corporate

behavior. It is now harder to get into court; harder to

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

such hurdles impact class actions, and then identify

ways to balance efficiency and enforcement goals. Because

rule interpretation is primarily left to the judiciary, my work

analyzes judicial interpretation and decision making.”

Christine P. BartholomewA S S O C I A T E P R O F E S S O RJD, University at California at Davis

BA, San Francisco State University


4

A R E A S O F I N T E R E S TINTELLECTUAL PROPERTY

CYBERLAW

LEGAL HISTORY

ADVERTISING LAW

B O O K SAdcreep: The Case Against Modern Marketing (Stanford University Press, 2017)

A R T I C L E SThe Political Economy of Celebrity Rights, Whittier Law Review (forthcoming 2018)

Intellectual Property’s Lessons for Information Privacy, Nebraska Law Review vol. 92: 746-798 (2014)

C H A P T E R SFrom 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, 2015)

Mark BartholomewP R O F E S S O R

JD, Yale Law School

BA, Cornell University


My recent work examines 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.”

When Marketers Run the WorldIF PIZZA HUT MAKES A DEAL WITH A PUBLIC SCHOOL SYSTEM, your child’s report card might come home with the company’s logo stamped on it. That’s an example of what Professor Mark Bartholomew calls “adcreep” – the insidious intrusion of advertising messages into nearly every corner of the human environment.

In Adcreep: The Case Against Modern Marketing (Stanford University Press), Bartholomew describes how pervasive this phenomenon is. He also details the ways in which marketers are probing the human brain – with the biometric scans, automated online spies and facial recognition technologies – to make their messages more persuasive than ever before.

“The problem,” Bartholomew says, “is that when advertising is everywhere, we start to lose alternative visions of what the good life is and what citizenship means.”

5

A R E A S O F I N T E R E S TADMINISTRATIVE LAW AND COMPARATIVE ADMINISTRATIVE LAW

ADMINISTRATIVE PRACTICE IN DEMOCRACIES

LAW AND SOCIETY

ASIAN LEGAL CULTURES

JURISDICTION & CIVIL PROCEDURE

A R T I C L E SBefore Interpretation, University of Chicago Law Review vol. 84: 567-645 (2017)

Bureaucratic Speech: Language Choice and Democratic Identity in the Taipei Bureaucracy, PoLAR: Political and Legal Anthropology Review vol. 40: 28-51 (2017)

Differentiating Deference, Yale Journal on Regulation vol. 33: 1-53 (2016)

C H A P T E R SThe Songs of Other Birds in Insiders, Outsiders, Injuries, and Law: Revisiting the Oven Bird’s Song (Mary Nell Trautner, editor) (Cambridge University Press, forthcoming 2018)

Agency in State Agencies in Distributed Agency: The Sharing of Intention, Cause, and Accountability (N.J. Enfield and Paul Kockelman, editors) (Oxford University Press, 2017)

B O O K R E V I E W SRegimes of Expertise and the Law, PoLAR Online: Political and Legal Anthropology Review (2016) (Invited review of The Clinic and the Court (Ian Harper, Tobias Kelly, and Akshay Khanna editors) (Cambridge University Press, 2015) and The Role of Social Science in Law (Elizabeth Mertz editor) (Ashgate, 2008))

We sometimes imagine law as moving out from government

into society, where it is changed through its lived reality.

My current research moves in the opposite direction.

I’m interested in how legal meaning is affected by the

understandings, assumptions, and practices of the government

actors who interpret and implement it—particularly judges and administrators.

My recent writing has exposed the infrastructure

of judicial statutory interpretations, helping

us evaluate their implicit claims and assumptions.

Currently, I am researching how administrators in

different democracies give meaning to the laws they

implement. I am interviewing administrators in the United

States and Taiwan (where I did dissertation research), with

plans to expand to Germany.”

Anya BernsteinA S S O C I A T E P R O F E S S O RPhD, University of Chicago

JD, Yale Law School

BA, Columbia College


6

Guyora BinderS U N Y D I S T I N G U I S H E D P R O F E S S O R

U N I V E R S I T Y A T B U F F A L O D I S T I N G U I S H E D P R O F E S S O RH O D G S O N R U S S F A C U L T Y S C H O L A R

V I C E D E A N F O R R E S E A R C H A N D F A C U L T Y D E V E L O P M E N TJD, Yale Law School

AB, Princeton University


My book, The Oxford Introductions to U.S. Law: Criminal Law explains the key concepts and persistent controversies in American criminal law in light of its history. The English common law of crimes enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The story of American criminal law has been the emergence of a utilitarian conception of criminal offending as the imposition of risk or the violation of consent, combined with culpability. Yet to understand contemporary criminal law, we must also remember the model of offending as trespass against sovereignty out of which it emerged.”

A R E A S O F I N T E R E S TCRIMINAL LAW

JURISPRUDENCE

LAW AND LITERATURE

B O O K SCriminal Law, The Oxford Introductions to U.S. Law (Oxford University Press, 2016)

Criminal Law: Cases and Materials (with John Kaplan and Robert Weisberg) (Wolters-Kluwer, 8th edition, 2016)

Criminal Law: Teacher’s Manual (with Robert Weisberg) (Wolters-Kluwer, 8th edition, 2016)

A R T I C L E SUnusual: The Death Penalty for Inadvertent Murder, Indiana Law Journal vol. 93 (forthcoming 2018)

Capital Punishment of Unintentional Felony Murder (with Brenner Fissell and Robert Weisberg) Notre Dame Law Review vol. 92: 1141-1214 (2017)

Penal Incapacitation: A Situationist Critique (with Ben Notterman) American Criminal Law Review vol. 54: 1-56 (2017)

What is Criminal Law About? (with Robert Weisberg) Michigan Law Review vol. 114: 1173-1205 (2016)

Why Law Matters for Our Obligations, Critical Analysis of Law vol. 2: 268-80 (2015)

C H A P T E R SThe Coptown Case: Inviolable Status and Desert in Inherent and Instrumental Values: Excursions in Value Inquiry (G. John M. Abbarno, editor) (University Press of America, 2015) (281-296)

Foundations of the Legislative Panopticon: Bentham’s Principles of Morals and Legislation in Foundational Texts in Modern Criminal Law (Markus Dubber, editor) (Oxford University Press, 2014) (79-101)

Homicide in The Oxford Handbook of Criminal Law (Markus Dubber and Tatjana Hörnle, editors) (Oxford University Press, 2014 ) (702-726)

Reforming Felony MurderIN A SPLIT DECISION, MASSACHUSETTS’ HIGHEST COURT abolished felony murder in that state – and both the majority and the minority cited scholarly writing by Professor Guyora Binder in their rationales.

Previously, Massachusetts imposed first degree murder liability on participants in certain felonies causing death, regardless of their mental state. In Commonwealth v. Timothy Brown, however,

the court drew on Binder’s historical research in holding that the state’s nineteenth century murder statute did not require this. The majority held that henceforth participants in a felony causing death could not be guilty of murder without a mental state of malice. A minority objected, citing Binder’s arguments that some felons who cause death unintentionally deserve severe punishment. The majority responded that Massachusetts defines malice broadly enough to impose murder liability in such cases.

Binder is the author of Felony Murder (Stanford U. Press, 2012) and numerous articles on that topic.

77


FAMILY LAW

CONSTITUTIONAL LAW

LAW AND SEXUALITY

LEGAL HISTORY

A R T I C L E SIs Assisted Procreation an LGBT Right?, Wisconsin Law Review vol. 2016(6): 1065-1125 (2016)

Glorious Precedents: When Gay Marriage Was Radical, The Yale Journal of Law and the Humanities vol. 27(1): 1-82 (2015)

B O O K R E V I E W SCanadian Journal of Law & Society (2016) (reviewing After Legal Equality Family, Sex, Kinship (Robert Leckey, editor) (Routledge, 2015))

Journal of Social History vol. 47(3): 1104-1106 (2014) (reviewing Vicki Eaklor, Queer America: A People’s History of the United States (2011))

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.”

Michael BoucaiA S S O C I A T E P R O F E S S O RMPhil, University of Cambridge

JD, Georgetown University Law Center

BA, Yale University


Young Scholar on the RiseTHE NATIONAL LGBT BAR ASSOCIATION, AN AFFILIATE OF THE AMERICAN BAR ASSOCIATION, HAS NAMED ASSOCIATE PROFESSOR Michael Boucai to its “Best LGBT Lawyers Under 40” list for 2017.

The honor is given to those “who have distinguished themselves in their field and have demonstrated a profound commitment to LGBT equality.” Boucai’s fellow honorees include practicing lawyers, academics, corporate counsel, members of the judiciary and public servants.

A widely published legal historian and scholar, Boucai has written on such subjects as the historical roots of the same-sex marriage movement and assisted procreation for same-sex couples. He also participates in many panel discussions, invited lectures and colloquia on LGBT and other legal topics, and is a sought-after guest in newspaper, radio and television coverage of emerging social issues.

