Martha T. McCluskey
Professor, William J. Magavern Faculty Scholar
B.A., Colby College, 1980
J.D., Yale University, 1988
LL.M., Columbia University, 1995
J.S.D., Columbia University, 2002
University at Buffalo Law School
The State University of New York
714 O'Brian
Hall, North Campus
Buffalo, NY 14260-1100
Phone:(716) 645-2326
Assistant:
Suzanne Caruso, 417 O'Brian Hall, Phone: (716) 645-5598
Selected Publications:
Books
Feminism,Media and the Law (with M.A. Fineman, editors) (Oxford University Press, 1997)
Articles
How the Biological Social Divide Limits Disability and Equality, Washington University Journal of Law & Policy vol. 33 (forthcoming 2010)
Taxing Family Work: Aid for Affluent Husband Care, Columbia Journal of Gender and Law vol. 19 (forthcoming 2010)
Constitutionalizing Class Inequality: Due Process in State Farm, Buffalo Law Review, vol. 56 (2008) [SSRN]
Thinking with Wolves: Left Legal Theory After The Right's Rise, Buffalo Law Review vol. 54: 1191-1297 (2007) [SSRN]
How Equality Became Elitist: The Cultural Politics of Economics from the Court to the "Nanny Wars", Seton Hall Law Review vol. 35: 1291-1308 (2006) [PDF] [SSRN]
The Substantive Politics of Formal Corporate Power, Buffalo Law Review vol. 53: 1453-1501 (2006) [SSRN]
Caring for Workers, Maine Law Review vol. 55: 314-333 (2003) (Symposium on Law, Labor & Gender) [PDF]
Efficiency and Social Citizenship: Challenging the Neoliberal Attack on the Welfare State, Indiana Law Journal vol. 78: 783-876 (2003) [PDF] [SSRN]
Insurer Moral Hazard in the Workers' Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression, Employee Rights and Employment Policy Journal vol. 5: 55-134 (2001) [PDF]
Subsidized Lives and the Ideology of Efficiency, American University Journal of Gender, Social Policy & the Law vol. 8: 115-152 (2000) [PDF] (revision reprinted in The Subject of Care: Feminist Perspectives on Dependency (E. F. Kittay & E.K. Feder, editors) (Rowman and Littlefield, 2002) [PDF])
Whose Risk,Whose Security?, The American Prospect vol. 11(6) (January 31, 2000)
The Illusion of Efficiency in Workers' Compensation "Reform," Rutgers Law Review vol. 50: 657-941 (1998) [PDF] [SSRN]
Victim Narratives, Tikkun (March/April 1994)
Privileged Violence, Principled Fantasy, and Feminist Method: The Colby Fraternity Case, Maine Law Review vol. 44: 261-312 (1992) [PDF]
Note, Rethinking Equality and Difference: Disability Discrimination in Public Transportation, Yale Law Review vol. 97: 863-880 (1988) [PDF]
Chapters
Defending and Developing Critical Feminist Theory as Law Leans Rightward, Transcending the Boundaries of Law (Martha Albertson Fineman, editor) (Routledge, forthcoming 2010)
Razing the Citizen: Economic Inequality, Gender, and Marriage Tax Reform in Dimensions of Women's Equal Citizenship (L. McClain & J. Grossman, editors) (forthcoming) [SSRN]
How Queer Theory Makes Neoliberalism Sexy: Economics and the Queer Challenge to Feminism in in Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations (M.A. Fineman, J. Jackson & A. Romero, editors) (Ashgate Press, forthcoming 2009) [SSRN]
Changing, Not Balancing, the Market: Economic Politics and "Social" Programs in Pprogressive Lawyering, Globalization, and Markets: Rethinking Ideology and Strategy (C. Dalton, editor) (2007) [SSRN]
Deconstructing the State/Market Divide: The Rhetoric of Regulation from Workers' Compensation to the WTO in Feminism Confronts Homo Economicus: Gender, Law, and Society (M.A. Fineman & T. Dougherty, editors) (Cornell University Press, 2005) (147-174) [PDF]
The Politics of Economics in Welfare Reform in Feminism Confronts Homo Economicus: Gender, Law, and Society (M.A. Fineman & T. Dougherty, editors) (Cornell University Press, 2005) (193-224) [PDF]
Workers' Compensation in Poverty and Social Welfare in America: an Encyclopedia (G.Mink & A. O'Connor, editors) (ABC-CLIO, 2004)
Rhetoric of Risk and the Redistribution of Social Insurance in Embracing Risk: the Changing Culture of Insurance and Responsibility (T. Baker & J. Simon, editors) (University of Chicago Press, 2001) (146-170) [PDF]
Fear of Feminism: The Media Debate about Victims and Violence on College Campuses in Feminism, Media and the Law (with M.A. Fineman, editor) (Oxford University Press, 1997) (57-71) [PDF]
Reviews
Thinking with Wolves: Left Legal Theory After The Right's Rise, Buffalo Law Review vol. 54: 1191-1297 (2007) (reviewing Wendy Brown and Janet Halley, Left Legalism/Left Critique (2001)) [PDF] [SSRN]
Journal of Health Politics, Policy and Law vol. 27: 683-689 (2002) (reviewing Terry Thomason, Timothy P. Schmidle, and John F. Burton, Jr., Workers' Compensation: Benefits, Costs, and Safety Under Alternative Insurance Arrangements (2001))
Electronic Publications
ClassCrits: A Critical Analysis of Economic Inequality (blog)
