Contributions to Books

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  What to Do When Disagreement Strikes? The Complexity of Dispute Settlement under Trade Agreements

  Meredith Kolsky Lewis and Peter Van den Bossche

  Published as Chapter 1 in Trade Agreements at the Crossroads, Susy Frankel & Meredith Kolsky Lewis, eds.

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  An Eye Toward Effective Enforcement: A Technical-Comparative Approach to the Drafting Negotiations

  Tara J. Melish

  Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.

  The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting strategies of engagement it pursued. Part II turns to some of the key substantive issues DRI focused on in its interventions and advocacy before the Ad Hoc Committee. Part III concludes with a brief reflection on the CRPD, the ultimate efficacy of DRI's approach, and the road ahead.

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  Property Constructs and Nature's Challenge to Perpetuity

  Jessica Owley

  Published as Chapter 4 in Environmental Law and Contrasting Ideas of Nature: a Constructivist Approach, Keith H. Hirokawa, ed.

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  Student Readings

  Danielle Pelfrey Duryea

  Published in The Clinic Seminar, Deborah Epstein, Wallace Mlyniec, & Jane Aiken, eds.

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  Teaching African-American Legal History

  Stephanie L. Phillips

  Published in Teaching Legal History: Comparative Perspectives, Robert M. Jarvis, ed.

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  Bush v. Gore in the American Mind: Reflections and Survey Results on the Tenth Anniversary of the Decision Ending the 2000 Election Controversy

  Amy Semet, Nathaniel Persily, and Stephen Ansolabehere

  Published as Chapter 3 in Election Administration in the United States: The State of Reform after Bush v. Gore, R. Michael Alvarez & Bernard Grofman, eds.

  Very few, if any, Supreme Court cases have captured public attention on a scale comparable to that of Bush v. Gore. The Supreme Court’s involvement was the last scene in a political and courtroom drama that played out for more than a month on television. Even if the legal claims, let alone the holding, in the case were difficult for the public to understand, the import and consequences of the case were not: George W. Bush would be the next president. As a rare, high-salience case with understandable political consequences and clear winners and losers, Bush v. Gore provided a unique test of the Court’s legitimacy in the public mind.

  Scholars who studied the aftermath of Bush v. Gore found conflicting evidence of the decision’s short-term effect on public attitudes toward the Court (see, e.g., Gibson, Caldeira, and Spence, 2003a, 2003b; Kritzer, 2001; Mate and Wright, 2008; Price and Romantan, 2004). A flurry of articles published between 2001 and 2004 debated whether Bush v. Gore indeed “wounded” the Court’s legitimacy (Gibson et al., 2003a, 2003b; Kritzer, 2001; Price and Romantan, 2004; Yates and Whitford, 2002). Some researchers found that the decision altered short-term attitudes toward the Court with opinion polarized along racial and partisan lines (Kritzer, 2001; Mate and Wright, 2008; Price and Romantan, 2004; Yates and Whitford, 2002), while others found little or no effect on feelings about the Court (Gibson et al., 2003a, 2003b). All seemed to agree, however, that Bush v. Gore led to no long-term effects on public opinion about the Court (Gibson, 2007; Mate and Wright, 2008). Within a year, the Court appeared to recover to its pre–Bush v. Gore levels in public support, and the structure of support did not reveal sustained levels of racial or partisan polarization.

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  The Role of States in the National Conversation on Immigration

  Rick Su

  Published as Chapter 7 in Strange Neighbors: The Role of States in Immigration Policy, Carissa Byrne Hessick & Gabriel J. Chin, eds.

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  International Law

  David A. Westbrook

  Published in The Oxford Encyclopedia of Islam and Politics, Emad El-Din Shahin, ed.

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  Legal Tails: Policing American Cities through Animals

  Irus Braverman

  Published as Chapter 8 in Policing Cities: Urban Securitization and Regulation in a 21st Century World, Randy K. Lippert & Kevin Walby, eds.

