The DC@UB Law Faculty Book collection includes information on books published 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.
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Progressive Black Masculinities
Athena D. Mutua
In the struggle for pride and political agency, the imperative to 'be a man' has been central to the lives of black males. Yet, what it means to be a black man-in terms of both racial and gender identity-has been subject to continual debate in public and academic spheres alike.
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Wetlands Law and Policy: Understanding Section 404
Kim Diana Connolly, Stephen M. Johnson, and Douglas R. Williams
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Interpreting State Constitutions: A Jurisprudence of Function in a Federal System
James A. Gardner
Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states.
With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court.
James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination. The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.
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Civil Penalties, Social Consequences
Christopher Mele and Teresa A. Miller
Mele and Miller offer a timely, insightful analysis of the continuing challenges faced by ex-felons upon re-entry into society. Such penalties include a lifetime ban on receiving welfare and food stamps for individuals convicted of drug felonies as well as barriers to employment, child rearing, and housing opportunities. This much-needed work contains pieces by scholars in law, criminology, and sociology, including: Scott Christianson, Michael Lichter, and Daniel Kanstroom.
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Employment Discrimination Law: Cases and Materials on Equality in the Workplace
Robert Belton, Dianne Avery, Maria L. Ontiveros, and Roberto L. Corrada
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The Employee Retirement Income Security Act of 1974: a political history
James A. Wooten
This study of the Employee Retirement Income Security Act of 1974 (ERISA) explains in detail how public officials in the executive branch and Congress overcame strong opposition from business and organized labor to pass landmark legislation regulating employer-sponsored retirement and health plans. Before Congress passed ERISA, federal law gave employers and unions great discretion in the design and operation of employee benefit plans. Most importantly, firms and unions could and often did establish pension plans that placed employees at great risk for not receiving any retirement benefits. In the early 1960s, officials in the executive branch proposed a number of regulatory initiatives to protect employees, but business groups and most labor unions objected to the key proposals. Faced with opposition from powerful interest groups, legislative entrepreneurs in Congress, chiefly New York Republican senator Jacob K. Javits, took the case for pension reform directly to voters by publicizing frightening statistics and "horror stories" about pension plans. This deft and successful effort to mobilize the media and public opinion overwhelmed the business community and organized labor and persuaded Javits's colleagues in Congress to support comprehensive pension reform legislation. The enactment of ERISA in September 1974 recast federal policy for private pension plans by making worker security an overriding objective of federal law.
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Rights of Inclusion: law and identity in the life stories of Americans with disabilities
David M. Engel and Frank W. Munger
Rights of Inclusion provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims.
Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.
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City of Gold: An Apology for Global Capitalism in a Time of Discontent
David A. Westbrook
David A. Westbrook argues that we live in "the city of gold"--a global, cosmopolitan polity where politics are done through markets, and where global capital markets, not states, have become the dominant force in our social life.
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Protecting Economic, Social and Cultural Rights in the Inter-American Human Rights System: A Manual on Presenting Claims
Tara J. Melish
This book offers human rights practitioners and scholars a lens into strategies and arguments for the protection of economic, social and cultural rights before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, particularly through the regional system's individual petitions process. It systematically compiles the regional bodies' major statements on social rights from the 1960s through 1999, describes the system's procedures, and offers strategic pathways and arguments for finding social rights protections solidly grounded in each of the regional system's major human rights instruments. It also offers a model petition and provides strategic advice on framing claims, processing petitions, and enforcing decisions before the inter-American human rights bodies.
Based on research completed in 1999, its review of the system's jurisprudence and procedure is today grossly outdated, although instructive from an historical perspective. The author's view of certain arguments has likewise changed with time and experience. For a more up-to-date review of the social rights jurisprudence of the Inter-American Court of Human Rights (updated to 2011), see http://ssrn.com/abstract= 1810897. For a more up-to-date review of the social rights jurisprudence of the Inter-American Commission on Human Rights (updated to 2008), see http://ssrn.com/abstract= 1000275.
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Human Rights: A Political and Cultural Critique
Makau wa Mutua
In 1948 the United Nations adopted the Universal Declaration of Human Rights, and with it a profusion of norms, processes, and institutions to define, promote, and protect human rights. Today virtually every cause seeks to cloak itself in the righteous language of rights. But even so, this universal reliance on the rights idiom has not succeeded in creating common ground and deep agreement as to the scope, content, and philosophical bases for human rights.
Makau Mutua argues that the human rights enterprise inappropriately presents itself as a guarantor of eternal truths without which human civilization is impossible. Mutua contends that in fact the human rights corpus, though well meaning, is a Eurocentric construct for the reconstitution of non-Western societies and peoples with a set of culturally biased norms and practices.
Mutua maintains that if the human rights movement is to succeed, it must move away from Eurocentrism as a civilizing crusade and attack on non-European peoples. Only a genuine multicultural approach to human rights can make it truly universal. Indigenous, non-European traditions of Asia, Africa, the Pacific, and the Americas must be deployed to deconstruct—and to reconstruct—a universal bundle of rights that all human societies can claim as theirs.
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Coercion, Contract, and Free Labor in the Nineteenth Century
Robert J. Steinfeld
This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the use of sanctions to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.
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Literary Criticisms of Law
Guyora Binder and Robert Weisberg
In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies.
Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.
