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.
-
The American Celebration of Whiteness
Judy Scales-Trent
Published as Chapter 6 in Whiteness: Feminist Philosophical Reflections, Chris J. Cuomo & Kim Q. Hall, eds.
-
Words from a Largely Forgotten Man
John Henry Schlegel
Published as Chapter 17 in The Fundamental Interrelationships between Government and Property, Nicholas Mercuro & Warren J. Samuels, eds.
After I had agreed to contribute to this volume, I reflected on the not so subtle irony of my doing so. My hero, if I have any hero, is the American Legal Realist, Underhill Moore. His first significant publication was a savage criticism of a book much like this one, a book called The Rational Basis of Legal Institutions, that offered a series of essays on several legal institutions-liberty, property, succession, the family and punishment. Moore observed that legal institutions were only patterns of habitual human behavior, the rationality of which depended on the ends to which the behavior was a means and so rephrased the editor’s question as, “What are the means to legal institutions and to what proximate ends are legal institutions means? Concretely, of what facts are group habits consequences and what are the consequences of group habits?” (Moore 1923).
-
Changing Legal Conceptions of Free Labor
Robert J. Steinfeld
Published in Terms of Labor: Slavery, Serfdom, and Free Labor, Stanley L. Engerman, ed.
-
How Does Law Matter in the Constitution of Legal Consciousness?
David M. Engel
Published in How Does Law Matter?, Bryant G. Garth & Austin Sarat, eds.
-
"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, James R. Acker, Robert M. Bohm & Charles S. Lanier, eds.
-
The Crossings of Benpa Topgyal: The Changing Legal Identity of a Tibetan Refugee
Rebecca Redwood French
Published in Crossing Boundaries: Traditions and Transformations in Law and Society Research, Austin Sarat, Marianne Constable, David Engel, Valerie Hans & Susan Lawrence, eds.
-
Laws and Institutions in Cross-Boundary Stewardship
Errol E. Meidinger
Published as Chapter 4 in Stewardship Across Boundaries, Richard L. Knight & Peter Landres, eds.
Jurisdictional fragmentation makes cross-boundary stewardship ("CBS") essential to intelligent and efficient environmental policy. CBS depends heavily on the legal and institutional context in which it is practiced, and this paper provides an overview of laws and institutions affecting CBS in the United States. The first section discusses the basic nature of boundaries and stewardship, arguing among other things that boundaries have positive as well as negative functions. The next two sections describe the basic types of resource owners in American law and the laws governing how they interact with each other and society. Because the laws both reflect and support larger institutional structures, the fourth section outlines the broad institutional patterns which seem to describe our current legal structure. It traces a broad and halting change from bureaucratic toward networked decision structures. The fifth section highlights key areas of stress and change in the present system, focusing on four trends: (a) growing privatization of policy-making, (b) movement from rule toward discretion, (c) decentralization, (d) politicization of information. The concluding section discusses the implications of the preceding analysis and offers some suggestions for changes in laws governing information and economic cooperation.
-
The History of Mainstream Legal Thought
Elizabeth B. Mensch
Published as Chapter 1 in The Politics of Law: A Progressive Critique, third edition, David Kairys, ed.
-
Legal Developments in the Electronic Securities Markets: Online Trading Systems and the Use of Websites for Offshore Internet Offers
David A. Westbrook, Brandon Becker, and Lyle Roberts
Published as Chapter 22 in Securities Law & The Internet 1998: Doing Business In a Rapidly Changing Marketplace, Stephen J. Schulte, Michelle C. Wallach & Brandon Becker, eds.
-
Online Trading: Issuers, Broker-Dealers and SROs
Brandon Becker, David A. Westbrook, and Soo J. Yim
Published in Securities in the Electronic Age: A Practical Guide to the Law and Regulation, John F. Olson, Harvey L. Pitt & Glasser LegalWorks, eds.
-
Some Preliminary Remarks on the Nature of the Tibetan Legal System from the Perspective of Comparative Law
Rebecca Redwood French
Published in Tibetan Studies, Volume 1: Proceedings of the 7th Seminar of the International Association for Tibetan Studies, Graz, 1995, Helmut Krasser, Michael Torsten Much, Ernst Steinkellner & Helmut Tauscher, eds.