8

A R E A S O F I N T E R E S TANIMAL STUDIES

NATURE CONSERVATION

ISRAEL/PALESTINE

LAW AND GEOGRAPHY

LAW AND GENETICS

LEGAL ETHNOGRAPHY

LAW AND SOCIETY

SCIENCE AND TECHNOLOGY STUDIES

B O O K SCoral Whisperers: Scientists on the Brink (The University of California Press, forthcoming 2018)

Ocean Legalities: The Law and Life of the Sea (Irus Braverman and Elizabeth R. Johnson, editors) (Duke University Press, forthcoming 2018)

Gene Editing, Law, and the Environment: Life Beyond the Human (Irus Braverman, editor) (Routledge, 2017)

Animals, Biopolitics, Law: Lively Legalities (Irus Braverman, editor) (Routledge, 2016)

Wild Life: The Institution of Nature (Stanford University Press, 2015)

The Expanding Spaces of Law: A Timely Legal Geography (with Nicholas Blomley, David Delaney and Alexandre (Sandy) Kedar, editors) (Stanford University Press, 2014)

A R T I C L E SLaw’s Underdog: A Call for Nonhuman Legalities, Annual Review of Law and Social Science (forthcoming 2018)

Renouncing Citizenship as Protest: Reflections by a Jewish Israeli Ethnographer, Critical Inquiry (forthcoming 2018)

“I Save Species One Individual at a Time”: Zoo Veterinarians between Welfare and Conservation, Animals & Society (under review 2017)

Bleached!: Managing Coral Catastrophe, Futures vol. 92: 12-28 (2017)

Anticipating Endangerment: The Biopolitics of Threatened Species Lists, Biosocieties vol. 12: 132-157 (2016)

Biopolarity: Coral Scientists between Hope and Despair, Anthropology Now vol. 8(3): 26-40 (2016)

Captive: Zoometric Operations in Gaza, Public Culture vol. 29(1): 191-215 (2016)

The Pet Keeping Industry in the American City, Squaderno 42: 51-55 (2016)

Rights of Passage: On Doors, Technology, and the Fourth Amendment, Journal of Law, Culture, and the Humanities vol. 12(3): 669-692 (2016)

Irus BravermanP R O F E S S O R A N D W I L L I A M J . M A G A V E R N F A C U L T Y S C H O L A R SJD, University of Toronto

MA, The Hebrew University of Jerusalem

LLB, The Hebrew University of Jerusalem


My research focuses on the relationship between law and

the environment, broadly construed. In Planted Flags:

Trees, Land and Law In Israel/ Palestine (2009),

I explore the war over tree landscapes in this contentious

region. Next, Zooland: The Institution of Captivity

(Independent Publisher Award Winner, 2012) takes

readers behind the zoo to make surprising interconnections

between our understandings of the human and the nonhuman.

Finally, my monograph Wild Life: The Institution of

Nature (2015) explores the relationship between captive

and wild animal population management. I am currently

working on a monograph that explores the challenges

of coral management and regulation, and coediting a

collection on ocean legalities.”

10

Hard Questions on the Genetic FrontierA UB SCHOOL OF LAW CONFERENCE WAS THE GENESIS OF PROFESSOR IRUS BRAVERMAN’S edited volume Gene Editing, Law, And The Environment (Routledge), in which 10 experts from widely varied disciplines wrestle with the legal and ethical questions surrounding genetic modification.

In addition to an introduction, Braverman contributed a major chapter in which she took an ethnographic approach to examining how gene scientists work and the ethical assumptions that underlie that work. “These are things that are not usually spoken about in the scientific community,” she says, and some interviewees hadn’t thought deeply about their own unstated assumptions.

Braverman has also completed a writing fellowship she received from the Rachel Carson Center for Environment and Society, in Munich, Germany.

Conservation and Hunting: Till Death Do They Part? A Legal Ethnography of Deer Management, Journal of Land Use and Environ-mental Law vol. 30(2): 1-57 (2015)

Hyperlegality and Heightened Surveillance: The Case of Threatened Species Lists, Surveillance & Society vol. 13(2): 310-313 (2015)

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)

C H A P T E R SRobotic Life in the Deep Sea: Deploying Killer (and Other) Robots to Make Live in Ocean Legalities (Irus Braverman and Elizabeth R. Johnson, editors) (Duke University Press, forthcoming 2018)

Gene Drives, Nature, and Governance: An Ethnographic Perspective in Gene Editing, Law, and the Environment: Life Beyond the Human (Irus Braverman, editor) (Routledge, forthcoming 2017)

The Life and Law of Corals: Breathing Meditations in Handbook

of Research Methods in Environmental Law (Andreas Philippopoulos-Mihalopoulos and Victoria Brooks, editors) (Edward Elgar Publishing, forthcoming 2017)

Military-to-Wildlife Geographies: Bureaucracies of Cleanup and Conservation in Vieques in Handbook on the Geographies of Regions and Territories (Anssi Paasi, John Harrison, and Martin Jones, editors) (Edward Elgar Publishing, forthcoming 2017)

The Regulatory Life of Threatened Species Lists in Lively Legalities: Animals, Biopolitics, Law (Irus Braverman, editor) (Routledge, 2016) (19-38)

En-Listing Life: Red is the Color of Threatened Species Lists in Critical Animal Geographies (Rosemarie Collard and Kathryn Gillespie, editors) (Routledge/Earthscan, 2015) (184-202)

Is the Puerto Rican Parrot Worth Saving? The Biopolitics of Endangerment and Grievability in Economics of Death (Kathryn Gillespie and Patricia Lopez, editors) (Routledge/Earthscan, 2015) (73-94)

More-than-Human Legalities in The Wiley Handbook of Law and Society (Patrick

Ewick and Austin Sarat, editors) (Wiley Press, 2015) (307-321)

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

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)

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)

11

S. Todd BrownP R O F E S S O RV I C E D E A N F O R A C A D E M I C A F F A I R SD I R E C T O R O F T H E C E N T E R F O R T H E S T U D Y O F B U S I N E S S T R A N S A C T I O N S LLM, Temple University, Beasley School of Law

JD, Columbia University School of Law

BA, Loyola University of New Orleans


A R E A S O F I N T E R E S TBANKRUPTCY

MASS TORT AND BUSINESS LAW

A R T I C L E SConsent, Coercion and Bankruptcy Administration, Journal of Business and Technology Law vol. 11(1): 25-57 (2016)

The Story of Prudential Standing, Hastings Constitutional Law Quarterly vol. 42(1): 95-132 (2014)

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.”

12

A R E A S O F I N T E R E S TANIMAL CRUELTY LAWS

CRIMINAL LAW

CRIMINAL PROCEDURE

TORTS

JURISPRUDENCE

B O O K SSubstantive Criminal Law: Cases, Comments and Comparative Materials (Carolina Academic Press, 2014)

A R T I C L E SSolving the Riddle of Rape by Deception, Yale Law & Policy Review (forthcoming, 2017)

Animal Rights Unraveled: Why Abolitionism Collapses into Welfarism and What it Means for Animal Ethics, Georgetown Environmental Law Review vol. 28: 557-587 (2017)

The Evil Waiter Case, University of Miami Law Review vol. 69: 161-192 (2014)

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

C H A P T E R SComparative Criminal Law in Oxford Handbook of Criminal Law (Oxford University Press, Markus Dubber and Tatjana HÖrnle, editors) (2014) (1089-1114)

General Defences to Criminal Liability in the United States in Criminal Defenses (Ashgate, Michael Bohlander and Alan Reed, editors) (2014) (329-342)

In SpanishADN y Proceso Penal in Los Estados Unidos: Cinco Problemas (Juan Luis Gómez-Colomer, editor) (Tirant Lo Blanch Publishers, 2014)

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.”

Luis E. ChiesaP R O F E S S O R

D I R E C T O R O F T H E B U F F A L O C R I M I N A L L A W C E N T E RJSD, Columbia Law School

LLM, Columbia Law School

JD, University of Puerto Rico Law School

BBA, University of Puerto Rico


13

Kim Diana ConnollyP R O F E S S O RV I C E D E A N F O R E X P E R I E N T I A L A N D S K I L L S E D U C A T I O N D I R E C T O R O F C L I N I C A L L E G A L E D U C A T I O N D I R E C T O R O F T H E A D V O C A C Y I N S T I T U T ELLM, George Washington University Law School

JD, Georgetown University Law Center

AB, University of North Carolina at Chapel Hill


A R E A S O F I N T E R E S TADMINISTRATIVE LAW

CLINICAL LEGAL EDUCATION

ENVIRONMENTAL LAW

INTERNATIONAL LAW

LAW AND SCIENCE

LAW AND SOCIAL SCIENCE

LEGAL EDUCATION

LEGISLATION

NATURAL RESOURCES LAW

B O O K SThe Big Thaw: Policy, Governance and Climate Change in the Circumpolar North (with Errol E. Meidinger and Ezra B.W. Zubrow, editors) (SUNY Press, forthcoming)

Beyond Jurisdiction: Essential Wetlands Law and Policy Questions For Our Time (forthcoming 2017)

C H A P T E R SPrequel Chapter to Federal Jurisdiction Over Wetlands and Other “Waters of the United States,” (American Bar Association, forthcoming)

Marine Protected Areas in Ocean and Coastal Law (American Bar Association, 2nd edition, 2015) (593-626)

Regulation of Coastal Wetlands and Other Waters in the United States in Ocean and Coastal Law and Policy (American Bar Association, 2nd edition, 2015) (127-176)

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

have also 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.”

