Martha T. McCluskey

University at Buffalo Law School

Professor Emerita

O'Brian Hall

Buffalo, NY 14260-1100

United States

  • University at Buffalo Law School

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    • Tel: 716-645-2326
    • Fax: 716-645-2064
SCHOLARLY PAPERS

30

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5,572

TOTAL CITATIONS
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Top 35,139

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8

Scholarly Papers (30)

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1.

How Queer Theory Makes Neoliberalism Sexy

Buffalo Legal Studies Research Paper No. 2008-15
Number of pages: 21 Posted: 10 May 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 763 (71,879)
Citation 1

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Legal theory, feminism, queer theory, family law, law and economics, sexuality, critical legal studies, gender, civil rights, inequality, identity, jurisprudence

2.

Thinking with Wolves: Left Legal Theory after the Right's Rise

Buffalo Law Review, Vol. 54, p. 1191, 2006
Number of pages: 107 Posted: 29 Mar 2006 Last Revised: 02 Dec 2010
Martha T. McCluskey
University at Buffalo Law School
Downloads 439 (143,534)

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legal theory, jurisprudence, equality, sexuality, critical legal studies

3.

Efficiency and Social Citizenship: Challenging the Neoliberal Attack on the Welfare State

Indiana Law Journal, Vol. 78, Summer 2003
Number of pages: 95 Posted: 16 Nov 2003 Last Revised: 27 Jan 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 403 (158,383)
Citation 1

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welfare, poverty, social insurance, workers' compensation, AFDC, TANF, neoliberal, communitarian, social citizenship, critical legal studies, race, socioeconomic class, gender, feminist legal theory, critical race theory, redistribution, moral hazard

4.

Law and Economics: Contemporary Approaches

Yale Law & Policy Review, Forthcoming, U of Maryland Legal Studies Research Paper No. 2016-05, SUNY Buffalo Legal Studies Research Paper No. 2016-014
Number of pages: 11 Posted: 06 Feb 2016 Last Revised: 20 Aug 2016
Martha T. McCluskey, Frank Pasquale and Jennifer Taub
University at Buffalo Law School, Cornell University - Law School and Wayne State University Law School
Downloads 348 (186,448)

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5.

Law and Economics Against Feminism

Accepted for OXFORD HANDBOOK ON FEMINISM AND LAW IN THE U.S., Deborah L. Brake, Martha Chamallas, and Verna L. Williams, eds. , University at Buffalo School of Law Legal Studies Research Paper No. 2020-009
Number of pages: 28 Posted: 01 Apr 2021
Martha T. McCluskey
University at Buffalo Law School
Downloads 304 (215,796)

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feminism, legal theory, law and economics, freedom, institutions, neoliberalism, gender, efficiency, redistribution, social reproduction, welfare state, regulatory state, vulnerability, political economy, philanthropy, conservativism, feminist economics, liberalism, democracy, individualism

6.

How Equality Became Elitist: The Cultural Politics of Economics from the Court to the 'Nanny Wars'

Buffalo Legal Studies Research Paper No. 2006-017, Seton Hall Law Review, 2006
Number of pages: 19 Posted: 26 Mar 2006
Martha T. McCluskey
University at Buffalo Law School
Downloads 289 (227,707)

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feminism, economics, constitutional law, culture wars, legal theory, race

7.

Defining the Economic Pie, Not Dividing or Maximizing it

Critical Analysis of Law: An International and Interdisciplinary Law Review, Univ. of Toronto, Special Issue on New Economic Analysis of Law, Frank Pasquale, ed., 2018 Forthcoming, University at Buffalo School of Law Legal Studies Research Paper No. 2017-016
Number of pages: 20 Posted: 26 Jan 2018
Martha T. McCluskey
University at Buffalo Law School
Downloads 234 (281,720)

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law and economics; jurisprudence, critical legal studies, redistribution, social justice, legal theory, inequality, cost-benefit analysis, socioeconomics, political economy and the law, welfare economics

8.

The Substantive Politics of Formal Corporate Power

Buffalo Legal Studies Research Paper No. 2006-012, Buffalo Law Review, Vol. 53, p. 1453, 2006
Number of pages: 50 Posted: 11 Jun 2006
Martha T. McCluskey
University at Buffalo Law School
Downloads 213 (308,395)

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inequality, law and economics, corporations, critical legal studies, civil justice

9.

