Illustration by Nicolle Rager Fuller, courtesy of the U.S. National Science Foundation. "NSF: transforming the world through science.".

"NSF: transforming the world through science."  Illustration  by Nicolle Rager Fuller, courtesy of the National Science Foundation.

Message from Samantha Barbas, Director

Samantha Barbas.

Samantha Barbas

Welcome to the Spring 2021 edition of The Baldy Center Magazine. The past academic year has been a challenging time for all of us, as we’ve adapted to virtual research, online engagement, and socially distanced lives.

The Baldy Center's past and present fellows and grant recipients have demonstrated extraordinary resilience in advancing their important research in these changing and unusual times. This issue of the magazine highlights the work of The Baldy Center's affiliated scholars on an array of subjects and topics, all focused on themes of crisis and resolution. 

We feature the work of David Herzberg and Marie Jauffret-Roustide, who each confront the global public health crisis of drug use and addiction in their work. We present Deborah Waldrop’s work at the intersection of law and health care, with her focus on end-of-life decision-making. We focus on how Alison Des Forges' passion for justice as a scholar/activist on the world's stage became the inspiration for an educational enterprise sponsored, in part, by the Baldy Center since 2012.

An insight article highlights Joanne McLaughlin’s study of intersectionality of age and gender in discrimination law and policy. The magazine also profiles of five scholars at the University at Buffalo pursuing exciting new research in the law and society field. We invite you to learn about our cutting-edge work at the intersection of law, legal institutions, and social policy in our virtual magazine.

FEATURE ARTICLES

THE BALDY CENTER BLOG

  • Silverman, Patterson, Wang: Taking on Stereotypes to Protect Fair and Affordable Housing Policies
    8/30/24

    Our article, “Questioning Stereotypes about U.S. Site-Based Subsidized Housing” (forthcoming in the International Journal of Housing Markets and Analysis), grew out of work done with the support of a Baldy Center research grant. The research examined data for all public housing and other site-based subsidized properties in the U.S. in order to determine the veracity of long-standing stereotypes about these properties. Stereotypes about government subsidized housing have dominated public discourse since the early 1950s. In many respects, these stereotypes have penetrated debates about public policies designed to address the shortage of affordable housing and become a mainstay in American society. This is true when public housing is discussed, but also with respect to the spectrum of fair and affordable housing policy. Read the blog.

  • Jinting Wu, Disability Segregation in an Age of Inclusion: Navigating Educational Pathways through Special Education Schools in Contemporary China
    8/30/21

     Across the globe, the impact of child disability on educational inequality has been relatively neglected. My current research focuses on the rising number of children with disabilities who grow up with stigma and bleak futures in China’s segregated special schools. By focusing on a uniquely marginalized population in a segregated educational setting, this research fills a compelling need to understand the intersection of disability and segregation – a dual marginality that continues to exist globally yet remains under-examined in educational, legal, and disability studies literature to date. Read the blog.

  • Matthew Steilen, The Place of Norms in Separating Power
    8/30/21

    One of the chief intellectual discoveries of the past four years has been the degree to which government rests on norms: on a shared sense of the proper way to go about the business of government. This is unsurprising for followers of the law and society movement, with which the Baldy Center is so closely associated. From the beginning, scholars of law and society have demonstrated the limits of formalism in explaining how the law actually works. One can think of the Trump presidency as finally demonstrating for the wider world of legal scholars, the essential role of shared understandings, legal culture, accepted practice, informal conventions, and customs in our separation of powers. The judge-made doctrine has changed only at the margins, and its major holdings remain intact, but the real meaning of separation of powers has been altered dramatically. Read the blog.

  • Jaekyung Lee and Namsook Kim, “Aliens” on College Campuses: Immigrant and International Students’ Educational Opportunities and Challenges
    8/30/21

    We would like to start with a pop quiz. What is one of the common background characteristics of the following people (in categories 1 and 2 each)?

    (1) Madeline Albright (Former US Secretary of State), Kamala Harris (US Senator, Vice President Candidate), Sergey Brin (Google Co-Founder)

    (2) Kofi Annan (Former UN Secretary-General, Nobel Peace Laureate), Juan Manuel Santos (Former President of Columbia, Nobel Peace Laureate), Robin Yanhong Li (Baidu Co-Founder)

    Read the blog.

  • Nadine Shaanta Murshid, Unprecedented Times
    8/30/21

    In my work, I focus on violence which is explicitly and implicitly embedded in patriarchy, racism, and capitalism. I hold institutions accountable as I analyze policies and procedures that produce the social problems that we see around us. Here are four thoughts I’d like to shareRead the blog.

