Faculty Scholarship 2017 to 2020 - University at Buffalo Law ...
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Faculty Scholarship 2017 to 2020
Message from the Dean Dear Colleagues, We are pleased to update you on the scholarship produced by our faculty since 2017. 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
Heather R. Abraham . . . . . . . . . . . . . . . 2 Martha T. McCluskey . . . . . . . . . . . . . .29
Aviva Abramovsky . . . . . . . . . . . . . . . . . 3 Errol Meidinger . . . . . . . . . . . . . . . . . . .30
Elizabeth G. Adelman . . . . . . . . . . . . . . .4 Athena D. Mutua. . . . . . . . . . . . . . . . . . .32
Contents Samantha Barbas . . . . . . . . . . . . . . . . . . . 5 Makau W. Mutua . . . . . . . . . . . . . . . . . .33
Christine P. Bartholomew. . . . . . . . . . . 6 Tolulope F. Odunsi . . . . . . . . . . . . . . . . 34
Mark Bartholomew . . . . . . . . . . . . . . . . . 8 Anthony O’Rourke . . . . . . . . . . . . . . . . .35
Anya Bernstein . . . . . . . . . . . . . . . . . . . . . 9 Stephen J. Paskey . . . . . . . . . . . . . . . . . .36
Guyora Binder . . . . . . . . . . . . . . . . . . . . . 10 John Henry Schlegel . . . . . . . . . . . . . . .37
Michael Boucai . . . . . . . . . . . . . . . . . . . . 11 Amy Semet. . . . . . . . . . . . . . . . . . . . . . . . .38
Irus Braverman. . . . . . . . . . . . . . . . . . . . 12 Matthew Steilen . . . . . . . . . . . . . . . . . . .39
Luis E. Chiesa . . . . . . . . . . . . . . . . . . . . . . 14 David A. Westbrook . . . . . . . . . . . . . . 40
Kim Diana Connolly . . . . . . . . . . . . . . . 15 James A. Wooten . . . . . . . . . . . . . . . . . . 42
Matthew Dimick . . . . . . . . . . . . . . . . . . . 16 Baldy Center Fellows. . . . . . . . . . . . . . 44
David M. Engel . . . . . . . . . . . . . . . . . . . . . 17 Areas of Interest . . . . . . . . . . . . . . . . . . 46
Lucinda M. Finley. . . . . . . . . . . . . . . . . . 18 Contact Information . . . . . . . . . . . . . . 48
Rebecca R. French . . . . . . . . . . . . . . . . . 19
James A. Gardner . . . . . . . . . . . . . . . . . .20
Lise Gelernter . . . . . . . . . . . . . . . . . . . . .22
Alexandra Harrington . . . . . . . . . . . .23
Stuart G. Lazar. . . . . . . . . . . . . . . . . . . . 24
Meredith Kolsky Lewis . . . . . . . . . . . .26
Paul Linden-Retek . . . . . . . . . . . . . . . . .28
1
Heather R. Abraham
A S S O C I ATE P R O F E S S O R
DIRECTOR OF THE CIVIL RIGHTS & TR ANSPARENCY CLINIC
LLM, Georgetown University Law Center
JD, University of Minnesota
MPP, University of Minnesota
BA, Kalamazoo College
(716) 645-2073 habraham@buffalo.edu
AREAS OF INTEREST
ADMINISTRATIVE LAW
CLINICAL LEGAL EDUCATION
CIVIC PROCEDURE
I investigate how the law CIVIL LIBERTIES
influences where people live. CIVIL RIGHTS
My research agenda centers CONSTITUTIONAL LAW
on what legal tools exist, or CONTRACTS
should exist, to reduce racial DISABILITY RIGHTS
segregation. My ambition EVIDENCE
remains practical as well as ELECTION LAW
theoretical—creating a roadmap FAIR HOUSING
for litigators and policymakers FEDERAL COURTS
to leverage existing statutes, FIRST AMENDMENT
administrative regulation,
FREEDOM OF THE PRESS
and case law to meaningfully
LEGISLATION
deconstruct the systems that
PROPERTY
perpetuate racial segregation.”
PUBLIC AFFAIRS
ARTICLES
Fair Housing’s Third Act:
American Tragedy or Triumph?,
39 Yale Law & Policy Review
(forthcoming Dec. 2020).
2
Aviva Abramovsky
DEAN AND PROFESSOR
JD, University of Pennsylvania
BA, Cornell University
(716) 645-2052 aabramov@buffalo.edu
AREAS OF INTEREST
INSURANCE LAW
COMMERCIAL LAW
REGULATION OF FINANCIAL ENTITIES
LEGAL ETHICS My research is
focused on insurance law with
BOOKS emphasis on re-insurance.
I am particularly interested
Uniform Commercial Code, West’s
in global insurance products
McKinney’s Forms for New York (the
and disaster and catastrophe
definitive set on the New York Uniform
liability. Insurance is a
Commercial Code and official companion
gatekeeper for all corporate
to McKinney’s Consolidated Laws
behavior and as such the
of New York Annotated) (Thomson
industry’s laws and policies
Reuters, 2016-2020) (updated annually).
are relevant to every aspect
of the world’s economy.”
CHAPTERS
Transparency and the Insurance Contract in
the United States (with Peter Kochenburger),
in Transparency in Insurance Law and
Regulation 683, 683-703 (Pierpaolo Marano
& Kyriaki Noussia, eds., Springer 2020).
3
Elizabeth G. Adelman
T E A C H I N G F A C U LT Y
V I C E D E A N FO R LE GA L I N FO R M ATI O N S E RV I C E S
DIRECTOR OF THE CHARLES B. SEARS L AW LIBRARY
JD, Albany Law School
MLS, University at Buffalo
(716) 645-2089 eadelman@buffalo.edu
AREAS OF INTEREST CHAPTERS
LEGAL RESEARCH
Centralization of the Academic Law
STATUS OF ACADEMIC LAW LIBRARIES
AND LAW LIBRARIANS Library: Is It Right For Your Institution?,
in Academic law Libraries Within
The core of my scholarship BOOKS the Changing Landscape of Legal
focuses on the process of
New York Legal Research (with Education: A Primer for Deans and
conducting legal research
Courtney L. Selby, Brian T. Detweiler Provosts 189, 189-204 (Michelle M. Wu,
effectively. The fourth
& Kathleen Darbil) (Carolina Scott B. Pagel, Joan S. Howard, eds.,
edition of my book, New York
Academic Press, 4th ed. 2020). William S. Hein & Company 2020).
Legal Research, highlights
the connections between
ARTICLES
sources, legal research, and
Academic Law Library Director Status
analysis. Another area of
Since the Great Recession: Strengthened,
interest is on the status of
Maintained, or Degraded? (with
the academic law library. My
Karen Shephard, Richard J. Patti
recent scholarship examines
& Robert M. Adelman), 112 Law
the autonomy of academic
Library Journal 117, 117-34 (2020).
law libraries, the status of the
law library director, and the
implications of both in the
context of the ABA Standards.”
Exploring New Legal Research Sources
NEW YORK LEGAL RESEARCH (Carolina Academic Press, 4th ed. 2020) provides an alternative to
legal research books that take a bibliographic approach to legal research. The fourth edition
explores both the sources of New York state law and the process of conducting research using
those sources. Elizabeth Adelman and her co-authors include an emphasis on online sources
and the online research process. Print sources are discussed as opportunities to enhance the
research process or when an online equivalent is not available.