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A R E A S O F I N T E R E S TINCOME TAX

TAX POLICY

LABOR AND EMPLOYMENT LAW

LAW AND ECONOMICS

A R T I C L E SModels of Other-Regarding Preferences, Inequality and Redistribution (with David Rueda and Daniel Stegmueller) Annual Review of Political Science (forthcoming 2017)

Better than Basic Income? Liberty, Equality, and the Regulation of Working Time, Indiana Law Review vol. 50: 473-515 (2017)

The Altruistic Rich? Inequality and Other-Regarding Preferences for Redistribution (with David Rueda and Daniel Stegmueller) Quarterly Journal of Political Science vol.11(4): 385-439 (2016)

Should the Law Do Anything About Economic Inequality? Cornell Journal of Law and Public Policy vol. 26: 1–69 (2016)

Wage-Setting Institutions and Corporate Governance (with Neel Rao) Journal of Comparative Economics 44(4): 854-883 (2016)

Lords and Order: Credible Rulers and State Failure, Rationality and Society vol. 27(2): 161-194 (2015)

Productive Unionism, University of California at Irvine Law Review vol. 4(2): 679-724 (2014)

B O O K R E V I E W SContemporary Sociology vol. 45(1): 93–95 (2016) (reviewing Kathleen A. Thelen’s Varieties of Liberalization and the New Politics of Social Solidarity (Cambridge University Press, 2014))

My research studies the relationship between law and economic inequality. While we may well condemn inequality as an injustice in itself, it also has many negative side effects: a corrosion of the political process, skewed public policies, and an unstable financial system, to name a few. While the causes of rising income inequality are many and complex, the law undoubtedly plays a role. Traditionally, the economic analysis of law has focused on efficiency—how the law can make society’s economic pie larger. While using many of the same economist-inspired tools, my research uses a more sociologically-inspired set of questions to ask how the law distributes—slices up— the economic pie.”

Matthew DimickP R O F E S S O R

PhD, University of Wisconsin-Madison

JD, Cornell Law School

BA, Brigham Young University


15

David M. EngelS U N Y D I S T I N G U I S H E D S E R V I C E P R O F E S S O RJD, University of Michigan Law School

MA, University of Michigan

AB, Harvard University


A R E A S O F I N T E R E S TTORTS

LAW AND SOCIETY

ASIAN LEGAL CULTURES

LEGAL ETHNOGRAPHY

RIGHTS CONSCIOUSNESS

B O O K SInjury and Injustice: The Cultural Politics of Harm and Redress (Anne Bloom and Michael McCann, editors) (Cambridge University Press, forthcoming)

Le Droit À L’inclusion: Droit Et Identité Dans Les Récits De Vie Des Personnes Handicapées Aux États-Unis, Éditions Ehess (Translation by Yohann Aucante and Thomas Cayet of David M. Engel and Frank W. Munger’s Rights of Inclusion: Law and Identity in the Life Stories of Americans With Disabilities (University of Chicago Press, 2003) (forthcoming))

Insiders, Outsiders, Injuries, and Law in the 21st Century: Revisiting “The Oven Bird’s Song” (Mary Nell Trautner, editor) (Cambridge University Press, forthcoming) (Collection of essays commemorating David M. Engel’s “The Oven Bird’s Song”: Insiders, Outsiders, and Personal Injuries in an American Community, Law and Society Review vol. 18: 551-582 (1984))

The Myth of the Litigious Society: Why We Don’t Sue (University of Chicago Press, 2016)

A R T I C L E SBlood Curse and Belonging in Thailand: Law, Buddhism, and Legal Consciousness, Asian Journal of Law and Society vol. 3: 71-83 (2016)

Perception and Decision at the Threshold of Tort Law: Explaining the Infrequency of Claims (Eighteenth Annual Clifford Symposium on Tort Law and Social Policy) Depaul Law Review vol. 62: 293-334 (2013) (Translated into Japanese and published in Law As Everyday Practice: Sociology of Law on Clinical Knowledge (Hidekazu Nishida and Kenji Yamamoto, editors) (2016))

Keynote Address: Reimagining Law and Society Research in Southeast Asia, Chiang Mai University Law Review (2015)

Rights as Wrongs: Legality and Sacrality in Thailand, Asian Studies Review vol. 39: 38-52 (2015)

State and Personhood in Southeast Asia: The Promise and Potential for Law and Society Research (with Lynette Chua) Asian Journal of Law and Society vol. 2: 211-228 (2015)

My research 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 most cases, refuse to lodge a

claim or even consult a lawyer. I explain this overwhelming

preference for law avoidance by drawing on interdisciplinary

studies of injury and cognition. Another line of work explores

recent transformations in law, culture, and society in

Southeast Asia, with particular attention to Thailand.”

16

C H A P T E R SChairs, Stairs, and Automobiles: The Cultural Construction of Injuries and the Failed Promise of Law in Injury and Injustice: The Cultural Politics of Harm and Redress (Anne Bloom and Michael McCann, editors) (Cambridge University Press, forthcoming)

Looking Backward, Looking Forward: Past and Future Lives of “The Oven Bird’s Song” in Insiders, Outsiders, Injuries, and Law in the 21St Century: Revisiting “The Oven Bird’s Song” (Mary Nell Trautner, editor) (Cambridge University Press, forthcoming)

Honoring a Life’s WorkTHE LAW & SOCIETY ASSOCIATION, THE WORLD’S premier organization for the interdisciplinary study of law, has awarded Professor David Engel its highest honor, the Harry J. Kalven Jr. Prize, in recognition of his long and continuing work in cross-disciplinary legal study.

Engel looks at how the legal system actually works in various societies, including our own – thinking about how custom, social norms and belief structures interact with black-letter law.

He previously served as president of the Law & Society Association, and he has been a thought leader globally, working especially to build an international research network among scholars in the Pacific Rim countries. He is a founding co-editor of the Asian Journal of Law and Society.

“The award is especially meaningful because this is the organization that really helped shape my identity as a scholar,” says Engel, who has taught at the School of Law since 1981.

17


FORENSIC PSYCHOLOGY

VIOLENT BEHAVIOR

MENTAL HEALTH PROFESSIONALS IN NATIONAL SECURITY AND SAFETY

PROFESSIONAL ETHICS

B O O K SPreventing The Sexual Victimization of Children: Legal, Psychological and Public Policy Perspectives (Oxford University Press, 2014)

C H A P T E R S“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, 2014) (613-626)

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.”

Charles Patrick EwingSUNY DISTINGUISHED SERVICE PROFESSOR

PhD, Cornell University

JD, Harvard Law School

BA, Syracuse University


18

Lucinda M. FinleyF R A N K G . R A I C H L E P R O F E S S O R O F T R I A L A N D A P P E L L A T E A D V O C A C Y

JD, Columbia University Law School

BA, Barnard College


A R E A S O F I N T E R E S TTORT LAW AND GENDER ISSUES

FEMINIST LEGAL THEORY

REPRODUCTIVE RIGHTS

EQUAL PROTECTION LAW AND EQUALITY THEORY

FIRST AMENDMENT AND LIMITS ON PROTEST ACTIVITY

B O O K SFeminist Judgments: Torts (Cambridge University Press, forthcoming)

C H A P T E R SGeduldig v. Aiello in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Linda L. Berger, Bridget J. Crawford and Kathryn M. Stanchi, editors) (Cambridge University Press, 2016) (185-207)

My research focuses on the gender-based impact of seemingly neutral tort doctrines. I am studying caps on non-economic damages to demonstrate that caps have a disparate impact on women, the elderly, and children’s death cases. I’m also exploring why non-economic damages are an under-sustained challenge, and why women tend to receive greater proportions of their tort awards in non-economic damages, as well as other important empirical questions about the hidden or unintended consequences of tort reform, including how it will affect lawyers’ case selection and settlement strategies. Better understanding of the actual consequences of legal change on the institutional players and the people who seek access to the civil justice system can lead to sounder and more equitable law reform.”