  • Elizabeth Bowen and Nicole Capozziello, A Human Rights Perspective on Homelessness and COVID-19
    8/30/21

    One of the most widely-used comprehensive sex ed curricula in the U.S. is entitled, Making Proud Choices! Echoing this cheerleading (and imploring) sentiment is the sex ed program offered youth in Maryland’s juvenile justice and child welfare systems, Power Through Choices, which includes the lesson, Creating the Future You WantRead the blog.

  • Laina Y. Bay-Cheng, No Choice But “Yes”: Strategic Consent to Unwanted Sex
    8/30/21

    One of the most widely-used comprehensive sex ed curricula in the U.S. is entitled, Making Proud Choices! Echoing this cheerleading (and imploring) sentiment is the sex ed program offered youth in Maryland’s juvenile justice and child welfare systems, Power Through Choices, which includes the lesson, Creating the Future You WantRead the blog.

  • Aldiama Anthony reflects on a study by Anya Bernstein, “Interpenetration of Powers: Channels and Obstacles for Populist Impulses”
    8/30/21

    A study conducted by a Baldy Center research grant recipient, Anya Bernstein, “Interpenetration of Powers: Channels and Obstacles for Populist Impulses,” turns to political pragmatics focused on the people who actually populate the government by drawing on interviews with administrators in the government of two successful but quite different democracies – the United States and Taiwan. The study explores the separation of powers consciousness, the political identity of those who govern, and the separation, interpretation, and executive consolidation of government. Read the blog.

  • Rachael K. Hinkle, Unintended Consequences. How the Publication Norm as a Tool of Compromise Reduces the Influence of Female and Minority Judges
    8/30/21

    Even when women and people of color achieve positions of political power, that does not guarantee they will be able to wield the same amount of influence as similarly-situated white men.  Institutional norms may combine with social constructions of difference to create a system in which power is distributed disproportionately. Such a pattern is evident in the U.S. Courts of Appeals. Benign procedural practices and laudable deliberative processes combine with divergent viewpoints generated by fundamentally different social experiences to create a system in which power is exercised unequally. Read the blog.

  • Aldiama Anthony reflects on the article “School definitely failed me, the system failed me”
    8/30/21

    When you hear the word "homeless," what exactly comes to mind? Most times, the term immediately conjures up an image of a single adult sleeping under a bridge, in a park, or a car. In fact, very few fully understand the growing crisis of homeless youth. There is a significant body of research on educational outcomes for children and youth who experience homelessness and on outcomes for youth in foster care, yet little research that focuses on youth who have experienced all of these challenges. A study conducted by three Baldy Center research grant recipients, Annahita Ball, Elizabeth Bowen, and Annette Semanchin-Jones, “School definitely failed me, the system failed me,” takes a cross-system research approach to this critical, but rarely addressed social issue affecting youths in our society. Read the blog.

  • James Gardner reflects on the question "Is Democracy Possible Here?”
    8/30/21

    It has often been said of socialism that we don’t really know whether it works because it has never been tried, and because regimes that have called themselves socialist have in fact fallen far short of its ideals. Much the same might be said of democracy. Read the blog.

  • Matthew Steilen: Canon, Anticanon, and Anti-canonization in Constitutional Law
    8/30/24

    A “canon” is a set of writings generally regarded as the most authoritative, important, or well-executed of their kind. When law teachers speak of a “canon,” they usually mean a standard set of cases that forms the basis of an acceptable curriculum in their field. We teach our subjects from the canon. In my field, Constitutional Law, its principal members include Marbury, Gibbons, McCulloch, Youngstown, and Brown. Read the blog.

  • Aldiama Anthony reflects on the article, "Institutional Economics and Chock-Full Employment" by Charles J. Whalen
    8/30/21

    The “Right to Work” movement is a well-known guiding concept in the United States that affirms every American’s right to work for a living without being compelled to belong to a union and pay fees. However, the term, the right to work, originally referred to a progressive call for the right to employment. A recent study conducted by Charles J. Whalen, Baldy Center Research Fellow, examines the calls for a job guarantee and then explains the need to reclaim the “right to work” as a cornerstone of progressive capitalism. This blog contains the critical takeaway points from Whelan's article, “Institutional Economics and Chock-Full Employment: Reclaiming the “Right to Work” as a Cornerstone of Progressive Capitalism. Read the blog.

  • Matthew Dimick: Using Legal Rules to Reduce Income Inequality
    8/30/24

    The United States has experienced a disturbing expansion of income and wealth inequality in the past three or four decades. We only fully recognized this yawning divide in the material fortunes of Americans after the 2008 financial crisis, which did little to change the direction of the trend. The Coronavirus pandemic has only added fuel to the inequality fire in a particularly grave way. Income inequality might be condemned on its own terms and for its political (erosion of democracy) and economic (financial instability) consequences. These worrisome trends in economic inequality have caused scholars to look for policy solutions. For legal scholars, in particular, the question arises: can legal rules do anything about income inequality? A long-standing position within law-and-economics scholarship gives a clear answer to this question: No. Read the blog.