Most chapters contain outlines with step-by-step guidance and short excerpts and
screenshots from important sources. Brief discussions of legal analysis are included to show its
crucial connection to research. While the focus of NEW YORK LEGAL RESEARCH is state research,
concise descriptions of federal resources are included throughout this edition.
4
Samantha Barbas
PROFESSOR
DIRECTOR OF THE BALDY CENTER
FOR L AW AND SOCIAL POLICY
JD, Stanford Law School
PhD, University of California at Berkeley
BA, Williams College
(716) 645-6216 sbarbas@buffalo.edu
AREAS OF INTEREST ARTICLES
FIRST AMENDMENT
The Esquire Case: A Lost Free Speech
LEGAL HISTORY
Landmark, 27 William and
MASS MEDIA LAW
Mary Bill of Rights Journal
My work examines the
287, 287-361 (Dec. 2018).
BOOKS interconnections between law,
American social and cultural
The Rise and Fall of Morris Ernst:
history, and the history of
Free Speech Renegade (University CHAPTERS
mass communications. I have
of Chicago Press forthcoming 2021). Privacy and the Right to One’s Image:
focused on the history of
A Cultural and Legal History, in
privacy, defamation, and free
Confidential Confidential: Injury and Injustice: The Cultural
speech law, looking at topics
The Inside Story of Hollywood’s Politics of Harm and Redress
ranging from the 1957 trial
Notorious Scandal magazine 202, 202-28 (Anne Bloom, David
of Confidential magazine, to
(Chicago Review Press 2018). M. Engel & Michael McCann, eds.,
the 1967 Supreme Court case
Cambridge University Press 2018).
Time v. Hill, to the history
Newsworthy: The Supreme
of the ACLU and the career
Court’s Battle Over Privacy
of famed civil liberties
and Freedom of the Press
attorney Morris Ernst.”
(Stanford University Press 2017).
National Recognition as a Public Scholar
The National Endowment for the Humanities recognizes public scholars - authors writing about
important aspects of culture for a wide spectrum of readers. It has bestowed that designation on
Samantha Barbas, along with a monetary grant to support work on her latest book.
Barbas is one of 25 public scholars nationwide who will share in $1.4 million in NEH grants. The awards
are intended to “support well-researched books in the humanities aimed at a broad public audience.”
Barbas’ current project looks at the sociolegal history of New York Times Co. v. Sullivan, the U.S.
Supreme Court’s landmark 1964 ruling that First Amendment protections of free speech limit public
officials’ ability to win a defamation lawsuit. That decision established the “actual malice” test, under
which the plaintiff must prove that the defendant knew the statement in question was false or showed
reckless disregard for whether it was true.
5
Christine P. Bartholomew
PROFESSOR
LAW REVIEW ADVISOR
JD, University at California at Davis
BA, San Francisco State University
(716) 645-7399 cpb6@buffalo.edu
AREAS OF INTEREST CHAPTERS
CIVIL PROCEDURE Antitrust Norms in the United
ANTITRUST States and Financial Corruption, in
EVIDENCE XLI Jornadas Internacionales
My research is in civil CONSUMER PROTECTION de Derecho Penal, Criminal,
procedure, specifically the REMEDIES Contemporánea y Corrupción:
tension between class actions’ ¿Efectividad del La Pena Privativa
enforcement potential and de La Libertad? (Universidad
BOOKS
heightened procedural and Externado de Colombia forthcoming
Legal Argument: The Structure
evidentiary rules. On the one 2020) (translated into Spanish).
and Effective Language of
hand, judicial resources are
Effective Advocacy (with Motions for Class Certification vs.
far from absolute, and such
James A. Gardner) (Carolina Proceedings on the Merits, in Antitrust
rules can promote judicial
Academic Press, 3rd ed. 2020). Daubert Handbook (ABA Antitrust
efficiency. On the other hand,
Section forthcoming 2020).
a raft of new procedural
ARTICLES
hurdles threaten class actions’
The Venue Shuffle: Forum Selection Privilege and the Fight Against
potential to regulate corporate
Clauses & ERISA (with James A. Corruption in the United States, in
behavior. It is now harder
Wooten), 66 UCLA Law Review XLI Jornadas Internacionales
to get into court; harder to
862, 862-910 (April 2019). de Derecho Penal, Criminal,
plead a claim; and harder to
Contemporánea y Corrupción:
certify a class. I analyze how
E-Notice, 68 Duke Law Journal 217, ¿Efectividad del La Pena Privativa
such hurdles impact class
217-74 (2018). de La Libertad? (Universidad
actions, and then identify
Externado de Colombia forthcoming
ways to balance efficiency and
Exorcising the Clergy Privilege, 103 2020) (translated into Spanish).
enforcement goals. Because
Virginia Law Review 1015, 1015-77 (2017).
rule interpretation is primarily
left to the judiciary, my work
analyzes judicial interpretation
and decision making.”
6
AMICUS BRIEFS
Brief of Scholars as Amici Curiae
Supporting Petition for Certiorari,
Robertson v. U.S. District Court, (U.S.
2019) (No. 18-1341) (co-lead author).
Brief of Antitrust Law Professors
as Amici Curiae Supporting
Petition for Certiorari, AFMS
LLC v. United Parcel Services, Inc.
& FedEx Corp., 138 S. Ct. 1180 (U.S.
2018) (No. 17-1092) (lead author).
Brief of Law Professors as Amici
Curiae Supporting Plaintiff-
Appellant’s Petition for Rehearing,
or In the Alternative, Rehearing
En Banc, AFMS LLC v. United Parcel
Services, Inc. & FedEx Corp., 696 Fed.
Appx. 293 (9th Cir. 2017) (No. 15-
55778) (contributing author).
7
Mark Bartholomew
PROFESSOR
JD, Yale Law School
BA, Cornell University
(716) 645-5959 bartholo@buffalo.edu
AREAS OF INTEREST
INTELLECTUAL PROPERTY
CYBERLAW
LEGAL HISTORY
My recent work examines ADVERTISING LAW
the relationship between law,
technology, and advertising. BOOKS
Through a variety of
Adcreep: The Case Against
mechanisms, including
Modern Marketing (Stanford
intellectual property law,
University Press 2017).
privacy law, contract law, and
the First Amendment, the legal
ARTICLES
system is struggling to set an
Copyright and the Brain, 98
appropriate balance between
Washington University Law
commercial freedom and
Review (forthcoming 2020).
consumer protection in the
midst of a modern marketing
Neuromarks, 103 MinnesotaLaw
revolution. Figuring out where
Review 521, 521-85 (2018).
this balance should be set is a
difficult project. My approach
The Law of Advertising Outrage,
is to mine psychology, which
19 Advertising & Society
tells us how consumers think,
Quarterly (Sept. 2018).
and history, which tells us
how lawmakers approached
The Political Economy of Celebrity
similar questions in the past,
Rights, 38 Whittier Law
to help assess the costs and
Review 1, 1-24 (Spring 2018).
benefits of advertising in new
forms and new spaces.”
