The Baldy Center Senior Fellows are accomplished academics and professionals, usually faculty members at other universities, who pursue intensive scholarly projects closely related to the mission of The Center. They utilize UB’s extensive research resources, participate regularly in The Baldy Center events, and share their expertise with the larger community.
MARCH 29, 2024, SPEAKER
Noon, Friday, 509 O'Brian Hall
Attend in-person or via Zoom.
The Military Turn in Comparative Constitutional Law: Constitutions and the Military in Authoritarian Regimes
ACCESS PAPER HERE.
Abstract: In this article I argue that studies of constitutions in authoritarian regimes reveal a new finding hiding in plain sight: that the military is often a pivotal constitutional actor. The question of how the military uses law and constitutions to enable and facilitate its influence in constitution-making and constitutional practise is under-researched. The military demands scholarly attention because of the unprecedented opportunities for the military as a constitutional actor due to the rise of populism and the decline of democracy; an increase in civil conflict; intensified efforts at counter-terrorism and anti-trafficking; and the COVID-19 global pandemic.
I review the literature across law and the social sciences on the military and the constitution in authoritarian regimes. In doing so, I demonstrate that the military is an important, yet overlooked, constitutional actor; that civilian control of the military is never absolute but a matter of degree and changes over time; and that histories of military rule and military use of law and constitutions matter. I call for a turn to the study of the military as a constitutional actor in comparative constitutional law.
Melissa Crouch, PhD, is a senior research fellow at The Baldy Center. While in residence here, Dr. Crouch will be working on a manuscript about constitutional endurance and how past constitutions matter to contemporary reform debates in Myanmar. Based on her field research, the manuscript offers a constitutive approach to the relationship between constitutions and societies in the postcolony, with a focus on how periods of military rule and unconstitutional rule shape constitutional futures.
As a professor at the Faculty of Law & Justice, University of New South Wales, Sydney, Australia, Dr. Crouch's research contributes to the interdisciplinary fields of law and society; comparative constitutional law, with a focus on Asia. In 2022, she won the Podgorecki Prize for outstanding scholarship of an early career socio-legal scholar, awarded by the Research Committee on the Sociology of Law, the International Sociological Association. Dr. Crouch is the president of the Asian Studies Association of Australia (2023-2024), the peak academic body for the study of Asia in Australia.
Alan W. Clarke, professor emeritus in the Integrated Studies Program, Utah Valley University, is a senior fellow at The Baldy Center, Fall, 2023. Clarke holds a Juris Doctor from the College of William and Mary, an LLM from Queen’s University, and a PhD from Osgoode Hall Law School, York University. He practiced law after graduating from William and Mary, with a focus on social justice broadly construed, including, civil rights, voting rights, labor organizing, poverty law, and death penalty post-conviction process.
Clarke’s academic research since 1997 has revolved around several broad, connected themes in international and transnational criminal law and human rights, criminology and criminal justice policy, civil rights, legal history, law and society, and critical legal studies, climate change and survival refugees.
Clarke plans to analyze interdisciplinary legal studies on the boundaries of human rights, international criminal law, immigration law, demography, human and cultural geography, political science, during the term of The Baldy Center senior fellowship. He has published extensively in law reviews and social science journals and has authored or co-authored three books:
Clarke's recent focus on policy and legal responses to human migration and refugees influenced by climate change has been published in an article Climate Change, Migration and Pandemics: Human Rights in the Anthropocene, in 47 Vermont Law Review 1 (2022). While continuing to work in the area of survival migrants Clarke will also investigate international legal issues revolving around the evolving legal issues surrounding Russia’s war of aggression with a particular focus on the need to create a hybrid international court.
Bio: Greta LaFleur, an associate professor of American Studies at Yale University, has been awarded a mid-career research fellowship at The Baldy Center for Fall 2023. LaFleur’s research and teaching focus on eighteenth-century North America, with special emphasis on the histories of science, the histories of race, the history and historiography of sexuality, and queer & trans studies. Author of The Natural History of Sexuality in Early America (Johns Hopkins University Press, 2018). LaFleur's fellowship at The Baldy Center will be dedicated to working on a second scholarly monograph, tentatively titled How Sex Became Good: The Feminist Movements and Racial Politics that Made Modern Sexuality (under contract with The University of Chicago Press). The work tracks how cultural and legal responses to the problem of sexual violence shaped the politicization of sexuality in the modern period.