  • Alexandra Harrington, COVID and Prisons: Grappling with the Effects of the Pandemic on Incarceration
    8/30/21

    In the last year, roughly 10% of the U.S. population has tested positive for COVID-19. In that same period, about 28% of people incarcerated in U.S. prisons tested positive for the virus. More than 2,500 incarcerated people have died of COVID-related causes. Trapped in congregate settings with little to no ability to socially distance or protect themselves from COVID, people in prisons are particularly vulnerable in the midst of a global pandemic.  Read the blog.

THE BALDY CENTER PODCAST

  • Episode 15: Athena Mutua discusses the origins and goals of ClassCrits
    5/5/21
    Episode 15 features Athena Mutua, Professor and Law and Floyd H. & Hilda L. Hurst Faculty Scholar in the University at Buffalo School of Law. Professor Mutua discusses the origins and goals of ClassCrits, which focuses on the heterodox, or political economy approach in law. She presents the new online journal, The Journal of Law and Political Economy and discusses ways in which ClassCrits engages with ongoing and on the ground activist work in significant social issues.
  • Episode 14: Sustaining the Alison Des Forges International Symposia
    4/21/21
    Episode 14 of our podcast series is about the work of the Alison L. Des Forges Memorial Committee, and its international symposia held at the University at Buffalo. Beginning in 2012, the symposia has been sponsored, in part, by The Baldy Center for Law and Social Policy. This episode features Roger Des Forges, the group's co-founder. He is joined in discussion with the Committee co-chairs, Ellen Dussourd and Shaun Irlam. Together, they offer insight on aspects of sustaining the Alison Des Forges International Symposia.
  • Episode 13: Victoria-Idongesit Udondian discusses her sculptural work “The Republic of Unknown Territory” and immigration
    3/23/21
    Episode 13 features Victoria-Idongesit Udondian, interdisciplinary artist and University at Buffalo Center for Diversity Innovation Distinguished Visiting Scholar in the Department of Art. Udondian discusses her new sculptural work The Republic of Unknown Territory on exhibit in the UB Arts Collaboratory. The work is focused on immigrants’ experiences in migrating and building society. Udondian art installation highlights the politics of the post-colonial global market in second-hand clothing. The gallery exhibit runs from February 27 to March 27, 2021, in The Space Between.
  • Episode 12: Marie Jauffret-Roustide discusses harm reduction as an effective response to the opioid overdose crisis
    3/9/21
    Episode 12 features Marie Jauffret-Roustide, PhD, Senior Fellow in Interdisciplinary Legal Studies at The Baldy Center for Law and Social Policy, and, Research Fellow at the French National Institute of Health and Medical Research in Paris, France. Jauffret-Roustide discusses the effectiveness of drug policies that are embedded in human rights and harm reduction, and compares them to repressive drug policies that are ineffective in protecting vulnerable people and the communities in which they live.
  • Episode 11: Erkin Ozay discusses his new book, Urban Renewal and School Reform in Baltimore: Rethinking the 21st Century Public School
    2/10/21
    Episode 11 features Erkin Özay, assistant professor of Architecture at the University at Buffalo, School of Architecture and Planning. Özay discusses his new book “Urban Renewal and School Reform in Baltimore: Rethinking the 21st Century Public School” (Routledge 2021), and his holistic approach to the relationships among urban development, urban design, and schools.
  • Episode 10: Waverly Duck and Anne Rawls discuss their new book, Tacit Racism.
    2/10/21
    Episode 10 features co-authors Waverly Duck, Distinguished Visiting Scholar, 2020-21, Center for Diversity Innovation, University at Buffalo, and Anne Rawls, Professor of Sociology at Bentley University. They discuss their new book, Tacit Racism (University of Chicago Press, 2020). Their research focuses on understanding how centuries of institutional racism have shaped interactions between white people and Black Americans into patterns of implicit bias and tacit racism. 
  • Episode 9: Jessica Castner, “Nurse-Initiated Protocols in Emergency Departments”
    1/27/21
    Episode 9 of The Baldy Center Podcast features Jessica Castner, a board-certified emergency nurse and an emergency nurse scientist. In 2014 she received a research grant from The Baldy Center, entitled, Complaint-Specific Protocols: Layers of Regulation and Emergency Nurse Scope of Practice.  In this podcast Castner discusses her current research and recent publication on nurse-initiated protocols in emergency departments, and offers perspective on policy and protocol impacts on pandemic emergency room care in hospitals.