8Anya Bernstein
PROFESSOR
PhD, University of Chicago
JD, Yale Law School
BA, Columbia College
(716) 645-3683 anyabern@buffalo.edu
AREAS OF INTEREST
Bureaucratic Speech: Language Choice
ADMINISTRATIVE LAW AND
COMPARATIVE ADMINISTRATIVE LAW and Democratic Identity in the Taipei
JURISDICTION & CIVIL PROCEDURE Bureaucracy, 40 PoLAR: Political and
LEGISLATION & STATUTORY
Legal Anthropology Review
“We sometimes take the
INTERPRETATION 28, 28-51 (2017).
legitimacy of democratic
LAW AND SOCIETY
governance for granted, but
CHAPTERS
ARTICLES legitimacy is not something
Agency in State Agencies, in Distributed
that inheres in a particular
Legal Corpus Linguistics and the Agency: The Sharing of Intention,
political form. It’s a dynamic,
Half-Empirical Attitude, 106 Cornell Cause, and Accountability 41, 41-48
culturally specific outcome of
Law Review (forthcoming 2021). (N.J. Enfield & Paul Kockelman, eds.,
continuous work by numerous
Cambridge University Press 2017).
participants. I’m particularly
The Concept of “Data” in Data-Driven
interested in how bureaucrats
Legal Interpretation, 86 Brooklyn The Songs of Other Birds, in Insiders,
and judges in democracies
Law Review (forthcoming 2020). Outsiders, Injuries, and Law:
legitimize their actions. I use
Revisiting the Oven Bird’s Song
ethnography, interview, and
Technologies of Language Meet 219, 219-236 (Mary Nell Trautner,
textual analysis to illuminate
Ideologies of Law, 2020 Michigan ed., Oxford University Press 2017).
how government actors
Law Review (forthcoming 2020).
understand, describe, and
shape law and governance. My
Porous Bureaucracy: Administrative
work so far has focused on the
Culture in Taiwan, 45 Law &
United States as well as Taiwan;
Social Inquiry 28, 28-51 (2020).
in the coming year I’ll expand
my research to Germany .”
Interpenetration of Powers: Channels
and Obstacles for Populist Impulses,
28 Washington International
Law Journal 461, 461-86 (2019).
Democratizing Interpretation,
60 William and Mary Law
Review 435, 435-506 (2018).
Before Interpretation,
84 University of Chicago Law
Review 567, 567-645 (2017).
9Guyora Binder
SUNY DISTINGUISHED PROFESSOR
U N I V E R S IT Y AT B U F FA LO D I S TI N G U I S H E D P R O F E S S O R
H O D G S O N R U S S F A C U LT Y S C H O L A R
V I C E D E A N F O R R E S E A R C H A N D F A C U LT Y D E V E L O P M E N T
JD, Yale Law School
AB, Princeton University
(716) 645-2673 gbinder@buffalo.edu
AREAS OF INTEREST
Capital Punishment of Unintentional
CRIMINAL LAW
Felony Murder (with Brenner Fissell
JURISPRUDENCE
& Robert Weisberg), 92 Notre Dame
LAW AND LITERATURE
Law Review 1141, 1141-1214 (2017).
My forthcoming article,
Disbanding Police Agencies, BOOKS Penal Incapacitation: A Situationist
grew out of conversations with
Criminal Law: Cases and Materials Critique (with Ben Notterman),
my coauthors Tony O’Rourke
(with John Kaplan & Robert Weisberg) 54 American Criminal Law
and Rick Su, about last
(Wolters-Kluwer, 8th ed., 2017) Review 1, 1-56 (2017).
summer’s tragic and turbulent
(9th ed., forthcoming 2021).
events. It assesses proposals to
BOOK REVIEWS
disband police forces, like that
ARTICLES Book Review, Criminal Law and
passed by the Minneapolis City
Disbanding Police Agencies (with Criminal Justice Books (Sept. 2020)
Council, from a democratic and
Anthony O’Rourke & Rick Su), (reviewing Lawrence Friedman,
institutionalist perspective.
121 Columbia Law Review Crime Without Punishment: Aspects
Should localities concerned
(forthcoming 2021). of History of Homocide) (2018)).
about discriminatory policing
and excessive force disband
Judicial Review of Strict Liability Local Law and the Modern Mind:
their police forces? This is a
Ordinances(with Brenner Fissell), Consciousness and Responsibility
more practical strategy than
53 Arizona State University in American Legal Culture, 57
many readers may imagine,
Law Review (forthcoming 2021). American Journal of Legal
that has been used before in
History 121, 121-22 (2017) (reviewing
American history to reform
A Political Interpretation of Susanna L. Blumenthal, Law
policing. One reason in favor
Vagueness Doctrine (with Brenner and the Modern Mind) (2016)).
of using such a strategy today
Fissell), 2019 Illinois Law
is that discriminatory police
Review 1527, 1527-88 (2019).
departments are often too
insulated from democratic
The Puzzle of Inciting Suicide (with
oversight to be meaningfully
Luis Chiesa), 56 American Criminal
reformed. Yet these same legal
Law Review 65, 65-135 (Winter 2018).
impediments to democratic
control will also impede
Unusual: The Death Penalty for
efforts to dissolve police
Inadvertent Murder (with Brenner
forces and start fresh.”
Fissell & Robert Weisberg), 93
Indiana Law Journal 549,
549-618 (Summer 2018).
10Michael Boucai
PROFESSOR
MPhil, University of Cambridge
JD, Georgetown University Law Center
BA, Yale University
(716) 645-1743 mboucai@buffalo.edu
AREAS OF INTEREST ARTICLES
GENDER, SEXUALITY, & LAW Topology of the Closet, Journal of
FAMILY LAW Homosexuality (forthcoming 2020).
CONSTITUTIONAL LAW
Before Loving: The Origins of the
CRIMINAL LAW My scholarship lies mainly
Right to Marry, 20 Utah Law
LEGAL HISTORY in two fields. I study the law
Review 69, 69-176 (2020).
of marriage, family, gender,
and sexuality, and I study
queer history. Strongly
influenced by critical and
sociolegal approaches to
law, the first branch of my
research traverses multiple
bodies of legal doctrine, most
prominently constitutional,
criminal, and family law. The
second branch focuses on
queer identities, communities,
and politics since the mid-
nineteenth century. Research
in one area powerfully informs
what I do in the other. I see law
through a historian’s eyes and
history through the eyes of a
law scholar. At the same time,
I welcome frameworks and
insights from other disciplines.
Hence my scholarship’s intense
engagements with work in
sociology, anthropology,
philosophy, critical
theory, and literature.”
11Irus Braverman
PROFESSOR AND WILLIAM J. MAGAVERN
F A C U LT Y S C H O L A R
SJD, University of Toronto
MA, The Hebrew University of Jerusalem
LLB, The Hebrew University of Jerusalem
(716) 645-3030 irusb@buffalo.edu
AREAS OF INTEREST ARTICLES
ANIMAL STUDIES
Environmental Justice in the Occupied
NATURE AND CONSERVATION BIOLOGY
West Bank, Nature and Space:
ISRAEL/PALESTINE
Environment and Planning E
My research focuses on the LAW AND GEOGRAPHY
(forthcoming 2020) (Special issue).
relationship between law, LAW AND GENETICS
science, and nature. My LEGAL ETHNOGRAPHY
Nof Kdumim: Imagining the Ancient
books include: Planted Flags: LAW AND SOCIETY Landscape in East Jerusalem’s
Trees, Land and Law in Israel/ SCIENCE AND TECHNOLOGY STUDIES National Parks, Nature and
Palestine (2009), Zooland:
Space: Environment and
The Institution of Captivity BOOKS Planning E (forthcoming 2020).
(Independent Publisher
Wild Legalities in Palestine/
Award Winner, 2012), Wild
Israel (University of Minnesota Regulating Wild Life in Palestine/
Life: The Institution of Nature
Press forthcoming 2021). Israel, PoLAR (forthcoming).