LaFleur is also the editor of: a special issue of American Quarterly, “Origins of Biopolitics in the Americas” (2019, with Kyla Schuller); a special issue of Transgender Studies Quarterly on “Trans Exclusionary Feminisms and the Global New Right” (2022, with Serena Bassi); and, a special issue of GLQ on “The Science of Sex Itself” (2023, with Benjamin Kahan).
LaFleur’s research has been supported by several fellowships, including those at: the Institute for Advanced Study (School of Social Sciences); the American Council of Learned Societies; the Massachusetts Historical Society; the William Andrews Clark Library at UCLA; the John Carter Brown Library at Brown University; The Clement Library at The University of Michigan; the American Antiquarian Society in Worcester, MA; and, The Newberry Library in Chicago. LaFleur holds a PhD from the University of Pennsylvania and a JD from The University of Connecticut.
SPECIAL EVENT, DECEMBER 1, 2023
Greta LaFleur, The Baldy Center Mid-Career Fellow
"Sex Panics and Risk Metrics: Law, Propensity, and the History of Sexuality"
Paper available in advance if the event.
Friday, Noon, 509 O'Brian Hall
Attend in-person or via Zoom.
Nick Cheesman, The Baldy Center Senior Fellow Fall 2022, is a Fellow in the Department of Political & Social Change and a Fellow in the Coral Bell School of Asia Pacific Affairs at Australian National University in Canberra, Australia. He holds a Master’s Degree in Education from University of Western Australia and a PhD from the Department of Political and Social Change at Australian National University. He currently is a series co-editor for the ASAA Southeast Asian Publications Series, and he holds an Australian Research Council grant to study the relation of torture to political order in mainland Southeast Asia. Cheesman has received numerous awards and prizes for his scholarship and writing. His next book, Myanmar: Politics and society is forthcoming from Cambridge University Press.
Dr. Cheesman’s areas of expertise include law and society, government and politics of Asia and the Pacific, and political theory and political philosophy. His current major project is entitled “Rules of Law in Thailand and Myanmar in comparative historic perspective.” While in residence at The Baldy Center, Cheesman plans to analyze interdisciplinary legal studies on torture, law, and politics. His research “seeks to account for the properties of torture by reference to the political order in which it is imbricated, and in turn, to reveal otherwise obscured particulars of that political order through study of the torture situation, and seeks to develop an interpretation of how torture is made possible in the contemporary world through a variety of juridical and political arrangements.” He plans to offer a new interpretation of the constitutive relationship between torture, law and politics.
Miriam Driessen, 2022-2023 Baldy Center Senior Fellow, is an anthropologist trained at Oxford. Her work explores local courts as global actors. Based on more than a decade of research on Ethiopian-Chinese interactions, she examines the role of lower courts in Ethiopia in disciplining Chinese capital and containing its excesses. At the Baldy Center, she will also work on a second, collaborative project that examines the transnational reach of China’s courts through the analysis of cross-border labor disputes. Dr. Driessen is the author of Tales of Hope, Tastes of Bitterness: Chinese Road Builders in Ethiopia and The Restless Earth: Rural China in Transition.
Marie Jauffret-Roustide, 2021-2022 Baldy Center Senior Fellow, is a Research Fellow at the French National Institute of Health and Medical Research (Inserm) in France, Paris. She has a multidisciplinary background: she holds a Master’s Degree in Political Science, a PhD in sociology and social science and an “Habilitation” to supervise research in public health and social science. She is the leader of an international comparative research on the history of harm reduction between France and the United States. Dr. Jauffret-Roustide will analyze three representative contemporary drug policy issues affecting both North America (specifically the United States) and partially Europe (France) during her Baldy Center fellowship: the history of opioid substitutive treatments, the opioid overdose crisis, and the controversy on drug consumption rooms.
Jauffret-Roustide's research focuses on drug policy and harm reduction paradigm, ethnicity and gender issues, laws, and regulations, structural inequalities in health and social policies, and patient groups’ and users’ involvement in drug policy changes, including analyses of the biomedicalization process of addiction. She has been designated by Inserm to evaluate the implementation of drug consumption rooms in Paris. She coordinates the D3S research program ("Social Sciences, Drugs and Society") for the Ecole des Hautes Etudes en Sciences Sociales. The aim of the D3S research program is to increase the visibility of social science research on drug policy at the national and international levels and to facilitate dialogue between researchers and civil society. Jauffret-Roustide is an Awardee of the 2019 French Scholar Lecture Series, Peter Wall Institute, University of British Columbia, Vancouver, Canada.