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A R E A S O F I N T E R E S TANTHROPOLOGY OF LAW

COMPARATIVE LAW

LAW AND RELIGION

PROPERTY LAW AND SOCIAL SCIENCE

BUDDHISM AND LAW

B O O K SBuddhism and Law: An Introduction (with Mark Nathan, editors) (Cambridge University Press, 2014)

A R T I C L E SThe Anthropology of Religion and Law, Religious Studies Review (forthcoming 2018)

How Sophisticated is Buddhist Law?, Editor’s Introduction, Buddhism, Law and Society (forthcoming 2017)

Editor’s Introduction, Buddhism, Law and Society vol. 1: vii-xvii (2016)

What is Buddhist Law? Buffalo Law Review vol. 63: 833- 872 (2015)

Buddhism and Natural Law (Symposium on Natural Law) Journal of Comparative Law vol. 8: 141-157 (2013-14)

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.”

Rebecca R. FrenchP R O F E S S O RPhD, Yale University

LLM, Yale Law School

JD, University of Washington Law School

BA, University of Michigan


20

James A. GardnerS U N Y D I S T I N G U I S H E D P R O F E S S O R

B R I D G E T A N D T H O M A S B L A C K P R O F E S S O R JD, University of Chicago Law School

BA, Yale University


A R E A S O F I N T E R E S TCONSTITUTIONAL STRUCTURE OF POLITICS

LAW AND DEMOCRATIC THEORY

ELECTION LAW

FEDERALISM

STATE CONSTITUTIONAL LAW

B O O K SElection Law in the American Political System (with Guy-Uriel Charles) (Aspen, 2d edition) (2018)

A R T I C L E SActive Judicial Governance, New England Law Review (forthcoming 2018)

Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution, Perspectives on Federalism (forthcoming 2018)

La contienda intergubernamental en sistemas federados, Yearbook of the National Academy of Law (Córdoba, Argentina) (forthcoming 2017)

Claims of Distinctive Identity in Federal Systems: Judicial Policing of the Limits of Subnational Variance (with Antoni Abat iNinet) International Journal of Constitutional Law vol. 14: 378-410 (2016)

Justice Brennan and the Foundations of Human Rights Federalism, Ohio State Law Journal vol. 77: 355-385 (2016)

Practice-Driven Changes to Constitutional Structures of Governance, Arkansas Law Review vol. 68: 335- 369 (2016)

Partitioning and Rights: The Supreme Court’s Accidental Jurisprudence of Political Representation, Florida State University Law Review vol. 42: 61-94 (2015)

Autonomy and Isomorphism: The Unfulfilled Promise of Structural Autonomy in American State Constitutions, Wayne Law Review vol. 60: 31-67 (2014)

Federalism and Subnational Political Community, Harvard Law Review Forum vol. 127: 153-158 (2014)

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.”

21

A R E A S O F I N T E R E S TTAXATION

CORPORATION TAXATION

PARTNERSHIP TAXATION

TAX POLICY

A R T I C L E SBusiness, 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)

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.”

Stuart G. LazarP R O F E S S O RLLM, New York University School of Law

JD, University of Michigan Law School

AB, University of Michigan


22

Meredith Kolsky LewisP R O F E S S O RV I C E D E A N F O R I N T E R N A T I O N A L A N D G R A D U A T E P R O G R A M SD I R E C T O R O F T H E C R O S S - B O R D E R L E G A L S T U D I E S C E N T E R JD, Georgetown University Law Center

MSFS, Georgetown University

BA, Northwestern University


A R E A S O F I N T E R E S TINTERNATIONAL ECONOMIC LAW

INTERNATIONAL TRADE LAW

INTERNATIONAL DISPUTE SETTLEMENT

FREE TRADE AGREEMENTS

WORLD TRADE ORGANIZATION LAW

B O O K SUnderstanding the Trans-Pacific Partnership (Cambridge University Press, forthcoming)

Trade Agreements at the Crossroads (with Susy Frankel, editors) (Routledge, 2014)

A R T I C L E STPP and RCEP: Implications of Mega-FTAs for Global Governance, Social Science Japan vol. 52: 11-13 (2015)

Food Miles: Environmental Protection or Disguised Protectionism? (with Andrew D. Mitchell) Michigan Journal of International Law vol. 35: 579-636 (2014)

Human Rights Provisions in Free Trade Agreements: Do the Ends Justify the Means? Loyola University Chicago International Law Review vol. 12(1): 1-22 (2014)

C H A P T E R SThe Embedded Liberalism Compromise in the Making of the GATT and Uruguay Round Agreements in 20 Years of Domestic Policy Under WTO Law: The Embedded Liberalism Compromise Revisited (Gillian Moon and Lisa Toohey, editors) (Cambridge University Press, forthcoming 2018)

Mega-FTAs and Plurilateral Trade Agreements: Implications for the Asia-Pacific in The Trans-Pacific Partnership: A Paradigm Shift in International Trade Regulation? (Julien Chaisse, Henry Gao and Chang-fa Lo, editors) (Springer 2017, forthcoming)

The TPP as a Potential New Paradigm for Trade Agreements: Implications and Opportunities in El Tlcan Frente a Nuevas Negociaciones Comerciales Regionales: El Tpp Y El Ttip (María Celia Toro Hernández, editor) (forthcoming 2017) (translated into Spanish)

The ASEAN-Australian-New Zealand Free Trade Agreement in Bilateral and Regional Trade Agreements: Case Studies (Lorand Bartels, Simon Lester and Bryan Mercurio, editors) (Cambridge University Press, Second Edition, 2016) (114-132)

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 engaged in several research projects relating to

plurilateral trade agreements and mega-FTAs, including a

monograph for Cambridge University Press on the

Trans-Pacific Partnership.”

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International Political Economy and the Prisoner’s Dilemma: Compliance with International Law in The Political Economy of International Law: A European Perspective (Alberta Fabricotti, editor) (Edward Elgar Publishing, 2016) (178-201)

The United States’ Path to Concluding the Trans-Pacific Partnership: Will TPA + TAA = TPP? in European Yearbook of International Economic Law, vol. 7 (Marc Bungenberg, Christoph Herrmann, Markus Krajewski and Jörg Philipp Terhechte, editors) (Springer, 2016)

When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita (Julien Chaisse and Tsai-Yu Lin, editors) (Oxford University Press 2016) (9-27)

The Significance of the Trans-Pacific Partnership for the Asia-Pacific in El Acuerdo De Asociacion Transpacifico (Tpp): Bisagra o Confrontacion Entre el Atlantico y el Pacifico (Arturo Oropeza García, editor) (National Autonomous University of Mexico, 2014) (95-109)

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)

B O O K R E V I E W SAmerican Journal of International Law (forthcoming 2018) (reviewing A History of Law and Lawyers in the GATT/WTO (Gabrielle Marceau, editor) (Cambridge, UK: Cambridge University Press and the World Trade Organization, 2015))

O T H E RBilateralism in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadaka-vukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2017)

Multilateralism in The Ency-clopedia of International Economic Law (Thomas Cotti-er and Krista Nadakavukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2017)

Plurilateralism in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadaka-vukaren Schefer, editors) (Edward Elgar Publishing, forthcoming 2017)

Voluntary Export Restraints (VERs) and Orderly Marketing Arrange-ments (OMAs) in The Encyclopedia of International Economic Law (Thomas Cottier and Krista Nadaka-vukaren Schefer, editors) (Edward Elgar Publishing forthcoming 2017)

25

Isabel MarcusP R O F E S S O RPhD, University of California, Berkeley

JD, University of California, Berkeley School of Law

MA, University of California, Berkeley

BA, Barnard College


A R E A S O F I N T E R E S TFAMILY LAW

DOMESTIC VIOLENCE

INTERNATIONAL HUMAN RIGHTS

INTERNATIONAL WOMEN’S HUMAN RIGHTS

REMEDIES

A R T I C L E SCompensatory Women’s Rights Legal Education in Eastern Europe: The Women’s Human Rights Training Institute, Human Rights Quarterly vol. 39(3): 539-573 (2017)

Reframing Domestic Violence as Terrorism or Torture, Faculty of Law, NIS vol. 67: 13-24 (2014)

The “Woman Question” in Post-Socialist Legal Education, Human Rights Quarterly vol. 36: 507-568 (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,

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.”

26

A R E A S O F I N T E R E S TLAW AND ECONOMICS

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

HIGHER EDUCATION LAW

FINANCE

A R T I C L E SFollowing the Money in Public Higher Education Foundations, Academe vol. 103(1): 27-31 (Jan./Feb. 2017)

Constitutional Economic Justice: Structural Power for “We the People,” Yale Law & Policy Review vol. 35(1): 271-296 (2016)

Framing Middle Class Insecurity: Tax and the Ideology of Unequal Growth, Fordham Law Review vol. 84: 2699-2720 (2016)

Law and Economics: Contemporary Approaches (Casebook Introduction) (with Frank Pasquale and Jennifer Taub) Yale Law and Policy Review vol. 35: 297-308 (2016)

Facing the Ghost of Cruikshank in Constitutional Law, Journal of Legal Education vol. 65(2): 278-297 (2015)

Toward a Fundamental Right to Evade Law? Protecting the Rule of Power in Shelby County and State Farm, Berkeley Journal of African-American Law & Policy (Symposium) vol. 17(2): 216-229 (2015) and Touro Law Journal of Race, Gender & Ethnicity vol. 7: 216-229 (2015)

C H A P T E R SBig Government Against Social Responsibility: A Vulnerability Critique of Privatization’s Public Priorities in Privatization, Vulner-ability, and Social Responsibility (Martha A. Fineman, Ulrika An-dersson, and Titti Mattsson, editors) (Ashgate/ Routledge, 2017) (24-33)

Personal Responsibility for Systemic Inequality in Edgar Elgar Handbook On Political Economy and the Law (Ugo Mattei and John Haskell, editors) (Edward Elgar, 2016) (227-245)

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.”

