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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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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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
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 Chapter 67 in 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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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 W. 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 W. 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.
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Discipline of Students With Disabilities Attending Public Schools in New York State
Melinda Saran and Kathleen E. Surgalla
Published as Chapter 5 in Disability Law and Practice -- Book One: Special Education, Assistive Technology and Vocational Rehabilitation, Nancy Maurer & Simeon Goldman, eds.
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Critical Legal Studies
John Henry Schlegel
Published as Chapter 27 in A Companion to American Legal History, Sally E. Hadden & Alfred L. Brophy, eds.
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The Culture of Financial Institutions: The Institution of Political Economy
David A. Westbrook
Published as Chapter 1 in Integrity, Risk and Accountability in Capital Markets: Regulating Culture, Justin O'Brien & George Gilligan, eds.
The 19th century legal historian Henry Maine famously defined progress, and by extension, liberal modernity, as the substitution of relations based on status (especially family and title), to relations based on contract, especially trade and employment. The article suggests that Maine's assertion, however comforting as a political matter, simply does not hold with regard to the credit relations central to contemporary society. Credit transactions, even retail transactions, are based on trust and interlocking webs of obligation across agents (until recently called, in the law, servants). In short, the contemporary economy may be imagined in neo-feudal as well as neo-liberal terms. In light of the nature of contemporary finance, as well as rising and at present intractable inequality, a neo-feudal imagination may indeed seem more apposite. A neo-feudal imagination of finance implies "custodial regulation" of financial regulation: privilege and power (inequality) is recognized, but accompanied by personal obligation. The public/private distinction is thus largely effaced. In this view, the crisis of politically significant institutions should lead to the personal ruin of managers even when government intervention is deemed necessary. Conversely, the end of a crisis should not signal that those who run institutions on which society depends may claim to be private citizens. Viewed as a problem of leadership, substantive financial regulation is achieved through negotiation among various elites as to what constitutes prudent action within, a financial world far too complex to be modeled by rules. Thus the indeterminacy (unworkability) of contemporary financial regulation is determined (resolved) through the sorts of conversations that contemporary anthropologists call "paraethnographic." Whether or not this can work is open to serious question.
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Law and Literature
Guyora Binder
Published in Contemporary Literary and Cultural Theory: The Johns Hopkins Guide, Michael Groden, Martin Kreiswirth & Imre Szeman, eds.