Khohchahar Chuluu, 2019-2020 Senior Fellow, is Associate Professor in the Interfaculty Initiative in Information Studies and the Institute for Advanced Studies on Asia at the University of Tokyo. He received an LL.D. and an LL.M. from the Graduate School of Law at Kyoto University. His research centers on comparative Asian law and history, with a focus on Mongolian legal history and hunting law. His research has culminated in many published articles, including work appearing in Inner Asia, the Journal of Korean Legal History and Forest Economy. He is also the co-editor of the book Status and Economy (with Takeshi Sasaki, Kumi Takada, and Yumiko Marumoto: Jigakusha, December 2019). His work at The Baldy Center during Spring 2020 will include a study of laws regulating hunts in Eurasian history, focusing specifically on the hunting institutions (organizations) and their associated rules, from northeast Asia to some kingdoms in Western Europe. This study aims to clarify how hunting laws related to laws in general and how they promoted socio-political order throughout history.
Nancy S. Marder, Spring 2019 Senior Fellow, is Professor of Law at IIT Chicago-Kent College of Law, where she also serves as the Director of the Justice John Paul Stevens Jury Center and Co-Director of the Institute for Law and the Humanities. She is an elected member of the American Law Institute, and is also an Academic Fellow of the Pound Civil Justice Institute. Her areas of expertise include juries, judges, and courts. She is the author of forty law review articles, two books, nine book chapters, twenty-five essays, and eleven book reviews. She is a graduate of Yale Law School, and has a M.Phil. from Cambridge University, where she was a Mellon Fellow, and a B.A. from Yale. Her Baldy Center research will focus on a book, The Power of the Jury: Transforming Citizens into Jurors, which examines how every stage of the jury process—from voir dire to post-verdict interviews—helps to transform ordinary citizens into responsible jurors. Marder's theory of jurors starts from the premise that citizens can be complicated and have biases, as all people do, rather than assuming a simplistic model of jurors who are either biased or unbiased, as the traditional view does. This new theory nonetheless allows for understanding the creation of impartial jurors through the jury process. The approach Marder posits will give judges, lawyers, academics, legislators, and concerned citizens a new way to evaluate jury reforms.
Werner Reutter, Fall 2018 Senior Fellow, is a research fellow of political science at the Humboldt-University of Berlin. He has been a visiting professor at the University of Minnesota, the University of Potsdam, the University of Bonn, the University of Jena, Humboldt-University of Berlin, and the Leuphana University of Lüneburg. His major publications include books and articles on interest groups, international trade union politics, constitutional politics, German federalism, and state constitutional courts. He studied public administration and political science at the University of Applied Sciences in Kehl/Rhine, the London School of Economics and Political Science, and the Free University Berlin. As a senior fellow at The Baldy Center, he will explore whether, and to what extent, decisions of a German subnational constitutional court and an American state supreme court infringe on the competencies of state legislatures.
Nora V. Demleitner, 2017-18 Senior Fellow, is Roy L. Steinheimer Jr. Professor of Law at Washington and Lee University in Virginia, where she previously served as dean of the law school. She is an elected member of the American Law Institute, the European Law Institute, and the International Academy of Comparative Law. She has authored over sixty articles, published in leading U.S. law journals, is the lead author of Sentencing Law and Policy (Wolters Kluwer), and an editor of the Federal Sentencing Reporter. She is a graduate of Yale Law School and holds an LL.M. in International and Comparative Law from Georgetown Law Center.
Her Baldy Center research will outline the pressing need to dismantle mass imprisonment and provide proposals on how to achieve that goal. It is based on personal, theoretical, and practical accounts of the U.S. criminal justice system, which engulfs everyone and taints all with its inhumanity. The work builds on Demleitner’s comparative work in criminal justice, sentencing, and post-sentence collateral consequences.
Antonio María Hernández, 2017-18 Senior Fellow, is Professor of Constitutional Law and Professor of Public Provincial Law and Municipal Law at the National University of Córdoba and Director of the Institute of Federalism of the National Academy of Law and Social Sciences of Córdoba University. He is currently Honorary President of the National Association of Constitutional Law of Argentina and Member of the Board of Directors of the International Association of Centers for Federal Studies. He has authored and co-authored over fifty books on constitutional law, federalism, state constitutional law and municipal law. He holds a Ph.D. in Law and Social Sciences from the National University of Córdoba, Argentina.