-
Fear of Feminism: The Media Debate about Victims and Violence on College Campuses
Martha T. McCluskey
Published as Chapter 6 in Feminism, Media and the Law, Martha A. Fineman & Martha T. McCluskey, eds.
-
Organizational and Legal Challenges for Ecosystem Management
Errol E. Meidinger
Published in Creating a Forestry for the 21st Century: The Science of Ecosystem Management, Kathryn A. Kohm & Jerry F. Franklin, eds.
This article attempts to clarify the central organizational and legal challenges confronting efforts to establish ecosystem-based management of natural resources in the U.S. It first summarizes the general organizational requirements of ecosystem management, including coordinated information gathering and analysis, coordinated management, and social learning and adaptation. Next it describes the overall structure of land ownership in the US and the primary kinds of legal mandates under which land managers operate. It argues that the ideal of ecosystem management is too general and discretionary to be translated directly into a legal mandate, and that therefore ecosystem management must be understood as dependent on the interactions of many legal and institutional factors. It then describes alternative models of organizational management available to land holders, including various forms of bureaucratic, matrix, project oriented, and loosely coupled organization. Finally it reviews several specific kinds of laws, including public land management statutes, administrative laws, antitrust laws, and takings law, that are likely to have significant effects on efforts to undertake ecosystem management. The article concludes that while existing laws need not prevent the emergence of ecosystem management, they are likely to make it difficult. Creative strategies and a certain amount of risk taking will be necessary in the near term. It will probably take a long time for the laws to adapt to the changed organizational relationships required by ecosystem management.
-
Kindred and Kin: One Story from a Seminar on Literature and Law
Judy Scales-Trent
Published in Beyond Portia: Women, Law and Literature in the United States, Jacqueline St. Joan & Annette Bennington McElhiney, eds.
-
Labor – Free or Coerced? An Historical Reassessment of Differences and Similarities
Robert J. Steinfeld and Stanley L. Engerman
Published in Free and Unfree Labour: The Debate Continues, Tom Brass & Marcel van der Linden, eds.
-
Critical Legal Studies
Guyora Binder
Published in Companion to Philosophy of Law and Legal Theory, Dennis Patterson, ed.
-
The Pharmaceutical Industry and Women's Reproductive Health: The Perils of Ignoring Risk and Blaming Women
Lucinda M. Finley
Published in Corporate Victimization of Women, Elizabeth Szockyj & James G. Fox, eds.
-
Law and Anthropology
Rebecca Redwood French
Published in A Companion to the Philosophy of Law and Legal Theory, Dennis Patterson, ed.
-
Tibetan Legal Literature: The Law Codes of the dGa’ldan pho brang
Rebecca Redwood French
Published in Tibetan Literature: Studies in Genre, José Ignacio Cabezon & Roger Jackson, eds.
-
Limitations on Religious Rights: Problematizing Religious Freedom in the African Context
Makau wa Mutua
Published in Religious Human Rights in Global Perspective: Legal Perspectives, Johan D. van der Vyver, John Witte & Jr., eds.
The piece argues that the two messianic faiths - Christianity and Islam - are driven by proselytizing impulses that have violated the cultural integrity and humanity of Africans. The conscious, willful, and planned displacement of African religions goes beyond the legitimate bounds of religious advocacy and violates the human rights of Africans. This orchestrated process of the vilification and demonization of African religions represents more than just an attack on the religious freedoms of Africans - it is an act of cultural genocide and a repudiation of the humanity of Africans.
-
The Role of Law and Union Organizing: Thoughts on the United States and Canada
James B. Atleson
Published in Unions and public policy :the new economy, law, and democratic politics, Lawrence G. Flood, ed.
-
The Fired Football Coach (Or, How Trial Courts Make Policy)
Lynn M. Mather
Published as Chapter 8 in Contemplating Courts, Lee Epstein, ed.
-
Sandra Day O'Connor
Elizabeth B. Mensch and Alan David Freeman
Published in The Justices of the United States Supreme Court: Their Lives and Major Opinions, Leon Friedman & Fred L. Israel, eds.
-
Law Schools and James C. Carter
James A. Wooten
Published in Encyclopedia of New York City, Kenneth T. Jackson, ed.