The DC@UB Law Faculty Contributions to Books collection includes information on books, book chapters, encyclopedia entries and other contributions published in books by all current and emeritus University at Buffalo School of Law faculty members. Links to purchase books are included where the books are still in print. Full text chapters are included where publisher policies permit their inclusion.
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Collateral Civil Penalties as Techniques of Social Policy
Christopher Mele and Teresa A. Miller
Published as Chapter 1 in Civil Penalties, Social Consequences, Christopher Mele & Teresa A. Miller, eds.
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El Litigio Supranacional de los Derechos Económicos, Sociales y Culturales: Avances y Retrocesos en el Sistema Interamericano
Tara J. Melish
Published in Los Derechos Económicos, Sociales Y Culturales.
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By Any Means Necessary: Collateral Civil Penalties of Non-U.S. Citizens and the War on Terror
Teresa A. Miller
Published as Chapter 4 in Civil Penalties, Social Consequences, Christopher Mele & Teresa A. Miller, eds.
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Federal Wetlands Regulation: An Overview
Douglas R. Williams and Kim Diana Connolly
Published as Chapter 1 in Wetlands Law and Policy: Understanding Section 404, Kim Diana Connolly, Stephen M. Johnson & Douglas R. Williams, eds.
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The Freedom of Access to Clinic Entrances Act of 1994
Lucinda M. Finley
Published in Major Acts of Congress, Brian K. Landsberg, ed.
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The Story of Roe v. Wade: From a Garage Sale for Women's Lib, to the Supreme Court, to Political Turmoil
Lucinda M. Finley
Published in Constitutional Law Stories, Michael C. Dorf, ed.
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Workers' Compensation
Martha T. McCluskey
Published in Poverty in the United States : An Encyclopedia of History, Politics, and Policy, Gwendolyn Mink & Alice O’Connor, eds.
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Law and Constitutionalism in the Mirror of Non- Governmental Standards: Comments on Harm Schepel
Errol E. Meidinger
Published as Chapter 10 in Transnational Governance and Constitutionalism, Christian Joerges, Inger-Johanne Sand & Gunther Teubner, eds.
This paper examines some of the potential constitutional implications of the growing reliance on, and apparent increasing legitimacy, of non-state standard setting, as documented in the work of Harm Schepel. It argues, among other things, that private standard setting increasingly exhibits the procedural characteristics of public law processes; that increasing reliance is being placed on the invocation of principles to achieve a modicum of regulatory coordination; and that the reliance on private standard setting, which in fact has many “public” elements, may be changing what it means to be “public,” and indeed what it means to be constitutional. The paper concludes by suggesting that these developments may challenge the conventional definition of what it means to be a legal scholar.
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African Human Rights Organizations: Questions of Context and Legitimacy
Makau wa Mutua
Published as Chapter 13 in Human Rights, the Rule of Law, and Development in Africa, Gaby Oré Aguilar & Felipe Gómez Isa, eds.
The human rights movement is largely the product of the horrors of World War II. The development of its normative content and structure is the direct result of the abominations committed by the Third Reich during that war. Drawing on the Western liberal tradition, the human rights movement arose primarily to control and contain state action against the individual. It is ironic that it was the victors of the war, most of whom held colonies in Africa, who determined and prevailed upon the United Nations to give form and content to the human rights movement. It is this exclusionary beginning and lack of genuine universality – the absence of major cultures and geographically specific historical perspectives – that are the source of serious tensions within the human rights movement today. This chapter examines the problems raised by the transplantation of this movement – which is uniquely a creature of the North – to Africa and the prospects for viable nongovernmental human rights organizations (NGOs) on the continent. There is no future for the human rights movements in Africa unless it can secure domestic ideological, financial, and moral support from interested constituencies.
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Proselytism and Cultural Integrity
Makau wa Mutua
Published as Chapter 28 in Facilitating Freedom of Religion or Belief: A Deskbook, Tore Lindholm, W. Cole Durham Jr. & Bahia G. Tahzib-Lie, eds.
On March 12, 2000, Pope John Paul II issued a historic statement in which the Catholic Church publicly acknowledged for the first time some of the gross human rights violations that it has committed, perpetrated, condoned, or tolerated over its two thousand year history. While a step in the right direction, the confession and plea for forgiveness failed to address the basic contradictions between proselytizing, universalist faiths and indigenous religions and cultures, and the underlying arrogant and inflexible assumption of the moral, ethical, and racial superiority of the former over the latter. It is this vexed relationship between imperial faiths and the indigenous beliefs and moral universes of non-white, non-European, and non-Arabic peoples of Africa, Asia, the Pacific, and the Americas that is subject of this inquiry. Using Africa as an illustration, this chapter deconstructs the meaning of the freedom of religion or belief at the point of conflict between the universalist faiths and African religions. It argues that the meeting of the two universes resulted in cultural genocide. It problematizes the concept of the right to the free exercise of religion, which includes the right to proselytize in the presumed marketplace of religions.