Martha T. McCluskeyP R O F E S S O R A N D W I L L I A M J . M A G A V E R N F A C U L T Y S C H O L A R

JSD, Columbia University School of Law

LLM, Columbia University School of Law

JD, Yale Law School

BA, Colby College


27

Errol E. MeidingerM A R G A R E T W . W O N G P R O F E S S O R D I R E C T O R O F T H E B A L D Y C E N T E R F O R L A W A N D S O C I A L P O L I C YH O N O R A R Y P R O F E S S O R , U N I V E R S I T Y O F F R E I B U R G , G E R M A N YPhD, Northwestern University

JD, Northwestern University School of Law

MA, Northwestern University

BA, University of North Dakota


A R E A S O F I N T E R E S TADMINISTRATIVE LAW

ENVIRONMENTAL LAW

INDIGENOUS PEOPLES’ LAW

INTERNATIONAL BUSINESS TRANSACTIONS

INTERNATIONAL ENVIRONMENTAL LAW

INTERNATIONAL TRADE AND ENVIRONMENT

LEGAL THEORY

SOCIOLOGY OF LAW

B O O K STransnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting Up Standards, and Empowering Marginalized Actors (with Stepan Wood, Rebecca Schmidt, Kenneth Abbott and Burkard Eberlein, editors) (Edward Elgar, forthcoming)

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)

A R T I C L E SThe Interactive Dynamics of Transnational Business Governance: A Challenge for Transnational Legal Theory (with Kenneth W. Abbott, Julia Black, Burkard Eberlein and Stepan Wood) Transnational Legal Theory vol. 6: 333-369 (2016)

Transnational Business Governance Interactions: Conceptualization and Framework for Analysis (with Kenneth W. Abbott, Julia Black, Burkard Eberlein and Stepan Wood) Regulation and Governance vol. 8(1): 1-21 (2014)

C H A P T E R SGovernance Interactions in Sustainable Supply Chain Management in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting Up Standards, and Empowering Marginalized Actors (Stepan Wood, Rebecca Schmidt, Kenneth Abbott and Burkard Eberlein, editors) (Edward Elgar, forthcoming)

O T H E REnvironmental Principles in U.S. and Canadian Law (with Daniel A. Spitzer and Charles W. Malcomb) in Encyclopedia of Environmental Law (Edward Elgar, forthcoming)

“My research focuses on how non-governmental

actors interact with each other and with governments

to establish and maintain transnational regulatory programs in fields where

governments have typically been the main regulators — e.g.,

environmental protection, human rights, and food safety. I am studying how effective, fair,

and democratic the emerging governance ecosystems are, and

particularly, how competition and cooperation among the

different regulators affects the overall system. It is important to understand these processes

because the nation states have had great difficulty in

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.”

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A R E A S O F I N T E R E S TPUBLIC INTERNATIONAL LAW

INTERNATIONAL HUMAN RIGHTS LAW

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMPARATIVE CONSTITUTIONAL LAW

COMPARATIVE ADJUDICATION STANDARDS

B O O K SOn Indivisibility and Social Rights Enforcement: Beyond the “Separate But Equal” Paradigm (Pennsylvania University Press, forthcoming 2018)

C H A P T E R SAn Historical Introduction to the Convention in The U.n. Convention on the Rights of Persons With Disabilities: An Article-By-Article Commentary (Ilias Bantekas, Michael Stein and Dimitris Anastasiou, editors) (Oxford University Press, forthcoming 2018)

Putting “Human Rights” Back into the U.N. Guiding Principles on Business and Human Rights: Shifting Frames and Embedding Participation Rights in Business and Human Rights: Beyond the End of the Beginning (Cesar Rodriguez-Garavito, editor) (Cambridge University Press, 2017) (76-96)

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.”

Tara J. MelishP R O F E S S O R

D I R E C T O R O F T H E B U F F A L O H U M A N R I G H T S C E N T E RJD, Yale Law School

BA, Brown University


29

James G. MillesP R O F E S S O RJD, Saint Louis University School of Law

MLIS, University of Texas at Austin

BA, Saint Louis University


A R E A S O F I N T E R E S TLEGAL ETHICS

BEHAVIORAL LEGAL ETHICS

INFORMATION PRIVACY

COMPUTER CRIME

A R T I C L E SLegal Education in Crisis, and Why Law Libraries are Doomed, Law Library Journal vol. 106: 507-520 (2014)

I am interested in identifying factors that contribute to

lawyers’ ethical failures and developing practices that

promote ethical behavior. Ethical failures are not

limited to bad lawyers, or bad people. Situational factors

have enormous influence on compliance with rules and

norms. My current research focuses on client waivers of

conflicts of interest, and how research in cognitive science

illuminates the influences that can prevent consent from

being truly informed.”

30

A R E A S O F I N T E R E S TCONSTITUTIONAL LAW

CIVIL RIGHTS LAW

CORPORATE LAW AND REGULATION

CRITICAL RACE, ECONOMIC, AND FEMINIST LEGAL THEORY

A R T I C L E SFraming Elite Consensus, Ideology and Theory & A ClassCrits Response, Southwestern Law Review vol. 44: 635-667 (2015)

Latcrit Praxis @ XX: Toward Equal Justice in Law, Education and Society (with Tayyab Mahmud and Francisco Valdes) Chicago-Kent Law Review vol. 90: 361-426 (2015)

“Disparity” in Judicial Misconduct Cases: Color-Blind Diversity?, The American University Journal of Gender, Social Policy and the Law vol. 23: 23-105 (2014)

Stuck: Fictions, Failures and Market Talk as Race Talk (Forward to ClassCrits VI Symposium Issue: Stuck in Forward? Debt, Austerity and the Possibilities of the Political) Southwestern Law Review vol. 43: 517-548 (2014)

My work is inspired by much of the activism (both recent and historical) around the pursuit of human dignity, democracy, justice, and prosperity. My scholarship focuses specifically on issues related to racial, economic and gender justice. In it, I seek to map the mechanisms by which law, together with other social structures, works to both hinder and support these justice pursuits.”

Athena D. MutuaP R O F E S S O R A N D F L O Y D H . A N D H I L D A L . H U R S T

F A C U L T Y S C H O L A R LLM, Harvard Law School

MA, American University

JD, American University Washington College of Law

BA, Earlham College


31

Makau W. MutuaS U N Y D I S T I N G U I S H E D P R O F E S S O RF L O Y D H . A N D H I L D A L . H U R S T F A C U L T Y S C H O L A R SJD, Harvard Law School

LLM, Harvard Law School

LLM, University of Dar-es-Salaam (Tanzania)

LLB, University of Dar-es-Salaam (Tanzania)


A R E A S O F I N T E R E S TPUBLIC 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

B O O K SHuman Rights Standards: Hegemony, Law, and Politics (David C. Earnest, editor) (SUNY Press, 2016)

A R T I C L E SAfrica and the Rule of Law, International Journal of Human Rights (Revista Internacional de Direitos Human) vol. 23: 1-6 (2016)

Mazrui and Barkan: A Tribute, Journal of Contemporary African Studies vol. 33: 433-440 (2016)

What is the Future of Transitional Justice?, International Journal of Transitional Justice (Special Issue) 1-9 (2015)

C H A P T E R SAfricans and the ICC: Hypocrisy, Impunity, and Perversion in Africans and the ICC: Perceptions of Justice (Kamari Clarke, Abel Knottnerus, and Eefje de Volder, editors) (Cambridge, 2016) (47-60)

Closing the ‘Impunity Gap’ and the Role of State Support for the ICC in Contemporary Issues Facing the International Criminal Court (Richard H. Steinberg, editor) (Martinus Nijhoff; Lam edition, 2016) (99-111)

Is the Age of Human Rights Over? in The Routledge Companion to Literature and Human Rights (Sophia A. McClennen and Alexandra Schulthesis Moore, editors) (Routledge, 2016) (450-458)

My scholarship has centered on state

legitimacy, postcolonialism, 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.”