At The Baldy Center, his research focused on a constitutional comparative vision on American and Argentinian federations. Using an interdisciplinary approach, he analyzed the similarities and differences between the two, taking into account that the model for the original Argentina Constitution of 1853 was the Philadelphia Constitution of 1787. This research builds on his previous work comparing Mexican and Argentinian federalism. See the results of this work in the Buffalo Legal Studies Series.
Professor Catherine Connolly (Senior Fellow, 2016-17) is Professor of Gender and Women’s Studies at the University of Wyoming (UW), where she served nine years as the department director. Dr. Connolly earned a J.D. (cum laude, 1991) and a Ph.D. (Sociology, 1992) from the University at Buffalo. As a graduate student at UB, she was a Baldy Center fellow.
Always with an eye on social justice, Dr. Connolly’s research focuses on inequality and institutions, particularly the role of the state. She published an article in the Wyoming Law Review (2011, Vol 11(1), pp. 125-63), “Gay Rights in Wyoming: A Review of Federal and State Law,” with updated information in an invited book chapter, A Proud Heritage: People, Issues and Documents of the LGBT Experience, Stewart, C, Ed. Santa Barbara: ABC-CLIO; pp. 1237-46. She has published several policy papers on the economic status of women in Wyoming, the most recent, “The Wage Gap between Wyoming’s Men and Women: 2015” can be accessed through the Wyoming Women’s Foundation. In addition, Dr. Connolly has won recognition for her teaching with college-level extraordinary merit awards and with recognition by graduating classes.
In 2008, Dr. Connolly was elected to serve in the Wyoming House of Representatives and continues to do so. In this capacity, she currently serves on the Appropriations committee as well as several select committees. She has also served in caucus leadership, as well as on the Education, Judiciary, and Travel, Recreation, Wildlife and Cultural Resources committees. Connolly has been a strong advocate for prudent investment in social programs and for advancing women in leadership. She is up for re-election in 2016.
Dr. Connolly is involved in two current research projects. The first is an examination of the paths to serving and experiences of lesbians in elected office. Using an intersectional lens, this work expands the existing literature on the relationship between descriptive and substantive representation in politics by including lesbians and queer women.
The second is Pathways from Prison, a collaborative project with faculty, students, and community members in conjunction with the state Department of Corrections . We have interviewed over 70 currently and formerly incarcerated women with felony convictions regarding their experiences at the only prison in Wyoming for women, especially as related to successful transitioning in the state upon release. This work has resulted in a policy paper to the DOC, and a book manuscript is in progress.
2016 The Wage Gap between Wyoming’s Men and Women: 2016, Wyoming Women’s Foundation (35pp.)
2015 with Susan Dewey, Bonnie Zare, Rhett Epler, & Rosemary Bratton, Findings from the “Pathways from Prison” Study. 2015, Report to the Wyoming Department of Corrections.
2015 Gay Rights in Wyoming, invited book chapter, A Proud Heritage: People, Issues and Documents of the LGBT Experience, Stewart, C, Ed.. Santa Barbara: ABC-CLIO; pp. 1237-46.
2015 with Aimee Van Cleave and Melanie Vigil. Gay Rights in New Mexico invited book chapter, A Proud Heritage: People, Issues and Documents of the LGBT Experience, Stewart, C, Ed.. Santa Barbara: ABC-CLIO; pp. 1090-1100.
2011 “Gay Rights in Wyoming: A Review of Federal and State Law.” Wyoming Law Review, Vol. 11(1), pp. 125-63.
2010 with Katrina Brown. “The Role of Law in Promoting Women in Elite Athletics: An Examination of Four Nations.” International Review for the Sociology of Sport, Vol. 45, No.1, pp. 3-22.
2009 “Gay and Lesbian Families Around the Globe: An examination of gender, citizenship and the law,” in Genero, Ciudadania y Globalizacion (eds. Mar Gallego Duran, Rosa Garcia Gutierrez, and Rosa Giles Carnero), Ediciones Alfar, Sevilla, Spain, pp. 233-249.
Prof. Margaret A. Shannon (Senior Fellow, 2014-2019) is a widely published and highly regarded scholar of forest and natural resources governance, law, and policy. She recently completed five years as the Director of the European Forest Institute’s “Forest Policy, Economics, and Governance Education and Research Program” (FOPER) in the Western Balkans. She coordinated a team of over one hundred researchers and educators in Albania, Bosnia-Herzegovina, Croatia, Macedonia, and Serbia in an intensive process of building academic capacity and research institutions.