  “I don’t worry about the four-legged animals,” Officer Armatys tells me as I scramble to catch up when he enters a backyard with a fierce-looking dog. “It’s the two-legged animals I am concerned about.” I interviewed Officer Armatys twice, first in his office in the Erie County’s Society for the Protection of Animals (ESPCA) and, a few months later, on a ride-along during a routine workday. Based on these encounters and numerous others with members of the ESPCA and with city administrators of animal control, this essay conveys bits and pieces of the story of how the City of Buffalo polices its nonhuman population. Specifically, I focus on the regulation and enforcement of dog laws in the city, what I refer to as “legal tails.” I argue that although seemingly enacted to control dogs, animal laws and ordinances are very much a way to monitor and control the conduct of humans. In the city, human-animal relations are expressed, regulated, and surveilled more closely than anywhere else. Animal laws instruct us which animals are allowed into the city and under what conditions. More than regulating the everyday of urban life as it pertains to animals, humans, and the interrelations thereof, such laws and their enforcement help define the very essence of the city. Indeed, such regulations and systems of surveillance define not only the limits of human conduct, but also the limits of the city itself. Through its distinct matrix of animal-human relationships, the city is distinguished from its significant other, the country, where a different set of animal-human relations is permitted to take place.

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  ADN y Proceso Penal

  Luis E. Chiesa

  Published in Los Estados Unidos: Cinco Problemas, Juan Luis Gómez-Colomer, ed.

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  Criminal Participation in the United States

  Luis E. Chiesa

  Published as Chapter 26 in Participation in Crime: Domestic and Comparative Perspectives, Alan Reed & Michael Bohlander, eds.

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  Religion, Modernity, and Injury in Thailand

  David M. Engel

  Published as Chapter 13 in Religion in Disputes: Pervasiveness of Religious Normativity in Disputing Processes, Franz von Benda-Beckmann, Keebet von Benda-Beckmann, Martin Ramstedt & Bertram Turner, eds.

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  Estado del arte de la filosofía de la responsabilidad extracontractual [Introductory Study: State of Art of Philosophy of Tort Law]

  Jorge Luis Fabra-Zamora

  Published as the introduction to Filosofía de la Responsabilidad Extracontractual, Carlos Bernal Pulido & Jorge Fabra-Zamora, eds.

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  The Web of Trade Agreements and Alliances, and Impacts on Regulatory Autonomy

  Susy Frankel, Meredith Kolsky Lewis, Chris Nixon, and John Yeabsley

  Published as Chapter 2 in Recalibrating Behaviour: Smarter Regulation in a Global World, Susy Frankel & Deborah Ryder, eds.

  This book chapter analyses how globalisation has changed and continues to change the nature of trade policy, and consequently affects the ways in which international trade policy interacts with domestic policies to shape the structure of domestic regulation. The chapter compares and contrasts the structure and negotiating methods of different types of trade agreements and alliances and looks at the circumstances where one type of agreement may favour New Zealand over another. The chapter proposes that the multilateral (or many party) agreement is the preferred one because New Zealand has a better chance of coordinating interests with like-minded countries. Conversely, agreements where New Zealand interests either are given no say, or where they are not accommodated because the “top-down” dictated terms are too strong, are not considered the best economic strategy. Agreements which are often, although not always, more of a “bottom-up” integration process tend to work better to improve the overall New Zealand position. Whatever the form of the agreement, the pros and cons need to be carefully considered, particularly where the terms of the agreement may become multilateralised.

  The chapter uses patent law and particularly the demands of the United States, in the Trans-Pacific Partnership (TPP) negotiations, to illustrate the potential difficulties of such top-down agreements. The chapter relies on detailed research not only about trade agreements, but also about how New Zealand no longer has patent term extension and why the current demands of patent term extension represent an economic loss for New Zealand. The question discussed is that when there is such a loss, what the gain is. As well as the TPP, the chapter looks at what is known as ASEAN 6 negotiations and the durability of that potential arrangement.

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  Daughters Of The Buddha: The Sakyadhita Movement, Buddhist Law And The Position Of Buddhist Nuns

  Rebecca Redwood French

  Published as Chapter 16 in Feminism, Law, and Religion, Marie Failinger, Elizabeth Schiltz & Susan J. Stabile, eds..

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  Corporate Liquidations

  Stuart G. Lazar

  Published as Chapter 8 in White on New York Business Entities.