    Keywords: Health and Society, Health Policy, Regulation, Emergency Nursing, COVID-19, pandemic.
  • Episode 8: Sarah Ludin discusses the socio-legal history of the Early Reformation in Germany
    11/18/20
    In episode 8 of the podcast Sarah Ludin discusses her developing book manuscript focused on the socio-legal history of the Early Reformation in Germany, which relies on close readings of 1521-1555 C.E. case files in the Holy Roman Empire to understand the historiography of secularism and the definition and significance of religion as a modern secular legal category.
  • Episode 7: Daniel Platt discusses “The Domestication of Credit.”
    11/3/20
    Episode 7 features Daniel Platt, Assistant Professor at University of Illinois Springfield and former Baldy Center Postdoctoral Fellow. Professor Platt discusses his recent article “The Domestication of Credit,” focused on the moral politics of personal finance in 19th and 20th century U.S., paying specific attention to women’s contributions to household finances, to credit, debt, and financial institutions, and to the roles of coercion and discrimination in a debt economy.
  • Episode 6: David Gerber and Bruce Dierenfield discuss disability rights and religious freedom
    9/21/20
    Episode 6 of the podcast features David Gerber, emeritus professor of history at UB and Bruce Dierenfield of Canisius College. Professors Gerber and Dierenfield discuss their new book, focused on the Zobrest v. Catalina Foothills School District case at the crossroads of disability rights and church-state separation.
  • Episode 5: Jennifer Gaynor discusses maritime Southeast Asia
    9/23/20
    In Episode 5 of the podcast Jennifer Gaynor discusses her current research and her previous book, Intertidal History in Island Southeast Asia, which drew on European and Southeast Asian sources, as well as four years in Indonesia, where she worked with rare Bugis language manuscripts and lived in communities of Sama sea people.
  • Episode 4: Amanda Hughett discusses the history of prisoner labor unions
    9/23/20
    Episode 4 of the podcast features Amanda Hughett discussing the history of prisoner labor unions. The work examines how efforts to litigate around prison conditions in the 1970s unintentionally cut against imprisoned people’s efforts to mobilize at the grassroots level.
  • Episode 3: David Westbrook and Mark Maguire discuss airport security and counterterrorism
    9/9/20
    Episode 3 of the podcast features David A. Westbrook, UB School of Law and Mark Maguire, National University of Ireland Maynooth. Professors Westbrook and Maguire discuss airport security and counterterrorism, and their new book, Getting Through Security: Counterterrorism, Bureaucracy, and a Sense of the Modern (Routledge, 2020).
  • Episode 2: Irus Braverman discusses medical posthumanities
    8/7/20
    Episode 2 of the podcast features UB School of Law professor Irus Braverman discussing her upcoming workshop, Medical Posthumanities: Governing Health Beyond the Human. Braverman's work explores holistic approaches to health that include scientific, natural science discussions between ecologists and virologists that also takes into consideration social and cultural understandings and also legal norms.
  • Episode 1: Mark Bartholomew discusses contact tracing
    7/28/20
    Episode 1 of the podcast features UB School of Law professor Mark Bartholomew. Professor Bartholomew discusses the pandemic, contact tracing, and the tension between public health security and privacy in using technology to track the coronavirus. Mark Bartholomew received a 2018-2019 research grant from the Baldy Center for Law and Social Policy to help support his research, “The Law of Advertising Outrage.” 

SPRING 2021 EVENTS

  • Medical Posthumanities: Governing Health Beyond the Human
    4/11/23
    April 14, 15 & 16, 2021: While medical humanities have tended to focus almost exclusively on humans, a medical posthumanities, by contrast, would take seriously the role of "more-than-human" actors to explore the complex entanglements of human, animal, and ecological health.
  • Serious Fun 2021: Buffalo Law Review publication
    7/6/21
    The Del Cotto Professorship, The Baldy Center for Law and Social Policy, and the Buffalo Law Review are pleased to announce publication of the symposium issue Serious Fun: A conference with & around Schlegel!  Essays focus on legal and economic history, legal scholarship, and teaching. Serious Fun is being planned. The 2021 symposium issue is here.

TABLE OF CONTENTS: SPRING 2021 MAGAZINE

Multimedia Production Team

Spring 2021 Multimedia ProducTION TEAM at The Baldy Center for Law and Social Policy

Aldiama Anthony, BS
UB School of Law JD, 2021
Blog Producer, magazine writer

Jay Carreira
UB College of Arts & Sciences Honors College, BA expected 2022
Social Media producer, magazine writer

Rebecca Dingle
UB College of Arts & Sciences Honors College, BA expected 2021
Social media producer, magazine writer

Caroline Funk, PhD
Associate Director of The Baldy Center

Azalia Muchransyah
UB Department of Media Study, PhD, 2021
Podcast producer

Laura Wirth, MS
Assistant Director of The Baldy Center