She currently serves as Professor in Honor in the Faculty of Environment and Natural Resources at the University of Freiburg, Germany. Her previous positions include Professor and Associate Dean of the Rubenstein School of Natural Resources at the University of Vermont; Research Professor at SUNY Buffalo Law School; Associate Professor of Public Administration at Syracuse University; Corkery Professor of Forest Policy at the University of Washington; Associate Professor of Natural Resources Policy and Sociology at the SUNY School of Environmental Sciences and Forestry, Syracuse; and Senior Fellow and Visiting Assistant Professor at Lewis and Clark Law School, Portland, Oregon.
Her current research topics include participation and adaptation in environmental governance; place-making and social conflict; and the changing nature of sustainable forestry. Her work at Baldy Center focuses on changing roles and interaction patterns in transnational environmental governance.
Prof. Kathleen Biddick (Senior Fellow, 2012-13) is Professor Emeritus of History at Temple University. She has authored books in the fields of medieval studies, critical historiography, and theory: The Other Economy; The Shock of Medievalism; The Typological Imaginary: Circumcision, Technology and History. She has been the recipient of numerous fellowships: Fulbright Foundation, Rockefeller Foundation, Stanford Humanities Center, Dartmouth Humanities Center, National Science Foundation and the American Council of Learned Societies Curriculum Development Award. Her current book project, Entangled Sovereignty: A Study in Premodern Political Theology, delves into the return of the miracle in contemporary theories of sovereignty and discusses its importance for premodern scholars and for contemporary theory.
She traces the links between the discourse of the most powerful abbey of twelfth-century Christendom, Cluny in Burgundy, which defined miracle-making in terms of its declared enemies, Jews and Muslim, and the theoretical writings of Walter Benjamin, Giorgio Agamben, Roberto Esposito and Jean-Luc Nancy. The project argues that these medieval dead neighbors of Cluny remain undead and driven in the drive of contemporary theory, until their archive is recognized and embraced. During her stay at The Baldy Center in Spring 2013, she worked to turn her studies into a monograph.
Her time at The Baldy Center has already borne fruit and the following essays have recently appeared. "What does “Deconstructing Christianity” Want?" Minnesota Review, (Special Issue on Medieval Studies and Theory) No. 80 ( 2013): 83-94. (4) “Transmedieval Mattering and the Untimeliness of the Real Presence,” Postmedieval, 4 (2) 2013: 238-252. “How do New Things Come into the World of Feminist History?” invited review essay,Journal of Social History,46 (4) 2013:1060-1065. “Zombie Flesh and Blood and the Real Presence (then and now), Theory@Buffalo, issue # 17 (Fall 2013)
Prof. Angela Harris (Senior Fellow, 2009-11) Professor Angela P. Harris joined the U.C. Davis School of Law faculty in 2011. She began her career at the U.C. Berkeley School of Law in 1989, and has been a visiting professor at the law schools of Stanford, Yale, and Georgetown and vice dean of research and faculty development at the SUNY Buffalo Law School. She writes widely in the field of critical legal theory, examining how law sometimes reinforces and sometimes challenges subordination on the basis of race, gender, sexuality, class, and other dimensions of power and identity.
Harris is also a prolific co-author of casebooks, including Criminal Law: Cases and Materials; Race and Races: Cases and Materials for a Diverse America; Gender and Law; and Economic Justice. Her writings have been widely anthologized and have been translated into many languages, from Portuguese to Korean. Harris received her bachelor’s degree from the University of Michigan and a master’s degree in social science (with a specialization in the sociology of culture) from the University of Chicago, where she also received her J.D. She clerked for Judge Joel M. Flaum on the Seventh Circuit Court of Appeals, and then briefly practiced with the firm of Morrison & Foerster in San Francisco before making her way to Berkeley.
At the University at Buffalo, along with Professor Stephanie Phillips, she pioneered a seminar called “Mindfulness and Professional Identity: Becoming a Lawyer While Keeping Your Values Intact.” She is the recipient of the Rutter Award for Distinction in Teaching from Berkeley Law, and received the 2008 Clyde Ferguson Award from the Minority Section of the Association of American Law Schools for her mentorship of students and junior faculty.