Razing the Citizen: Economic Inequality, Gender and Marriage Tax Reform

Chapter 12 in GENDER EQUALITY: DIMENSIONS OF WOMEN’S EQUAL CITIZENSHIP, Linda McClain & Joanna Grossman, eds., Cambridge University Press, 2009, Buffalo Legal Studies Research Paper No. 2008-003
Number of pages: 21 Posted: 23 Jan 2008 Last Revised: 21 Nov 2010
Martha T. McCluskey
University at Buffalo Law School
Downloads 210 (312,519)

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marriage, tax policy, marriage tax, social citizenship, economic inequality, equality, feminist theory, gender, democracy, liberalism, communitarianism, law and economics

10.

From the Welfare State to the Militarized Market: Losing Choices, Controlling Losers

ACCUMULATING INSECURITY: VIOLENCE AND DISPOSSESSION IN THE MAKING OF EVERYDAY LIFE, Shelley Feldman, Charles Geisler, & Gayatri Menon, eds., Georgia University Press, 2010, Buffalo Legal Studies Research Paper No. 2011-018
Number of pages: 25 Posted: 23 May 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 191 (341,475)
Citation 1

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security, insecurity, free market, libertarian, fundamentalism, economics, choice, regulation, welfare reform, financial crisis, health insurance, health reform, financial market reform, Lochner, freedom, neoliberalism, inequality, rule of law, democracy, dispossession, accumulation

11.

Personal Responsibility for Systemic Inequality

RESEARCH HANDBOOK ON POLITICAL ECONOMY AND THE LAW, Ugo Mattei and John D. Haskell, eds., pp. 227-45 (Edward Elgar 2015)., SUNY Buffalo Legal Studies Research Paper No. 2016-009
Number of pages: 33 Posted: 25 Feb 2016
Martha T. McCluskey
University at Buffalo Law School
Downloads 165 (389,114)

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law and economics, poverty, equality, inequality, redistribution, regulation, personal responsibility, welfare, economic policy, political economy, corporate crime, financial regulation, vulnerability, anti-subordination, critical legal studies, classcrits, class

12.

Defending and Developing Critical Feminist Theory as Law Leans Rightward

TRANSCENDING THE BOUNDARIES OF LAW: GENERATIONS OF FEMINISM AND LEGAL THEORY, Chapter 23, Martha Albertson Fineman, ed., 2011, Buffalo Legal Studies Research Paper No. 1711461
Number of pages: 20 Posted: 20 Nov 2010
Martha T. McCluskey
University at Buffalo Law School
Downloads 165 (389,114)

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jurisprudence, feminism, feminist jurisprudence, feminist legal theory, Law and Economics, critical legal studies, critical theory, equal treatment, special treatment, equality, formal equality, substantive equality, legal education, legal theory, identity, politics of law, libertarian

13.

Changing, Not Balancing, the Market: 'Economic' Politics and 'Social' Programs

Buffalo Legal Studies Research Paper Series No. 2005-05
Number of pages: 33 Posted: 17 Oct 2005
Martha T. McCluskey
University at Buffalo Law School
Downloads 165 (389,114)

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law and economics, labor, welfare state, poverty, globalization, critical legal studies, workers compensation

14.

Constitutionalizing Class Inequality: Due Process in State Farm

Buffalo Legal Studies Research Paper No. 2009-10, Buffalo Law Review, Vol. 56, pp. 1035-1057, 2008
Number of pages: 24 Posted: 24 Feb 2009
Martha T. McCluskey
University at Buffalo Law School
Downloads 164 (391,123)

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economic inequality, due process, substantive due process, insurance; judicial review, constitutional law, strict scrutiny, punitive damages, civil justice, consumer fraud, economic class, corporate defendants, corporations, critical legal studies, fourteenth amendment; tort reform, deterrence

15.

The Next OSHA: Progressive Reforms to Empower Workers

Center for Progressive Reform White Paper No. 1207
Number of pages: 32 Posted: 27 Jul 2012
Martha T. McCluskey, Thomas Owen McGarity, Sidney A. Shapiro, Rena I. Steinzor and Matthew Shudtz
University at Buffalo Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Maryland Francis King Carey School of Law and University of Georgia - Carl Vinson Institute of Government
Downloads 163 (393,196)
Citation 1

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Occupational Safety and Health Administration, occupational safety and health

16.