(2015). and Coral Whisperers:
Scientists on the Brink (2018).
Zoo Veterinarians: Governing Fleshy Encounters: Meddling in the Life-
My latest monograph, Zoo
Care on a Diseased Planet worlds of Zoo and Aquarium Veterinar-
Veterinarians: Governing Care
(Routledge 2021). ians, Humanimalia 11(2): 49-75 (2020).
on a Diseased Planet, highlights
the recent transformation
Blue Legalities: The Life and Shifting Baselines in Coral
that has occurred in the zoo
Laws of the Sea (Irus Braverman Conservation, Nature and Space:
veterinarian profession during
& Elizabeth R. Johnson, eds., Environment and Planning E
a time of ecological crisis, and
Duke University Press 2020). 3(1): 20-39 (2020) (Special issue).
what this transformation may
teach us about caring for a
Coral Whisperers: Scientists Corals in the City: Cultivating Ocean
diseased planet. I am working
on the Brink (The University Life in the Anthropocene City, Contem-
on a book manuscript on
of California Press 2018). porary Social Science: Journal of
the management of national
the Academy of Social Sciences
parks and nature reserves in
Gene Editing, Law, and the Envi- (2019) (Special issue: Urban Animals:
Palestine/Israel. I have also
ronment: Life Beyond the Human Cartographies of Radical Encounters).
edited several book collections
(Irus Braverman, ed., Routledge 2017).
and special issues on legal
Fish Encounters: Aquariums and their Vet-
geography, gene editing
erinarians on a Rapidly Changing Planet,
and the environment, ocean
Humanimalia 11(1): 1-25 (Fall 2019).
legalities, and environmental
justice in the occupied
Living on Coral Time: Debating Conservation
Palestinian territories.”
in the Anthropocene, Environment & So-
ciety Portal, Arcadia 1: 1-6 (Spring 2019).
12Caring for Wild Animals
During an Ecological Crisis
Despite their centrality to the operation of contemporary accredited zoo and aquarium
institutions, the work of zoo veterinarians has rarely been the focus of a critical analysis in the
social sciences and humanities. Drawing on in-depth interviews and observations of zoo and
aquarium veterinarians, mainly in Europe and North America, ZOO VETERINARIANS: GOVERNING
CARE ON A DISEASED PLANET (Routledge, 2021) highlights the recent transformation that has
occurred in the zoo veterinarian profession during a time of ecological crisis and what these
changes can teach us about our rapidly changing planet. Originally an individual welfare-
centered profession, these experts are increasingly concerned with the sustainability of wild
animal populations and ecological health.
By exploring the regulatory landscape governing the work of zoo and aquarium veterinarians,
author Irus Braverman navigates the gap between the hard and soft sciences as well as the gap
between humans and non-humans.
Military-to-Wildlife Geographies:
CHAPTERS
Silent springs: The Nature of Bureaucracies of Cleanup and Con-
Water and Israel’s Military Animals, in Routledge Handbook servation in Vieques, in Handbook
Occupation, Environment for Law and Society (Mariana on the Geographies of Regions
and Planning E: Nature and Valverde, ed., forthcoming). and Territories 268, 268-83 (Anssi
Space 1, 1-25 (June 27, 2019). Paasi, John Harrison & Martin Jones,
Coral Restoration and Citizen eds., Edward Elgar Publishing 2018).
Uprooting Identities: The Scientists in the Anthropocene, in The
Regulation of Olive Trees in the Nature of Data: Infrastructures, Zooland: The Institution of Captivity,
Occupied West Bank, 71 Open Environments, Politics (Jenny E. in Surveillance Studies: A
Anthropology (March 2019). Goldstein & Eric Nost, eds., Nebraska Reader 59, 59-62 (Torin Monahan
University Press forthcoming 2020). & David Murakami Wood, eds.,
Law’s Underdog: A Call for Nonhuman Oxford University Press 2018).
Legalities, Annual Review of Law Blue Legalities: Governing More Than
and Social Science 14: 127-44 (2018). Human Oceans (with Elizabeth R. Editing the Environment: Emerging
Johnson), in Blue Legalities: The Issues in Genetics and the Law (An
Renouncing Citizenship as Protest: Law and Life of the Sea 1, 1-24 (Irus Introduction), in Gene Editing,
Reflections by a Jewish Israeli Braverman & Elizabeth R. Johnson, Law and the Environment: Life
Ethnographer, Critical Inquiry eds., Duke University Press 2020). Beyond the Human 1, 1-17 (Irus
44: 379-86 (Winter 2018). Braverman, ed., Routledge 2017).
Oculta a Plena Vista: La Geografía
Saving Species One Individual Jurídica Desde Una Perspectiva Gene Drives, Nature, and Governance:
at a Time: Zoo Veterinarians Visual (with Elizabeth R. Johnson, An Ethnographic Perspective, in
between Welfare and Conservation, Richard T. Ford, Mariana Valverde & Gene Editing, Law, and the
Humanimalia 9: 1-27 (Spring 2018). Maria Victoria Castro Cristancho), Environment: Life Beyond
in Derecho y Geografía: Espacio, the Human 55, 55-73 (Irus
Captive: Zoometric Operations in Gaza, Poder Y Sistema Jurídico 251, 251-80 Braverman, ed., Routledge 2017).
Public Culture 29: 191-215 (2017). (Bogotá D. C. & Siglo Del Hombre,
eds., Universidad de los Andes 2020). The Life and Law of Corals: Breathing
Nature as Spectacle, TOPOS: Meditations, in Research Methods in
The International Review of Robotic Life in the Deep Sea, in Environmental Law: A Handbook
Landscape Architecture and Blue Legalities 147, 147-64 (Irus 458, 458-81 (Andreas Philippopoulos-
Urban Design 101: 80-85 (Jan. 2017). Braverman & Elizabeth R. Johnson, Mihalopoulos & Victoria Brooks, eds.,
eds., Duke University Press 2020). Edward Elgar Publishing 2017).
13Luis E. Chiesa
PROFESSOR
DIRECTOR OF THE BUFFALO CRIMINAL L AW CENTER
JSD, Columbia Law School
LLM, Columbia Law School
JD, University of Puerto Rico Law School
BBA, University of Puerto Rico
(716) 645-3152 lechiesa@buffalo.edu
AREAS OF INTEREST
The Puzzle of Inciting Suicide
ANIMAL CRUELTY LAWS
(with Guyora Binder), 56
CRIMINAL LAW
American Criminal Law
CRIMINAL PROCEDURE
Review 65, 65-135 (2018).
My research lies TORTS
at the intersection of JURISPRUDENCE
Animal Rights Unraveled: Why
criminal law, philosophy, and
Abolitionism Collapses into Welfarism
comparative law. Drawing from
ARTICLES and What it Means for Animal Ethics,
my experience teaching and
Sexual Lynching, Cornell 28 Georgetown Environmental
lecturing about criminal law in
Journal of Law and Public Law Review 557, 557-87 (2017).
the United States, Canada, Latin
Policy (forthcoming 2020).
America, Europe, and Asia, my
Solving the Riddle of Rape by
work aims to understand and
Selective Incompatibilism, Free Will, Deception, 35 Yale Law & Policy
critique domestic criminal law
and the (Limited) Role of Retribution Review 407, 407-60 (2017).
doctrines by looking at how
in Punishment Theory, 71 Rutgers
other countries approach basic
Law Review 977, 977-1001 (2020).
concepts of criminal theory.”
