Law Commons^™

A Way Forward For Tax Law And Economics? A Response To Osofsky's "Frictions, Screening, And Tax Law Design", David Gamage

Buffalo Law Review

No abstract provided.

Neofeudalism, Paraethnography And The Custodial Regulation Of Financial Institutions, David A. Westbrook

Journal Articles

No abstract provided.

Dinner Parties During "Lost Decades": On The Difficulties Of Rethinking Financial Markets, Fostering Elite Consensus, And Renewing Political Economy, David A. Westbrook

Journal Articles

Two groups of problems that ought to be understood in relation to one another: economic trends in the North Atlantic societies, and the capacity to collectively thinking, discussing, and even decide on what to do about our economy. Part One argues that economic policy and economic life are not only intertwined, but compromise one another. Part Two uses the World Economics Association's recent virtual conference, Rethinking Financial Markets to discuss some possibilities for fostering collective thought. Part Three briefly discusses the nature of the economy at the present time, i.e., the tasks confronting contemporary economic policy elites.

The Culture Of Financial Institutions: The Institution Of Political Economy, David A. Westbrook

Contributions to Books

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 …

Privatization And The Market Frame, Matthew Titolo

Buffalo Law Review

No abstract provided.

Taxing Family Work: Aid For Affluent Husband Care, Martha T. Mccluskey

Journal Articles

The income of the classic breadwinner married to a homemaker receives a tax advantage under federal income tax law. The conventional wisdom holds that any resulting inequities to unmarried persons or dual-earning marriages cannot be corrected without producing similarly problematic inequities. This Article challenges that dilemma by analyzing the inequity of the marital tax system from a new perspective. This Article argues that the perceived "bonus" for breadwinner-homemaker marriages is best understood as an implicit policy of "aid for affluent husband care." Recent tax reforms (up for renewal in 2010) that partly reduced the "marriagep enalty "for some dualearning couples …

If Not A Commercial Republic? Political Economy In The United States After Citizens United, David A. Westbrook

Journal Articles

In

Citizens United v. Federal Election Commission , a majority of the Supreme Court conceived the United States to be an oligarchy and ruled accordingly. What this decision might come to mean for political economy in the United States is explored through three interrelated responses to the decision. In the first,

Citizens United is a turning point for constitutional law scholarship, and by extension, for what is expected from our legal system. After

Citizens United , legal scholars may abandon the idea that the Court takes legal argument seriously, and that law thereby constrains, as well as expresses, social privilege. …

Stability, Integration And Political Modalities: Some American Reflections On The European Project After The Financial Crisis, David A. Westbrook

Contributions to Books

Published as Chapter 22 in Making Transnational Law Work in the Global Economy: Essays in Honour of Detlev Vagts, Pieter H. F. Bekker, Rudolf Dolzer & Michael Waibel, eds.

To those of us concerned with transnational law, and especially the role of German law on the global stage, it does not need saying that Professor Detlev Vagts is highly deserving of that Germanic and traditional scholarly honour, a Festchrift. (In this context, ‘does not need saying’ of course means ‘should be said repeatedly’.) We all owe Detlev Vagts, and as a Germanic traditionalist, I would be delighted to contribute to …

Tragedy, Law, And Rethinking Our Financial Markets, David A. Westbrook

Journal Articles

No abstract provided.

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia

Buffalo Law Review

No abstract provided.

The Death Of Copyright Protection In Individual Price Valuations, A Flawed Merger Doctrine, And Financial Market Manipulation: New York Mercantile Exchange V. Intercontinentalexchange, Jeremy V. Murray

Buffalo Law Review

No abstract provided.

On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel

Buffalo Law Review

Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …

Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua

Journal Articles

In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …

Forgetting Lochner In The Journey From Plan To Market: The Framing Effect Of The Market Rhetoric In Market-Oriented Reforms, Joel M. Ngugi

Buffalo Law Review

No abstract provided.

Monetary Institutions In An Evolving World, Jean-Marc Gollier

Buffalo Law Review

Book review of Rosa M. Lastra's Legal Foundations of International Monetary Stability

What Now, Kemo Sabe?, Marcella David

Buffalo Law Review

Book review of William Easterly's The White Man's Burden: Why the West's Efforts to Aid the Rest Have Done So Much Ill and So Little Good.

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …

Gary Minda's Boycott In America: How Imagination And Ideology Shape The Legal Mind (Book Review), Robert J. Steinfeld

Book Reviews

No abstract provided.

Insurer Moral Hazard In The Workers' Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression, Martha T. Mccluskey

Journal Articles

This article challenges the standard story of the insurance crisis that led to the near-collapse and major reform of a number of states’ workers’ compensation programs in the 1980s and 1990s.

In the prevailing account, insurance costs rose due to expanding costs of benefits for injured workers’, much of which was blamed on wasteful or abusive "moral hazard" by workers and their lawyers and doctors. Because state regulators had substantial power to control insurance rates, this account claims governments tried to suppress prices in the face of rising benefit costs in a misguided attempt to avoid political trade-offs between labor …

Motherhood And Contract: Always Crashing In The Same Car, Elise Bruhl

Buffalo Women's Law Journal

No abstract provided.

Subsidized Lives And The Ideology Of Efficiency, Martha T. Mccluskey

Journal Articles

No abstract provided.

Fair Division, Michael J. Meurer

Buffalo Law Review

Book review of Hervé Moulin's Cooperative Microeconomics: A Game-Theoretic Introduction and H. Peyton Young's Equity: In Theory and Practice

Social Rights And Economic Development: Converging Discourses?, Henry J. Steiner

Buffalo Human Rights Law Review

No abstract provided.

Beyond Justiciability: Challenges Of Implementing/Enforcing Socio-Economic Rights In South Africa, Shadrack B. O. Gutto

Buffalo Human Rights Law Review

No abstract provided.

The Effect Of Free Trade, Privatization And Democracy On The Human Rights Conditions For Minorities In Eastern Europe: A Case Study Of The Gypsies In The Czech Republic And Hungary, Marc W. Brown

Buffalo Human Rights Law Review

No abstract provided.

The Illusion Of Efficiency In Workers' Compensation "Reform", Martha T. Mccluskey

Journal Articles

From the late 1980s to 1990s, most states enacted major revisions to their workers' compensation systems. These law changes aim to restrict benefits for injured workers in response to perceptions that rising workers' compensation insurance costs had reached crisis levels by the late 1980s. This article analyzes the main features of these benefit reforms, and shows how these reforms reveal the problems of the predominant economic efficiency rationales underlying recent retrenchment of social welfare programs in general.

Using workers' compensation as an example, I argue that a premise central to much of contemporary law and policy - the distinction between …

The Aftermath Of Deindustrialization: The Meaning Of "Economic Restructuring" In Buffalo, New York, David C. Perry, Beverly Mclean

Buffalo Law Review

No abstract provided.

Building A Community Base For Housing Development In The 1990s: A Modest Proposal For Buffalo, New York, George M. Hezel

Buffalo Law Review

No abstract provided.

Community Goals And Economic Development In Buffalo, New Yrk: Interviews With The Common Council, Catherine E. Armitage

Buffalo Law Review

No abstract provided.

Introduction, Peter Pitegoff

Buffalo Law Review

No abstract provided.