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A R E A S O F I N T E R E S TCRIMINAL LAW AND PROCEDURE

CONSTITUTIONAL LAW

LEGISLATION

STATUTORY INTERPRETATION

LEGAL THEORY

A R T I C L E SParallel Enforcement and Agency Interdependence, Maryland Law Review vol. 77 (forthcoming 2018)

Semantic Vagueness and Extrajudicial Constitutional Decisionmaking, William & Mary Bill of Rights Journal vol. 25 (forthcoming 2017)

White Paper of Democratic Criminal Justice (with Joshua Kleinfeld et al.) Northwestern University Law Review vol. 111: 1693-1706 (2017)

Statutory Constraints and Constitutional Decisionmaking, Wisconsin Law Review vol. 2015: 87-152 (2015)

Substantive Due Process for Noncitizens: Lessons from Obergefell, Michigan Law Review First Impressions vol. 114: 9-20 (2015)

The Speedy Trial Right and National Security Detention, Oxford Journal of International Criminal Justice vol. 12: 871-896 (2014)

Windsor Beyond Marriage: Due Process, Equality and Undocumented Immigration, William and Mary Law Review vol. 55: 2171-2225 (2014)

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’RourkeP R O F E S S O R

JD, Columbia Law School

BA, University of Michigan


33

Jessica OwleyP R O F E S S O RPhD, 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


A R E A S O F I N T E R E S TENVIRONMENTAL LAW

PROPERTY LAW

NATURAL RESOURCES LAW

FEDERAL INDIAN LAW

LEGISLATION AND STATUTORY INTERPRETATION

ADMINISTRATIVE LAW

CLIMATE CHANGE

B O O K SRethinking Sustainability to Meet the Climate Change Challenge (with Keith H. Hirokawa, editor) (Environmental Law Institute Press, 2015)

A R T I C L E SExploiting Conservation Lands: Can Hydrofracking Be Consistent with Conservation Easements? (with Collin Doane) Kansas Law Review vol. 66 (forthcoming 2018)

Beyond Zero-Sum Environmentalism (with Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Sarah Krakoff, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Jim Salzman, Inara Scott and David Takacs) Environmental Law Reporter News & Analysis vol. 47: 10328-10351 (2017)

Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs) (with Federico Cheever) Environmental Law Reporter News & Analysis vol. 47: 10655-10660 (2017)

Mineral Estate Conservation Easements: A New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction (with Robert Jackson & James Salzman) Environmental Law Reporter News & Analysis vol. 47: 10112-110120 (2017)

Public Access to Spatial Data on Private-Land Conservation (with Adena R. Rissman, Andrew W. L’Roe, Amy Wilson Morris and Chloe B. Wardropper) Ecology and Society vol. 22(2): 24 (2017)

Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs) (with Federico Cheever) Harvard Environmental Law Review vol. 40: 1-45 (2016)

Trends in Private Land Conservation: Increasing Complexity, Shifting Conservation Purposes and Allowable Private Land Uses (with Adena Rissman) Land Use Policy vol. 51: 76-84 (2016)

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.”

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Adapting Conservation Easements to Climate Change (with Adena R. Rissman, M. Rebecca Shaw and Barton H. Thompson), Conservation Letters vol. 8: 68-76 (2015)

Cultural Heritage Conservation Easements: The Problem of Using Property Law Tools for Heritage Protection, Land Use Policy vol. 49: 177-182 (2015)

From Vacant Lots to Full Pantries: Urban Agriculture Programs and the American City (with Tonya Lewis) University of Detroit Mercy Law Review vol. 91: 233-258 (2015)

Preservation is a Flawed Mitigation Strategy, Ecology Law Currents vol. 42: 1-14 (2015)

A Response to the IPCC Fifth Assessment (with Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Kuh, Stephen Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott and David Takacs), Environmental Law Reporter News & Analysis vol. 45: 10027-10048 (2015)

Symbolic Politics for Disempowered Communities: State Environmental Justice Policies (with Tonya Lewis) Brigham Young University Journal of Public Law vol. 29: 183-240 (2015)

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 Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith H. Hirokawa, Tim Iglesias, Patrick C. McGinley, Sean Nolon, Uma Outka, Kalyani Robbins, Jonathan Rosenbloom and Christopher Serkin), Pace Law Review vol. 33: 821-877 (2014)

C H A P T E R SThe Use of Property Law Tools for Soil Protection in International Yearbook of Soil Law and Policy (Harald Ginzky, Elizabeth Dooley, Irene Hauser, Till Markus and Tianbao Qin, editors) (forthcoming 2018)

Flexible Conservation in Uncertain Times (with David Takacs) in Contemporary Issues in Climate Change Law and Policy: Essays Inspired at the IPCC (Robin Kundis Craig and Stephen R. Miller, editors) (Environmental Law Institute, 2016) (65-104)

Sustainability Thinking for the Climate Change Generation in Rethinking Sustainability to Meet the Climate Change Challenge (with Keith H. Hirokawa, editors) (Environmental Law Institute Press, 2015) (5-21)

Property Constructs and Nature’s Challenge to Perpetuity in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach (Keith H. Hirokawa, editor) (Cambridge University Press, 2014) (64-86)

A Bold New Environmental OptionTHE ENVIRONMENTAL LAW AND POLICY ANNUAL REVIEW, A YEARLY COMPETITION FOR SCHOLARS WRITING IN THIS IMPORTANT SUBJECT area, selected an article co-authored by Professor Jessica Owley as one of just four republished in the Environmental Law Reporter.

Owley’s article, Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs), first published in the Harvard Environmental Law Review, argues that state legislatures should integrate OPCEs into their conservation easement laws. Doing so, she says, would “do for OPCEs what conservation easement statutes have done for conservation easements: transform them into an essential multi-purpose tool for conservation in a changing world.”

Owley’s winning article came about as part of a larger research collaboration about private land conservation and climate change. “I think generally that private land conservation mechanisms are going to be more popular,” she says, as environmentalists and their attorneys adjust to the policies of the current presidential administration.

35

Stephen J. PaskeyL E C T U R E R I N L A W , L E G A L A N A L Y S I S , W R I T I N G A N D R E S E A R C HJD, University of Maryland School of Law

BA, Michigan State University


A R E A S O F I N T E R E S TLAW AND NARRATIVE

LAW AND RHETORIC

REFUGEE AND ASYLUM LAW

A R T I C L E STelling Refugee Stories: Trauma, Credibility, and the Adversarial Adjudication of Claims for Asylum, Santa Clara Law Review vol. 56: 457-530 (2016)

Conveying Titles Clearly: Thoughts on the Fifth Edition of the ALWD Guide to Legal Citation, Journal of Appellate Practice and Process vol. 15: 273-280 (2014)

The Law is Made of Stories: Erasing the False Dichotomy Between Stories and Legal Rules, Legal Communication & Rhetoric: Jalwd vol. 11: 51-84 (2014)

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

rules are ultimately made of words and the relationships

between them. My work focuses on the implications of that

simple fact, using concepts from rhetorical theory, narrative

theory, cognitive linguistics, and other disciplines to

question the conventional understanding of what legal

rules are, how they work, and how lawyers, judges, and juries

reason in real-world cases.”

36

A R E A S O F I N T E R E S TMINDFULNESS AND LAW

AFRICAN-AMERICAN LEGAL HISTORY

CONFLICT OF LAWS

LAW AND RELIGION

CRITICAL RACE THEORY

A R T I C L E SMindfulness in Education: Tools for Effective Conflict Resolution, Journal of the Association of Women in Colleges of Education (Lagos, Nigeria, 2016)

C H A P T E R STeaching African-American Legal History in Teaching Legal History: Comparative Perspectives (R.M. Jarvis, editor) (London: Wildy, Simmonds & Hill Publishing, 2014) (185-188)

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.”

Stephanie L. PhillipsP R O F E S S O R


BA, University at Buffalo


37

John Henry SchlegelU B D I S T I N G U I S H E D P R O F E S S O RF L O Y D H . A N D H I L D A L . H U R S T F A C U L T Y S C H O L A R JD, University of Chicago Law School

BA, Northwestern University


A R E A S O F I N T E R E S TLEGAL HISTORY OF THE AMERICAN ECONOMY

CORPORATE FINANCE

ECONOMIC REDEVELOPMENT OF RUST BELT CITIES

A R T I C L E SOn Absences as Material for Historical Study, Buffalo Law Review vol. 64: 141-59 (2016)

Philosophical Inquiry and Social Practice, Virginia Law Review vol. 101: 1197-1202 (2015)

“The Three Globalizations”: An Essay in Inquiry, Law and Contemporary Problems vol. 78: 19-35 (2015)

C H A P T E R SAnd Absence in Critical History: Positionality in The Oxford Handbook of Historical Legal Research (Chris Tomlins and Markus D. Dubber, editors) (Oxford University Press, forthcoming 2018)

Sez Who?: Critical Legal History without a Privileged Position in The Oxford Handbook of Historical Legal Research (C. Tomlins and M. Dubber, editors) (Oxford University Press, 2018)

The Birth of the Modern Law Professor in Wesley Newcomb Hohfeld (Ted Sichelman, editor) (Yale University Press, forthcoming 2017)

. . . and Law? in Contemporary Legal Thought (Chris Tomlins and Justin Desautels-Stein, editors) (Cambridge University Press, forthcoming 2017)

Legal Realism in International Encyclopedia of the Social and Behavioral Sciences (James D. Wright, editor) (Elsiver, 2015) (772-775)

B O O K R E V I E W SAmerican Historical Review vol. 121: 260-61 (2016) (reviewing Herbert Hovenkamp’s The Opening of American Law: Neoclassical Legal Thought 1870-1970 (Oxford University Press, 2014))

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.”