Comparative Analysis as an Antidote to
Tunnel Vision in Criminal Law Reform:
The Example of Complicity, 70 Rutgers
Law Review 1117, 1117-41 (2018).
Mens Rea in Comparative
Perspective, 102 Marquette Law
Review 575, 575-603 (2018).
The Model Penal Code, Mass
Incarceration, and the Racialization of
American Criminal Law, 25 George
Mason Law Review 605, 605-52 (2018).
14Kim Diana Connolly
PROFESSOR
V I C E D E A N FO R A DVO C AC Y A N D E X P E R I E NTI A L E D U C ATI O N
D I R E C TO R O F C LI N I C A L LE GA L E D U C ATI O N
LLM, George Washington University Law School
JD, Georgetown University Law Center
AB, University of North Carolina at Chapel Hill
(716) 645-2092 kimconno@buffalo.edu
AREAS OF INTEREST BOOKS
ADMINISTRATIVE LAW The Big Thaw: Policy, Governance
CLINICAL LEGAL EDUCATION and Climate Change in the
ENVIRONMENTAL LAW Circumpolar North (Kim Diana
INTERNATIONAL LAW Connolly, Errol Meidinger & Ezra My substantive research
LAW AND SCIENCE B.W. Zubrow, eds., SUNY Press 2019). focuses on a number of related
LAW AND SOCIAL SCIENCE areas, including wetlands law
LEGAL EDUCATION CHAPTERS and policy as well as other
LEGISLATION environmental regulatory
Arctic Wetlands and Limited
NATURAL RESOURCES LAW and related subjects. More
International Protections: Can the
recently I have added an
Ramsar Convention Help Meaningfully
interest in how the mass
Address Climate Change?, in The Big
media covers environmental
Thaw: Policy, Governance and
law and policy matters. I
Climate Change in the Circumpolar
have also conducted research
North 201, 201-20 (Kim Diana
on student learning and
Connolly, Errol Meidinger & Ezra
andragogical issues, including
B.W. Zubrow, eds., SUNY Press 2019).
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.”
15Matthew Dimick
PROFESSOR
PhD, University of Wisconsin-Madison
JD, Cornell Law School
BA, Brigham Young University
(716) 645-7968 mdimick@buffalo.edu
AREAS OF INTEREST
Models of Other-Regarding Preferences,
LABOR AND EMPLOYMENT LAW
Inequality and Redistribution (with
CONTRACTS
David Rueda & Daniel Stegmueller),
TAX POLICY
21 Annual Review of Political
My research studies the LEGAL THEORY
Science 441, 441-60 (May 2018).
relationship between law LAW AND ECONOMICS
and economic inequality.
Better than Basic Income? Liberty,
While we may well condemn
BOOKS Equality, and the Regulation of
inequality as an injustice in
The Law and Economics of Working Time, 50 Indiana Law
itself, it also has many negative
Income Inequality (Cambridge Review 473, 473-515 (2017).
side effects: a corrosion of
University Press forthcoming).
the political process, skewed
CHAPTERS
public policies, and an unstable
ARTICLES Evgeny Pashukanis’ Commodity-Form
financial system, to name
Counterfeit Liberty, 3 Catalyst Theory of Law, in Research Handbook
a few. While the causes of
47, 47-88 (2019). on Law and Marxism (Umut Özsu
rising income inequality are
& Paul O’Connell eds., Edward Elgar
many and complex, the law
The Law and Economics of Publishing, forthcoming 2021).
undoubtedly plays a role.
Redistribution, 15 Annual
Traditionally, the economic
Review of Law & Social
analysis of law has focused on
Science 559, 559-82 (2019).
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.”
16David M. Engel
SUNY DISTINGUISHED SERVICE PROFESSOR EMERITUS
JD, University of Michigan Law School
MA, University of Michigan
AB, Harvard University
(716) 645-2514 dmengel@buffalo.edu
AREAS OF INTEREST ARTICLES
TORTS
Judging and Judgment in Contemporary
LAW AND SOCIETY
Asia: Editor’s Introduction to Special
ASIAN LEGAL CULTURES
Issue, 8 Asian Journal of Law
LEGAL ETHNOGRAPHY My research traces the ways
& Society (forthcoming 2021).
RIGHTS CONSCIOUSNESS in which rights become active,
identities are forged, and law is
States of Uncertainty: The Origins
woven into the fabric of day-
BOOKS of Law and Community in Three
to-day experiences. One line
Injury and Injustice: The American Towns, PoLAR: Polit-
of work examines the earliest
Cultural Politics of Harm ical and Legal Anthropology
stages of the tort law system,
and Redress (Anne Bloom, David Review (July 2020) (Special issue:
when individuals suffer
M. Engel & Michael McCann, eds., Festschrift for Carol Greenhouse)
traumatic physical harms and,
Cambridge University Press 2018).
in most cases, refuse to lodge a
Legal Consciousness Reconsidered (with
claim or even consult a lawyer.
Insiders, Outsiders, Injuries, and Lynette Chua), 15 Annual Review of
I explain this overwhelming
Law in the 21st Century: Revisiting Law and Social Science, 335-53 (2019).
preference for law avoidance by
“The Oven Bird’s Song” (Mary Nell
drawing on interdisciplinary
Trautner, ed., Cambridge University
CHAPTERS studies of injury and cognition.
Press 2017) (Collection of essays
Legal Consciousness (with Lynette Another line of work explores
commemorating David M. Engel’s
Chua), in Routledge Handbook recent transformations in
“The Oven Bird’s Song: Insiders,
of Law and Society (Marianna law, culture, and society in
Outsiders, and Personal Injuries in
Valverde, Kamari M. Clarke, Eve Southeast Asia, with particular
an American Community” (1984)).
Darian Smith & Prabha Kotiswaran, attention to Thailand.”
eds., Routlege Press forthcoming 2021).
Le Droit À L’inclusion: Droit Et
Identité Dans Les Récits De Vie Chairs, Stairs, and Automobiles: The
Des Personnes Handicapées Aux Cultural Construction of Injuries and the
États-Unis, Éditions EHESS (EHESS, Failed Promise of Law, in Injury and
May 2017) (French translation by Injustice: The Cultural Politics of
Yohann Aucante & Thomas Cayet of Harm and Redress 117, 117-134 (Anne
David M. Engel & Frank W. Munger’s Bloom & Michael McCann, eds., 2018).
Rights of Inclusion: Law and
Identity in the Life Stories of Looking Backward, Looking Forward:
Americans with Disabilities). 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” 279,
279-294 (Mary Nell Trautner, ed., 2018).
17Lucinda M. Finley
FRANK G. RAICHLE PROFESSOR OF
TR I A L A N D A P P E LL ATE A DVO C ACY
D I R E C TO R O F A P P E LL ATE A DVO C AC Y
JD, Columbia University Law School
BA, Barnard College
(716) 645-6152 finleylu@buffalo.edu
AREAS OF INTEREST CHAPTERS
TORT LAW AND GENDER ISSUES
Commentary on Emerson v.