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  The S Corporation Alternative

  Stuart G. Lazar

  Published as Chapter 3 in White on New York Business Entities.

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  Open Accession Provisions in FTAs: A Bridge Between Regionalism and Multilateralism?

  Meredith Kolsky Lewis

  Published as Chapter 6 in Multilateralism and Regionalism in Global Economic Governance: Trade, Investment and Finance, Junji Nakagawa, ed.

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  The Significance of the Trans-Pacific Partnership for the Asia-Pacific

  Meredith Kolsky Lewis

  Published in El Acuerdo de Asociación Transpacífico (TPP): ¿bisagra o confrontación entre el Atlántico y el Pacífico?, Arturo González Oropeza, ed.

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  Child Welfare Law in the United States

  Susan Vivian Mangold

  Published as entry in Oxford Bibliographies in Childhood Studies, Heather Montgomery, ed.

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  Public Interest Litigation and the Transformation of the Supreme Court of India

  Manoj Mate

  Published as Chapter 10 in Consequential Courts: Judicial Roles in Global Perspective, Diana Kapiszewski, Gordon Silverstein & Robert A. Kagan, eds. (2013).

  The Supreme Court of India today is arguably one of the most powerful constitutional courts in the world. The Court has taken on an active and central role in the governance of the Indian polity through its activity in public interest litigation cases, and in some cases, has virtually taken over functions that were once the domain of Parliament and the Executive. Within the past two decades, the Indian Court wrested control over judicial appointments from the Executive, and assumed a leading role in policymaking in the areas of affirmative action, environmental policy, education, and development. The Court has generally exerted a great deal of authority in securing compliance with decisions in which it has asserted expanded power. However, during the first two decades after India's independence, the Court played a relatively limited role in governance. How can one explain the expansion of the Court's role in Indian politics today?

  This chapter examines a critical “moment” in the expansion of judicial power in India: the development of the Public Interest Litigation (PIL) regime in the post–Emergency Indian Court. Following the end of Indira Gandhi's Emergency regime (1975–1977) and the election of the Janata party government in 1977, the Supreme Court of India expanded popular access to the Court and broadened its own power and jurisdiction through PIL cases involving repression of human rights and malgovernance. Through PIL, the Indian Court asserted itself as a “champion” of the rule of law and responsible governance in the 1980s, although the Court avoided direct challenges to the policies and actions of the Executive and Parliament in this period. As India transitioned from an era of one-party rule under the Congress party to an era of multiparty politics and coalition governments in the early 1990s, the Court became more assertive in challenging the central government, particularly in key governance domains including judicial appointments, corruption and accountability, and environmental policy.

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  Lawyerly Fidelity: An Ethical and Empirical Critique

  Lynn M. Mather

  Published as Chapter 5 in Loyalty (Nomos: 54), Sanford V. Levinson, Joel Parker & Paul Woodruff, eds.

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  Savages, Victims & Saviors: The Metaphor of Human Rights

  Makau wa Mutua

  Published in Laws and Societies in Global Contexts: Contemporary Approaches, Eve Darian-Smith, ed.

  Edited version of Makau Mutua, Savages, Victims, and Saviors: The Metaphor of Human Rights, 42 Harv. Int'l L.J. 201 (2001), available at: http://digitalcommons.law.buffalo.edu/articles/570.

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  Why Kenya is a Nation in Embryo

  Makau wa Mutua

  Published in 50 Years Since Independence: Where is Kenya?, Susan Wakhungu-Githuku, ed.

  Kenya, like most post-colonial African states, has yet to cohere into a nation. It is a nation in embryo. Nation building has been retarded by a kleptocratic elite incapable of defining -- and sustaining -- Kenya's national interests. Public corruption, political mobilization along ethnic lines, and an underdeveloped party culture have undermined the creation of a national consciousness in East Africa's anchor state.

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  Use of conservation easements by local governments

  Jessica Owley

  Published as Chapter 12 in Greening Local Government: Legal Strategies for Promoting Sustainability, Efficiency, and Fiscal Savings, Keth H. Hirokawa & Patricia E. Salkin, eds.