38

A R E A S O F I N T E R E S TCONSTITUTIONAL HISTORY

CONSTITUTIONAL LAW

LEGAL THEORY

THE COMMON LAW

B O O K SConstitutional Law: Sources and Problems (digital casebook) (ChartaCourse, 2017)

A R T I C L E SThe Josiah Philips Attainder and the Institutional Structure of the American Revolution, Howard Law Journal vol. 60 (forthcoming 2017)

Bills of Attainder, HOUSTON LAW REVIEW vol. 53: 767-908 (2016)

Due Process as Choice of Law, William and Mary Bill of Rights Journal vol. 24: 1047–1106 (2016)

On the Place of Judge-Made Law in a Government of Laws, Critical Analysis of Law vol. 3: 243–260 (2016)

Judicial Review and Non-Enforcement at the Founding, University of Pennsylvania Journal of Constitutional Law vol. 17: 479-568 (2014)

I study the history and development of Anglo-American legal institutions. In England, my primary interest is the King’s Parliament. In America, it is popular assemblies and courts of law.”

Matthew SteilenP R O F E S S O R

JD, Stanford Law School

PhD, Northwestern University

BA, Carleton College


39

Robert J. SteinfeldJ O S E P H W . B E L L U C K A N D L A U R A L . A S W A D P R O F E S S O R O F C I V I L J U S T I C EPhD, Harvard UniversityLLM, Harvard Law SchoolJD, Boston College Law SchoolAM, Harvard UniversityBA, City College of New York


A R E A S O F I N T E R E S TLEGAL HISTORY

CONSTITUTIONAL HISTORY

PROPERTY LAW

B O O K S“To Save the People From Themselves”: The Problem of Popular Sovereignty and the Development of Early American Judicial Review (forthcoming)

A R T I C L E SThe Rejection of Horizontal Judicial Review During America’s Colonial Period, Critical Analysis of Law vol. 2(1): 214-233 (2015)

B O O K R E V I E W SThe Journal of the Civil War Era, vol. 4(2): 331-333 (2014) (reviewing Robert J. Cottrol’s The Long, Lingering Shadow: Slavery, Race, and Law in the American Hemisphere, (University of Georgia Press, 2012))

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.”

40

A R E A S O F I N T E R E S TIMMIGRATION LAW

LOCAL GOVERNMENT LAW

A R T I C L E SHave Cities Abandoned Home Rule?, Fordham Urban Law Journal vol. 44: 181-217 (2017)

Intrastate Federalism, University of Pennsylvania Journal of Constitutional Law vol. 19: 191-270 (2016)

C H A P T E R SThe Role of States in the National Conversation on Immigration in Strange Neighbors: The Role of States in Immigration Policy (Carissa Hessick and Gabriel Chen, editors) (New York University Press, 2014) (198-228)

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.”

Rick SuP R O F E S S O R


BA, Dartmouth College


41

Mateo Taussig-RubboP R O F E S S O RPhD, University of Chicago

JD, Yale Law School

MPhil, Cambridge University

BA, University of Chicago


A R E A S O F I N T E R E S TANTHROPOLOGY OF LAW

CONSTITUTIONAL LAW

CRIMINAL LAW

COMPARATIVE LAW

CONTRACTS

SOCIAL AND POLITICAL THEORY

B O O K SContracting Warfare: Sacrifice, Law and State Violence in Neoliberal Times (Stanford University Press, forthcoming 2017)

A R T I C L E SAppraising 9/11: Sacred Value and Heritage in Neoliberal Times, University of Pennsylvania Journal of Constitutional Law vol. 18(4): 1179-1230 (2016)

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 U.S.-focused work, and especially

my work on the military, I examine what happens when the logic of market exchange

collides with sectors of our society organized around

such ideas as service, honor and sacrifice. In more recent

work in East Africa, I examine the way that sovereignty is

defined through relationships with external actors.”

42

A R E A S O F I N T E R E S TINTERNATIONAL LAW AND GLOBALIZATION

CORPORATE FINANCE

POLITICAL ECONOMY AND SOCIAL THEORY

A R T I C L E SUnicorns, Guardians, and the Concentration of the U.S. Equity Markets (Amy Deen Westbrook & David A. Westbrook) Nebraska Law Review vol. 96 (3) (forthcoming)

The Paradigm Sways: Macroeconomics Turns to History, International Finance vol. 20 (forthcoming 2017)

Prolegomenon to a Defense of the City of Gold, Real World Economics Review (Special issue: “Trumponomics: Causes and Consequences”) Issue 78: 141-147 (March 2017) (Republished as a book chapter in Trumponomics: Causes and Consequences (Edward Fullbrook and Jamie Morgan, editors) (College Publications, 2017))

Governing International Finance after the Global Financial Crisis: Three Views of the Terrain, International Finance vol. 19 (2): 230-243 (2016)

Magical Contracts, Numinous Capitalism in Anthropology Today vol. 32(6): 13-17 (December 2016)

Who Are Our Allies? Who Are Our Customers?, World Economics Association Newsletter vol. 5(3): 3-5 (June 2015)

Creative Engagements Indeed! Open “Disciplines,” The Allure of Others, and Intellectual Fertility, Journal of Business Anthropology vol. 3(2): 33-48 (Fall 2014) (To be republished as a book chapter, Peking University Press)

C H A P T E R SMagical Contracts, Numinous Capitalism in Magical Capitalism (Brian Moeran and Timothy Malefyt, editors) (Palgrave, forthcoming)

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

Critical Issues for Qualitative Research in The Sage Handbook of Qualitative Research (Norman Denzin and Yvonna Lincoln, editors) (SAGE Publications, 5th edition, 2016)

International Law in Oxford Encyclopedia of Islam and Politics (Emad El-Din Shahin, editor) (Oxford University Press, 2014)

Now that the financial crisis has settled and our wars have become interminable, I’m again taking a longer view. I am thinking about the possibilities for politics and social thought ‘After Globalization.’ Global capitalism has transformed our structures of meaning in deep ways, so I’m trying to get a handle on the contemporary through a number of projects. I’m working with anthropologist Christina Garsten and her team on ‘Global Foresight’ within institutions; with computer scientist Perry Alexander on what ‘computing’ means as an intellectual enterprise; and I’ve written and spoken about the changing ontology of ‘the university.’ In addition, I’ve drafted a book about the rise of commercial country music as an American response to the contemporary. More, and pictures, available at davidawestbrook.com.”

David A. WestbrookL O U I S A . D E L C O T T O P R O F E S S O R


BA, Emory University


43

James A. WootenP R O F E S S O RPhD, Yale University

MA, Yale University

MPhil, Yale University

JD, Yale Law School

BA, Rice University


A R E A S O F I N T E R E S TEMPLOYEE BENEFIT PLANS

LEGAL HISTORY

LEGISLATION

RETIREMENT POLICY

TAXATION

A R T I C L E SA Legislative and Political History of ERISA Preemption, Part 4: The ‘Deemer’ Clause, Journal of Pension Benefits vol. 22: 3-13 (Autumn 2014)

A Reflection on ERISA Claims Administration and the Exhaustion Requirement, Drexel Law Review vol. 6: 573-587 (2014)

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.”

44

O U R 2 0 1 7 – 1 8 P O S T D O C T O R A L F E L L O W SBaldy Postdoctoral Fellows are highly promising scholars from a variety of disciplines who have completed or are pursuing their PhDs and/or JDs at other universities, but have not yet commenced tenure track positions. Chosen in an extremely competitive process, they carry out their scholarly projects with the full array of UB research resources and participate regularly in Baldy Center talks, discussions, workshops, and conferences.

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

Amanda HughettP H D , D U K E U N I V E R S I T Y

MA, Duke University

BA, University of Tennessee-Knoxville

[email protected]

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

David McNameeP H D C A N D I D A T E ,

P R I N C E T O N U N I V E R S I T YJD, Yale Law School

BA, Brown University

[email protected]

O U R 2 0 1 7 – 1 8 S E N I O R F E L L O W SBaldy Senior Fellows are accomplished academics and professionals, usually faculty members at other universities, who pursue intensive scholarly projects closely related to the mission of the Baldy Center. They utilize UB’s extensive research resources, participate regularly in Baldy Center events, and share their expertise with the larger Baldy community.