FEMINIST LEGAL THEORY
Magendantz, in Feminist Judgments:
REPRODUCTIVE RIGHTS
Rewritten Tort Opinions (Martha
My research focuses on EQUAL PROTECTION LAW
Chamallas & Lucinda Finley, eds.,
AND EQUALITY THEORY
the gender-based impact
Cambridge University Press 2020).
of seemingly neutral tort FIRST AMENDMENT AND
LIMITS ON PROTEST ACTIVITY
doctrines. I am studying caps
Introduction (with Martha Chamallas),
on non-economic damages to BOOKS in Feminist Judgments: Rewritten
demonstrate that caps have a
Feminist Judgments: Rewritten Tort Tort Opinions (Martha Chamallas
disparate impact on women, the
Opinions (with Martha Chamallas) & Lucinda Finley, eds., Cambridge
elderly, and children’s death
(Cambridge University Press 2020). University Press 2020).
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 Exposing Implicit Bias
settlement strategies. Better FEMINIST JUDGMENTS: REWRITTEN TORT OPINIONS
understanding of the actual (Cambridge University Press, 2020) rewrites
consequences of legal change both canonical and lesser-known tort cases from
the feminine perspective, exposing gender and
on the institutional players
racial biases in how courts have categorized
and the people who seek access and evaluated harm stemming from pre-natal
to the civil justice system can malpractice, pregnancy loss, domestic violence,
sexual assault and harassment, invasion of privacy, and the award of
lead to sounder and more
economic and non-economic damages. The rewritten opinions demonstrate
equitable law reform.” that when confronted with gendered harm to women, courts have often
distorted or misapplied conventional legal doctrine to diminish the harm or
deny recovery.
Co-edited by Lucinda Finley and Martha Chamallas, this volume shows
the way forward to make the basic doctrines of tort law more responsive
to the needs and perspectives of traditionally marginalized people in ways
that give greater value to harms that they disproportionately experience.
18Rebecca R. French
PROFESSOR
PhD, Yale University
LLM, Yale Law School
JD, University of Washington Law School
BA, University of Michigan
(716) 645-2159 rrfrench@buffalo.edu
AREAS OF INTEREST
PROPERTY LAW
BUDDHISM AND LAW
ANTHROPOLOGY OF LAW
COMPARATIVE LAW In the course of my
LAW AND RELIGION investigation of the Tibetan
legal system, I discovered a
gaping hole in the substantial
ARTICLES
discipline of Religious
How Did Buddhist Law become
Legal Studies — the study
“Discipline”?, 5 Buddhism,
of Buddhist legal systems.
Law and Society (2020).
Incredibly, almost nothing
has been written on the legal
The Anthropology of Religion and
systems that were influenced
Law, 45(3) Religious Studies
by Buddhism, one of the
Review 153, 153-61 (2019).
largest world religions with
a 2,500 year history and 500
The Integrated Discipline of Buddhism
million followers. My project
and Law, 4 Buddhism, Law and
for the last few years has
Society vii, vii-xiv (2019).
been to write in this area and
to organize a wide array of
Is Buddhist Law “Sophisticated”?
international scholars to talk,
(Introduction), 2 Buddhism, Law
think and write about this
and Society vii, vii-xvii (2018).
exciting new subject matter.”
CHAPTERS
Is There Such a Thing as a Buddhist
Legal Tradition?, in Gross National
Happiness and the Law (Kristen
DeRemer, ed., forthcoming).
19James A. Gardner
SUNY DISTINGUISHED PROFESSOR
BRIDGET AND THOMAS BLACK PROFESSOR
JD, University of Chicago Law School
BA, Yale University
(716) 645-3607 jgard@buffalo.edu
AREAS OF INTEREST
Democratic Legitimacy under
CONSTITUTIONAL STRUCTURE
OF POLITICS Conditions of Severely Depressed Voter
LAW AND DEMOCRATIC THEORY Turnout, University of Chicago Law
ELECTION LAW
Review Online 24, 24-34 (2020).
Americans have long fretted
FEDERALISM
about the disjunction between
Active Judicial Governance, 51
our high aspirations for the STATE CONSTITUTIONAL LAW
New England Law Review
democratic electoral process
545, 545-54 (2018).
and the desultory reality of the BOOKS
modern election campaign.
Comparative Election Law The Theory and Practice of Contestatory
My research examines the role
(Edward Elgar Publishing Federalism, 60 William & Mary
of the law in constituting this
forthcoming 2021) (edited volume). Law Review 507, 507-46 (2018).
disjunction. I am interested
in how the law regulating
Legal Argument: The Structure Canadian Federalism in Design
campaigns operates in its
and Effective Language of and Practice: The Mechanics
actual institutional setting;
Effective Advocacy (with of a Permanently Provisional
how the findings of empirical
Christine Bartholomew) (Carolina Constitution, 9 Perspectives
social science determine
Academic Press, 3rd ed. 2020). on Federalism 1, 1-30 (2017).
what kinds of campaigns the
law might feasibly aspire
Election Law in the American Claims of Distinctive Identity in Federal
to institutionalize; and how
Political System (with Guy-Uriel Systems: Judicial Policing of the Limits
democratic theory addresses
Charles) (Aspen, 2nd ed. 2018) of Subnational Variance (with Antoni
the normative desirability of
(1st ed. 2012). Abat i Ninet), 14 International
these institutional options.”
Journal of Constitutional Law
ARTICLES 378, 378-410 (2016) (Translated
Illiberalism and Authoritarianism into Russian and reprinted, in two
in the American States, 70 parts, as Trebovaniya priznaniya
American University Law samobytnosti v federativnoiy sisteme:
Review (forthcoming 2021). sudebnyi nadzor za regional’noiy
svobodoiy, Sravnitel’noe
Transmission of Mastery, 69 Konstitutsionnoe Obozrenie
Buffalo Law Review 507, (2017), 4: 69–91; and 5: 48–56).
507-46 (forthcoming 2021).
CHAPTERS
Lessons from a Journey through Conceptions of Politics in Comparative
Subnational Constitutional Law, Perspective, in Comparative Election
72 Rutgers University Law Law (James A. Gardner, ed., Edward
Review (forthcoming 2020). Elgar Publishing forthcoming 2021).
20A Pragmatic Approach
to Advocacy
LEGAL ARGUMENT: THE STRUCTURE AND LANGUAGE
OF EffECTIVE ADVOCACY (Carolina Academic Press,
3rd ed. 2020), co-authored by James Gardner and
Christine Bartholomew, is a full-featured guide
providing a pragmatic approach to thinking about
argument structures. Intended primarily for law
students in research, writing, and analysis courses,
or trial advocacy classes and moot court programs,
the guide is designed to walk the future advocate
through the process of crafting a winning argument.
The book includes detailed explanations of how lawyers
construct legal arguments and a tutorial on the process
of molding raw materials of litigation - cases, statutes,
testimony, documents, common sense - into instruments
of persuasive advocacy. The third edition offers a vibrant
online component featuring exercises professors can
assign, online self-evaluation tests for students, and a
substantial teacher’s manual to accompany the textbook.
Strongmen and Neurotics: Visible Presidential Selection: Historical, Insti-
Struggle and the Construction of tutional, and Democratic Perspectives,
Judicial Ethos, in Justice Anthony M. in The Best Candidate: Presidential
Kennedy: The Rhetoric of Liberty Nomination in Polarized Times 10,
(David Frank & Francis J. Mootz, eds., 10-35 (Eugene Mazo & Michael Dimino,
Pennsylvania State University Press eds., Cambridge University Press 2020).
forthcoming 2021).