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The Complexity of Universalism in Human Rights
Makau wa Mutua
Published as Chapter 2 in Human Rights With Modesty: The Problem of Universalism, András Sajó, ed.
This piece suggests that all claims of universalism must be approached with caution and trepidation. Visions of universality and predestination have been intertwined throughout modern history, and have been deployed as the linchpin for advancing narrow, secretarian, and exclusionary ideas and practices. Universality is not a natural phenomenon, but is always constructed by an interest for a specific purpose with a definite interest. How are local truths legitimately transformed into universal creeds? What value judgments are made, who makes those judgments, how they are made, and for what purposes? Ultimately, we must ask ourselves what good is intended by universal creeds - and whether they redound to the benefits of peoples everywhere. This piece presents a view of human rights that questions the assumptions of the major actors in the human rights movement. It attempts to make an explicit link between human rights norms and the fundamental characteristics of liberal democracy as practiced in the West, and to question the mythical elevation of the human rights corpus beyond politics and political ideology.
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The Hope for Sustainable Development: Visions of History and the Pragmatism of Environmentalists
David A. Westbrook
Published as Chapter X in The Jurisdynamics of Environmental Protection: Change and the Pragmatic Voice in Environmental Law, Jim Chen, ed.
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The Employee Retirement Income Security Act of 1974
James A. Wooten
Published in Major Acts of Congress, Brian K. Landsberg, ed.
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"Above All, Do No Harm": The Role of Health and Mental Health Professionals in the Capital Punishment Process
Charles Patrick Ewing
Published in America's Experiment with Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction, Second Edition, James R. Acker, Robert M. Bohm & Charles S. Lanier, eds.
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Expert Testimony: Law and Practice
Charles Patrick Ewing
Published in Handbook of Psychology. Volume 11, Forensic Psychology, A.M. Goldstein, ed.
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Beverly Blair Cook: The Value of Eclecticism
Lynn M. Mather
Published in The Pioneers of Judicial Behavior, Nancy Maveety, ed.
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Gender in Context: Women in Family Law
Lynn M. Mather
Published as Chapter 3 in Women in the World's Legal Professions, Ulrike Schultz & Gisela Shaw, eds.
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Forest Certification as a Global Civil Society Regulatory Institution
Errol E. Meidinger
Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.
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Forest Certification as Environmental Law Making by Global Civil Society
Errol E. Meidinger
Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.
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The Fundamentals of Forest Certification
Errol E. Meidinger, Christopher Elliott, and Gerhard Oesten
Published in Social and Political Dimensions of Forest Certification, Errol Meidinger, Christopher Elliott & Gerhard Oesten, eds.
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The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law
James B. Atleson
Published as Chapter 19 in Labour Law in an Era of Globalization: Transformative Practices and Possibilities, Joanne Conaghan, Richard Michael Fischl & Karl Klare, eds.
This chapter recounts the troubled voyage of the Neptune Jade, a cargo ship caught in the midst of a dockworkers' dispute that began in Britain but attracted expressions of solidarity from dockworkers all over the world. It deploys the image of the endlessly voyaging Neptune Jade as a metaphor for the relentless search for solidarity in the midst of changing and highly unpredictable economic and political seas. Why should strikes aimed at supporting workers elsewhere not be deemed to involve basic rights? If a nation privileges political speech, why are expressions of views, voiced by withholding labour, not considered worthy of protection? The poignant absurdity to which this issue gives rise is illustrated by US laws protection of the right of unions to handbill consumers even though action is secondary, on the ground that it is protected by the First Amendment.
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Twentieth-Century Legal Metaphors for Self and Society
Guyora Binder
Published in Looking Back at Law's Century, Austin Sarat, Bryant Garth & Robert A. Kagan, eds.
Contract was a powerful trope at the nineteenth century’s end, representing society as a dynamic field of competing and transacting wills. This paper traces the emergence of other legal metaphors for society in twentieth century American legal thought, social thought, and popular culture. The newer legal metaphors included interests, claims, process, institutions, and transactions. Taken together, these metaphors testified to a new experience of the self as a contingent performance enabled by an institutional medium or network.
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Criminal Defenses
Charles Patrick Ewing
Published in Encyclopedia of Crime and Punishment, David Levinson, ed.
