Contributions to Books

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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.

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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.

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  Zootopia: Utopia and Dystopia in the Zoological Garden

  Irus Braverman

  Published in Earth Perfect? Utopia, Nature, and the Garden, Annette Giesecle & Naomi Jacobs, eds.

  In this essay I coin the term 'zootopia' to express the utopian and the dystopian impulses at work at the zoo and to allude to their tightly intertwined nature. The essay's first section explores zootopia as a paradise, a place where people live in harmony with a romanticized nature. Simultaneously, zootopia is also a rational project that involves careful planning and detailed control over both animals and their habitat. Finally, the zoo is a theme park: a garden for human entertainment and consumption. In order to survive, the zoo must sell tickets, animal figurines and sponsorships, crackers for feeding the elephants, giraffe art, and the like. Ultimately, the zoo's presentation of nature is utopian, in the sense that it confirms current ideals and makes room for hope about nature's future. However, the awe and amusement that this visitor experiences at the utopian zoo are often overlaid with the fear and guilt implied by the dystopian message that is also present in this space.

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  Scientists at the Bar: The Professional World of Patent Lawyers

  John M. Conley and Lynn M. Mather

  Published as Chapter 16 in Lawyers in Practice: Ethical Decision Making in Context, Leslie C. Levin & Lynn Mather, eds.

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  Legal Contours of Expert Testimony

  Charles Patrick Ewing

  Published as Chapter 4 in Handbook of Psychology Volume 11, Forensic Psychology, Second Edition, Irving B. Weiner & Randy K. Otto, eds.