BOOK REVIEWS
Subnational Constitutionalism in Book Review, 48(3) Publius: The
the United States, in Subnational Journal of Federalism e4 (2018)
Constitutions (Patricia Popelier, (reviewing Francesco Palermo
Giacomo Delladone & Nicholas Aroney & Karl Kössler, Comparative
eds., Routledge forthcoming 2020). Federalism: Constitutional
Arrangements and Case Law
El Misterioso Exito de una Democracia (Hart Publishing 2017)).
Federal, in Democracia Y Forma
Constitucional (Pablo C. Riberi
& Pedro Salazar, eds., Instituto de
Investigaciones Juridicas, Universidad
Nacional Autónoma de México 2020).
21Lise Gelernter
T E A C H I N G F A C U LT Y
JD, New York University Law School
BA, Harvard Radcliffe College
(716) 645-5540 gelernt@buffalo.edu
AREAS OF INTEREST
LABOR AND EMPLOYMENT LAW
ARBITRATION
PUBLIC POLICY
I have concentrated my ADMINISTRATIVE LAW
research on arbitration, an
alternative dispute resolution BOOKS
method. I am particularly
ADR in the Workplace (with
interested in the rapidly
Laura Cooper, Dennis Nolan,
evolving legal doctrines
Richard Bales, Stephen Befort &
governing and affecting
Michael Z. Green) (West Academic
arbitration in the labor,
Publishing 4th ed. 2020).
employment, and commercial
arenas. As a labor arbitrator,
ARTICLES
I have also authored many
The Impact of Epic Systems in the
arbitration awards (decisions)
Labor and Employment Context,
in cases in which the parties
2019 Journal of Dispute
have asked me to resolve their
Resolution 115, 115-27 (2019).
disputes under a collective
bargaining agreement.”
ADR in the Workplace and in the Classroom
Ideal for use in law schools, business schools, and schools of industrial relations, the fourth edition
of ADR IN THE WORKPLACE (West Academic Publishing, 2020), part of the American Casebook
Series, addresses ADR topics through a wide range of materials, including judicial decisions,
arbitration awards, essays, and questions and problems for class discussion. Sections on
judicial determinations of arbitrability, judicial review, injunctions, deferral, and the duty of fair
representation offer thorough coverage of legal issues.
Lise Gelernter and her co-authors provide extensive treatment of the substance and practice
of labor arbitration and material for courses focused on labor arbitration practice. Materials on
dispute resolution in the nonunion setting address a broad range of issues including law, theory,
practice, and policy.
22Alexandra Harrington
A S S O C I ATE P R O F E S S O R
DIRECTOR OF THE CRIMINAL JUSTICE
ADVOCACY CLINIC
JD, Yale Law School
BA, Vanderbilt University
(716) 645-2108 aharr@buffalo.edu
AREAS OF INTEREST
CRIMINAL LAW
CRIMINAL PROCEDURE
CONSTITUTIONAL LAW
JUVENILE JUSTICE I am interested in how recent
PRISONERS’ RIGHTS Supreme Court decisions
SENTENCING & PAROLE that constitutionally limit
sentences for people who
ARTICLES were children at the time of
the crime might transform
The Constitutionalization of
our understanding of parole’s
Parole: Fulfilling the Promise of
function. My research explores
Meaningful Review, 106 Cornell
the constitutional dimensions
Law Review (forthcoming 2021).
of parole and the need for
judicial oversight of parole
REPORTS
board decisions. I seek to
Time-in-Cell: A 2019 Snapshot
understand how our conception
of Restrictive Housing based
of juveniles’ culpability and
on Nationwide Surveys of U.S.
capacity for rehabilitation
Correctional Facilities (with
informs the nature of the
Judith Resnik, et al.)(2020).
parole hearing, not only for
people who committed crimes
Reforming Restrictive Housing:
as children, but also, more
The 2018 ASCA-Liman Nationwide
broadly, for those convicted
Survey of Time-in-Cell (with
as adults. My work has drawn
Judith Resnik, et al.)(2018).
from my experience as a public
defender representing clients
in motions for resentencing
and in parole hearings.”
23Stuart G. Lazar
PROFESSOR
CO - DIREC TOR, N YC PROGR A M IN FINANCE & L AW
LLM, New York University School of Law
JD, University of Michigan Law School
AB, University of Michigan
(716) 645-2749 slazar@buffalo.edu
AREAS OF INTEREST
TAXATION
CORPORATION TAXATION
PARTNERSHIP TAXATION
My research interest has TAX POLICY
focused on federal tax law.
While it might seem like an BOOKS
oxymoron to use the terms
Mastering Partnership
‘tax law’ and ‘interest’ in the
Taxation (Carolina Academic
same sentence, understanding
Press, 2d ed. forthcoming 2020).
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.”
2425
Meredith Kolsky Lewis
PROFESSOR
V I C E D E A N FO R I NTE R N ATI O N A L A N D G R A D UATE P R O G R A M S
DIRECTOR OF THE CROSS-BORDER LEGAL STUDIES CENTER
JD, Georgetown University Law Center
MSFS, Georgetown University
BA, Northwestern University
(716) 645-1631 mlewis5@buffalo.edu
AREAS OF INTEREST
Winning Strategy or Own Goal?
INTERNATIONAL ECONOMIC LAW
Reflections on the United States Exiting
INTERNATIONAL TRADE LAW
the Trans-Pacific Partnership, in
INTERNATIONAL DISPUTE SETTLEMENT
Repackaging and Rescuing World
My research focuses on FREE TRADE AGREEMENTS
Trade Law in the Post-Pandemic
international trade law, WORLD TRADE ORGANIZATION LAW
Era Rethinking (Amrita Bahri,
particularly issues relating to
Daria Boklan & Weihuan Zhou, eds.,
the World Trade Organization,
BOOKS Hart Publishing forthcoming 2021).
free trade agreements, dispute
The Comprehensive and Progressive
settlement and trade policy. My
Trans-Pacific Partnership The TPP as a Potential New Paradigm
scholarship is influenced by my
Agreement: Implications and for Trade Agreements: Implications
background in international
Opportunities (Cambridge and Opportunities, in El TLCAN
relations and economics.
University Press forthcoming). Frente a Nuevas Negociaciones
I also have a strong interest
Comerciales Regionales: el TPP y el
in the Asia-Pacific, a result
A Post-WTO International TTIP (María Celia Toro Hernández, ed.,
of having lived and worked
Legal Order: Utopian, Dystopian 2020) (translated into Spanish).
in New Zealand and Japan.”
and Other Scenarios (Meredith
Kolsky Lewis, Junji Nakagawa, The Embedded Liberalism Compromise
Rostam J. Neuwirth, Colin B. in the Making of the GATT and
Picker & Peter Tobias Stoll, eds., Uruguay Round Agreements, in The
Springer Nature 2020). Future of International Economic
Integration: The Embedded
ARTICLES Liberalism Compromise Revisited
The Origins of Plurilateralism in 12, 12-30 (Gillian Moon & Lisa Toohey,
International Trade Law, 20(5) eds., Cambridge University Press 2018).
Journal of World Investment
& Trade 633, 633-53 (2019). Mega-FTAs and Plurilateral Trade
Agreements: Implications for the
CHAPTERS Asia-Pacific, in The Trans-Pacific
Dissents, in Research Handbook on Partnership: A Paradigm Shift in
WTO Dispute Settlement (Simon International Trade Regulation?
Lester & Bryan Mercurio, eds., Edward 419, 419-434 (Julien Chaisse, Henry Gao
Elgar Publishing forthcoming 2021). & Chang-fa Lo, eds., Springer 2017).