DEMLEITNER’S RESEARCH OUTLINES THE pressing need to dismantle mass imprisonment and provide proposals on how to achieve that goal. It is based on personal, theoretical, and practical accounts of the U.S. criminal justice system. The work builds on Demleitner’s comparative work in criminal justice, sentencing, and post-sentence collateral consequences.

Nora V. DemleitnerR O Y L . S T E I N H E I M E R , J R .

P R O F E S S O R O F L A W , W A S H I N G T O N A N D L E E U N I V E R S I T Y

LLM, Georgetown Law Center

JD, Yale Law School

BA, Bates College

HERNÁNDEZ’S RESEARCH INCLUDES A constitutional comparative vision on American and Argentinian federations. Using an interdisciplinary approach, he analyzes the similarities and differences between the two, taking into account that the model for the original Argentina Constitution of 1853 was the Philadelphia Constitution of 1787.

Antonio María HernándezP R O F E S S O R O F C O N S T I T U T I O N A L L A W ,

N A T I O N A L U N I V E R S I T Y O F C Ó R D O B A , A R G E N T I N A

PhD, National University of Córdoba, Argentina

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

Baldy Center Fellows in Interdisciplinary Legal Studies

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Administrative Law — Bernstein (6), Connolly (14), Meidinger (28), Owley (34)

Administrative Practice in Democracies — Bernstein (6)

Advertising Law — Bartholomew, M. (5)

African-American Legal History — Phillips (37)

American Legal History — Steinfeld (40)

Animal Cruelty Laws — Chiesa (13)

Animal Studies — Braverman (10)

Anthropology of Law — French (20), Taussig-Rubbo (42)

Antitrust — Bartholomew, C. (4)

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

Bankruptcy — Brown (12)

Behavioral Legal Ethics — Milles (30)

Buddhism and Law — French (20)

Business Law — Brown (12)

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

Civil Rights Law — McCluskey (27), Mutua, A. (31)

Climate Change — Owley (34)

Clinical Legal Education — Connolly (14)

Commercial Law — Abramovsky (2)

Common Law, History of — Steilen (39)

Comparative Law — French (20), Taussig-Rubbo (42)

Comparative Adjudication Standards — Melish (29)

Comparative Administrative Law — Bernstein (6)

Comparative Constitutional Law — Melish (29)

Computer Crime — Milles (30)

Conflict of Laws — Phillips (37)

Constitutional History — Steilen (39), Steinfeld (40)

Constitutional Law — Boucai (8), Mutua, A. (31), O’Rourke (33), Steilen (39), Taussig-Rubbo (42)

Constitutional Structure of Politics — Gardner (21)

Constitution-Making — Mutua, M. (32)

Consumer Protection — Bartholomew, C. (4)

Contracts — Taussig-Rubbo (42)

Corporate Finance — Schlegel (38), Westbrook (43)

Corporate Law — Mutua, A. (31), Westbrook (43)

Corporate Taxation — Lazar (22)

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

Criminal Law — Binder (7), Boucai (8), Chiesa (13), Ewing (18), O’Rourke (33), Taussig-Rubbo (42)

Criminal Procedure — Chiesa (13), O’Rourke (33)

Critical Legal Studies — McCluskey (27)

Critical Race Theory — Mutua, A. (31), Phillips (37)

Cyberlaw — Bartholomew, M. (5)

Disability Law — McCluskey (27)

Domestic Violence — Marcus (26)

Economic Redevelopment of Rust Belt Cities — Schlegel (38)

Economic, Social and Cultural Rights — Melish (29)

Election Law — Gardner (21)

Employee Benefit Plans — Wooten (44)

Employment Law — Dimick (15), McCluskey (27)

Energy Law — McCluskey (27)

Environmental Law — Connolly (14), Meidinger (28), Owley (34)

Equal Protection Law and Equality Theory — Finley (19)

Evidence — Bartholomew, C. (4)

Family Law — Boucai (8), Marcus (26), McCluskey (27)

Federal Indian Law — Owley (34)

Federal Jurisdiction — Bernstein (6)

Federalism — Gardner (21)

Feminist Legal Theory — Finley (19), Mutua, A. (31)

Finance — McCluskey (27), Westbrook (43)

First Amendment — Barbas (3), Finley (19)

Forensic Psychology — Ewing (18)

Free Trade Agreements — Lewis (24)

Gender and Law — Finley (19), Marcus (26), McCluskey (27), Mutua, A. (31)

Government Ethics — McCluskey (27)

Health Law — McCluskey (27)

Higher Education Law — McCluskey (27)

Human Rights — Marcus (26), Mutua, M. (32)

Immigration Law —Su (41)

Income Tax — Dimick (15)

Indigenous Peoples’ Law — Meidinger (28)

Information Privacy — Milles (30)

Insurance Law — Abramovsky (2), McCluskey (27)

Intellectual Property — Bartholomew, M. (5)

International Business Transactions — Meidinger (28), Mutua, M. (32)

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International Dispute Settlement — Lewis (24)

International Economic Law — Lewis (24)

International Environmental Law — Meidinger (28)

International Human Rights —Marcus (26), Melish (29), Mutua, M. (32)

International Law and Globalization — Connolly (14), Meidinger (28), Mutua, M. (32), Westbrook (43)

International Trade and Environment — Meidinger (28)

International Trade Law — Lewis (24)

International Women’s Human Rights — Marcus (26)

Israel /Palestine — Braverman (10)

Jurisdiction — Bernstein (6)

Jurisprudence — Binder (7), Chiesa (13)

Labor and Employment Law — Dimick (15)

Law and Democratic Theory — Gardner (21)

Law and Economics — Dimick (15), McCluskey (27)

Law and Genetics — Braverman (10)

Law and Geography — Braverman (10)

Law and Literature — Binder (7)

Law and Narrative — Paskey (36)

Law and Religion — French (20), Phillips (37)

Law and Rhetoric — Paskey (36)

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

Law and Sexuality — Boucai (8)

Law and Social Science — Braverman (10), Connolly (14), French (20)

Law and Society — Bernstein (6), Braverman (10), Engel (16), French (20)

Legal Education — Connolly (14)

Legal Ethics — Abramovsky (2), Milles (30)

Legal Ethnography — Braverman (10), Engel (16)

Legal History — Barbas (3), Bartholomew, M. (5), Boucai (8), Steinfeld (40), Wooten (44)

Legal History of the American Economy — Schlegel (38)

Legal Theory — Meidinger (28), O’Rourke (33), Steilen (39)

Legislation — Connolly (14), O’Rourke (33), Owley (34), Wooten (44)

Local Government Law — Su (41)

Mass Media Law — Barbas (3)

Mass Tort — Brown (12)

Mental Health Professionals in National Security and Safety — Ewing (18)

Mindfulness and Law — Phillips (37)

Natural Resources Law — Braverman (10), Connolly (14), Meidinger (28), Owley (34)

Occupational Safety and Health — McCluskey (27)

Partnership Taxation — Lazar (22)

Political Economy and Social Theory — Westbrook (43)

Post-Colonialism — Mutua, M. (32)

Post-Con flict Societies — Mutua, M. (32)

Professional Ethics — Ewing (18)

Property Law — French (20), Owley (34), Steinfeld (40)

Protest Activity — Finley (19)

Public International Law — Melish (29), Mutua, M. (32)

Race and the Law — McCluskey (27)

Refugee and Asylum Law — Paskey (36)

Regulation — McCluskey (27), Mutua, A. (31)

Regulation of Financial Entities — Abramovsky (2)

Remedies — Bartholomew, C. (4), Marcus (26)

Reproductive Rights — Finley (19)

Retirement Policy — Wooten (44)

Rights Consciousness — Engel (16)

Science and Technology — Braverman (10)

Social and Political Theory — Taussig-Rubbo (42)

Sociology of Law — Meidinger (28)

State Constitutional Law — Gardner (21)

State Reconstruction — Mutua, M. (32)

Statutory Interpretation — O’Rourke (33), Owley (34)

Tax Policy — Dimick (15), Lazar (22)

Taxation — Dimick (15), Lazar (22), Wooten (44)

Third World Approaches to International Law (TWAIL) — Mutua, M. (32)

Tort Law— Chiesa (13), Engel (16), Finley (19)

Transitional Justice — Mutua, M. (32)

Violent Behavior — Ewing (18)

Welfare Law — McCluskey (27)

Women and the Law — Marcus (26), McCluskey (27), Mutua, A. (31)

World Trade Organization Law — Lewis (24)

47

A V I V A A B R A M O V S K Y(716) [email protected]

S A M A N T H A B A R B A S(716) [email protected]

C H R I S T I N E P . B A R T H O L O M E W(716) [email protected]

M A R K B A R T H O L O M E W(716) [email protected]

A N Y A B E R N S T E I N(716) [email protected]

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L U I S E . C H I E S A(716) [email protected]

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M A T T H E W D I M I C K(716) [email protected]

D A V I D M . E N G E L(716) [email protected]

C H A R L E S P A T R I C K E W I N G(716) [email protected]

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