Import and Export Controls, in
International Commercial
Contracts (Petra Butler, ed., Oxford
University Press forthcoming 2021).
26An Uncertain Future for the WTO
A POST-WTO INTERNATIONAL LEGAL ORDER: UTOPIAN, DYSTOPIAN AND OTHER SCENARIOS (Springer
International Publishing, 2020) provides readers with a unique opportunity to explore how
the international economic legal order may look in a post-World Trade Organization world.
The substance of the book presupposes, correct or not, that the WTO either stagnates into the
foreseeable future or falls apart completely.
Despite most international economic legal academics’ commitment to multilateralism
and specifically to a vibrant and dynamic WTO, academics in the field are now beginning
to seriously discuss what a post-WTO world could look like. Meredith Lewis and her co-
editors present a necessary exploration of the worst-case scenario for the future of the WTO.
Accordingly, this projection offers great value to practitioners, governmental and international
officials, and scholars in the international economic legal order.
BOOK REVIEWS
Book Review, 112 American Journal
of International Law 136, 136-
42 (2018) (reviewing A History of
Law and Lawyers in the GATT/
WTO (Gabrielle Marceau, ed.,
Cambridge University Press 2015).
OTHER
Bilateralism, in Elgar Encyclopedia
of International Economic Law
32, 32-33 (Thomas Cottier & Krista
Nadakavukaren Schefer, eds.,
Edward Elgar Publishing 2017).
Multilateralism, in Elgar
Encyclopedia of International
Economic Law 33, 33-35 (Thomas Cot-
tier & Krista Nadakavukaren Schefer,
eds., Edward Elgar Publishing 2017).
Plurilateralism, in Elgar
Encyclopedia of International
Economic Law 35, 35-36
(Thomas Cottier & Krista
Nadakavukaren Schefer, eds.,
Edward Elgar Publishing 2017).
Voluntary Export Restraints (VERs)
and Orderly Marketing Arrangements
(OMAs), in Elgar Encyclopedia
of International Economic Law
366, 366-68 (Thomas Cottier &
Krista Nadakavukaren Schefer, eds.,
Edward Elgar Publishing 2017).
27Paul Linden-Retek
LECTURER IN L AW & SOCIET Y
R E S E A R C H F E LLOW AT TH E B A LDY C E NTE R
FOR L AW & SOCIAL POLICY
PhD, Yale Law School
JD, Yale Law School
AB, Harvard University
(716) 645-5541 plinden@buffalo.edu
AREAS OF INTEREST CHAPTERS
COMPARATIVE CONSTITUTIONAL LAW
Constitutional Patriotism as Europe’s
CRITICAL POLITICAL AND SOCIAL THEORY
Public Philosophy? On Solidarity and
INTERNATIONAL HUMAN RIGHTS
Responsiveness in Post-National Law,
Combining interests in LAW AND LITERATURE
in EU Constitutional Imagination:
critical political thought with REFUGEE AND ASYLUM LAW
Between Ideology and Utopia
international socio-legal TRANSFORMATIONS OF SOVEREIGNTY
(Jan Komárek, eds., forthcoming).
studies, I study transformations
of legal and political form under ARTICLES Judith Shklar’s Critique of Legalism
contemporary globalization.
The Refugees we are: Solidarity, (with Seyla Benhabib), in The
My current research examines
Asylum, and Critique in the European Cambridge Companion to the
the legality and democratic
Constitutional Imagination, German Rule of Law (Jens Meierhenrich &
legitimacy we find in the
Law Review (forthcoming). Martin Loughlin eds., forthcoming).
overlapping jurisdictions of
the European Union—and
Our Fleeting Moments: Legal Thought in
recommends caution in seeing
a Confessional Key, Law, Culture, and
either commercial integration
the Humanities (forthcoming 2020).
or human rights as adequate
frameworks for justifying
History, System, Principle, Analogy:
and sustaining post-national
Four Paradigms of Legitimacy in
law. In their place, I develop a
European Law, 26 Columbian
critical legal theory centered
Journal of European Law (2020).
on narrative—the extended
temporal character of political
The Subjects of Spatial Statism:
life—as the paradigmatic
Reclaiming Politics and Law in
form in which to reimagine
International Entanglement, 18(1)
solidarity, legal interpretation
International Journal of
and authority, and constituent
Constitutional Law 36, 36-44 (2020).
power beyond the nation-
state. Speaking to the EU’s
enduring challenges, this work
devotes particular attention
to migration and asylum,
where struggles over the
meaning of solidarity, law,
and political membership are
most acute and generative.”
28Martha T. McCluskey
PROFESSOR EMERITUS AND WILLIAM J. MAGAVERN
F A C U LT Y S C H O L A R
JSD, Columbia University School of Law
LLM, Columbia University School of Law
JD, Yale Law School
BA, Colby College
(716) 645-2326 mcclusk@buffalo.edu
AREAS OF INTEREST
Are We Economic Engines Too? Precarity,
LAW AND ECONOMICS
Productivity and Gender, 49 Toledo
CLIMATE JUSTICE
Law Review 631, 631-56 (Spring
CONSTITUTIONAL LAW
2018) (Symposium Issue, Gender
WELFARE LAW My interest is in exploring
Equality: Progress and Possibilities).
GENDER AND LAW questions of economic policy
CRITICAL LEGAL STUDIES and regulation from outside
Civil Justice in the United States:
HEALTH LAW the conventional boundaries
How Access to Courts is Essential
EMPLOYMENT LAW and strained assumptions of
to a Fair Economy (with Thomas
FAMILY LAW ‘private’ law and neo-classical
McGarity, Sidney Shapiro, Karen
DISABILITY LAW economics. As part of the
Sokol & James Goodwin), Center for
CIVIL RIGHTS LAW growing Law and Political
Progressive Reform (Sep. 2018).
RACE AND THE LAW Economy movement, I am
INSURANCE AND THE LAW
active in several scholarly
Defining the Economic Pie, Not Dividing
organizations focused on
OCCUPATIONAL SAFETY AND HEALTH or Maximizing It, 5 Critical Analysis
developing an affirmative
GOVERNMENT ETHICS of Law 77, 77-98 (April 2018).
vision of legal economics
REGULATION
capable of responding to
ENERGY LAW Following the Money in Public
contemporary crises of
HIGHER EDUCATION LAW Higher Education Foundations, 103
climate, health, inequality, and
FINANCE Academe 27, 27-31 (Jan./Feb. 2017).
democracy. My work challenges
ARTICLES CHAPTERS the divide between economics
and social justice, and draws
Lessons from Law and Economics: Law and Economics Against Feminism,
on critical legal perspectives
Building Institutional Power in Oxford Handbook on Feminism
to examine the relationships
for Political Economic Change, and Law in the U.S. (Deborah L.
between economics and
Journal of Law & Political Brake, Martha Chamallas & Verna L.
questions of race, gender, class,
Economy (forthcoming 2021). Williams eds., forthcoming 2021).
sexuality, and disability status.”
All Costs Have a Right, in Eleven Things Big Government Against Social
They Don’t Tell You About Law and Responsibility: A Vulnerability Critique
Economics: An Informal Introduction to of Privatization’s Public Priorities,
Political Economy and the Law, 37 Law in Privatization, Vulnerability,
& Inequality: A Journal of Theory and Social Responsibility 24,
and Practice 105, 105-10 (2019). 24-33 (Martha A. Fineman, Ulrika
Andersson & Titti Mattsson, eds.,
Ashgate/Routledge 2017.)
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