How the 'Unintended Consequences' Story Promotes Unjust Intent and Impact

Berkeley La Raza Law Journal, Forthcoming, Buffalo Legal Studies Research Paper No. 2011-019
Number of pages: 27 Posted: 23 May 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 154 (412,694)

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unintended consequences, economic inequality, neoliberalism, financial crisis, race, critical legal studies, critical race theory, LatCrit, regulation, legal theory, austerity, debt, equality

17.

How the Biological/Social Divide Limits Disability and Equality

Washington University Journal of Law and Policy, Vol. 33, No. 1, p. 109, 2010, Buffalo Legal Studies Research Paper No. 2010-005
Number of pages: 37 Posted: 19 Nov 2010
Martha T. McCluskey
University at Buffalo Law School
Downloads 141 (443,388)

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Equality, Accommodation, Reasonable Accommodations, Substantive Equality, Formal Equality, Identity, Disability, Americans with Disabilities Act, Workers’ Compensation, Social Insurance, Impairment, Antidiscrimination, Sexual Orientation, Immutability, Vulnerability

18.

Constitutional Economic Justice: Structural Power for 'We the People'

Yale Law & Policy Review, Vol. 35, No. 1, 2017, University at Buffalo School of Law Legal Studies Research Paper No. 2017-001
Number of pages: 26 Posted: 09 Aug 2017 Last Revised: 31 Aug 2017
Martha T. McCluskey
University at Buffalo Law School
Downloads 136 (456,453)

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Constitutional law, Federalism, Separation of Powers, Judicial Review, Economic Rights, Economic Justice, Economic inequality, Economic Development, Law and Economics, Economic Liberty, Cost-Benefit Analysis, Rationality, Democracy, Tax Incentives, Race to the Bottom, Due Process, Arbitration, Class

19.

Facing the Ghost of Cruikshank in Constitutional Law

65 J. Legal Education 278 (2015), University at Buffalo School of Law Legal Studies Research Paper. 2016-025
Number of pages: 21 Posted: 30 Jun 2016
Martha T. McCluskey
University at Buffalo Law School
Downloads 131 (470,544)

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race, equal protection, voting rights, legal history, civil war amendments, reconstruction, critical race theory, constitutional law, Black Lives Matter, social change

20.

The Illusion of Efficiency in Workers' Compensation 'Reform' - Part Two

Rutgers Law Review, Vol. 50, p. 657, 1998
Number of pages: 141 Posted: 07 Jan 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 129 (476,332)
Citation 2

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workers' compensation, critical legal studies, law and economics, efficiency, occupational safety, occupational health, industrial accidents, no-fault compensation, social insurance, welfare policy, work disability, work accidents

21.

Rethinking Economics for Tax Law and Political Economy

83 Ohio St. L.J. Online 94 (2022), University at Buffalo School of Law Legal Studies Research Paper No. 2022-012
Number of pages: 18 Posted: 23 Jan 2023
Martha T. McCluskey
University at Buffalo Law School
Downloads 116 (517,085)

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tax, tax policy, law and economics, climate, democracy, Law and Political Economy, money, energy policy, fossil fuels, banking, sustainability, finance, inequality

22.

The Illusion of Efficiency in Workers' Compensation 'Reform' (Part One of Two Part Pdf File)

Rutgers Law Review, Vol. 50, No. 3, Spring 1998
Number of pages: 144 Posted: 08 Dec 1998 Last Revised: 09 Jan 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 107 (549,280)

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workers compensation, tort law, no-fault, social insurance, work disability, work accidents, industrial accidents, occupational safety, occupational health, law and economics, critical legal studies, efficiency, welfare, legal theory, socioeconomics

23.

Framing Middle-Class Insecurity: Tax and the Ideology of Unequal Economic Growth

Fordham Law Review, Vol. 84, No. 6, 2016, University at Buffalo School of Law Legal Studies Research Paper No. 2017-003
Number of pages: 22 Posted: 30 Aug 2017 Last Revised: 31 Aug 2017
Martha T. McCluskey
University at Buffalo Law School
Downloads 100 (576,885)
Citation 2

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tax policy, tax incentives, optimal taxation, economic development subsidies, economic inequality, law and economics, state and local government, neoliberalism, austerity, redistribution, economic justice, welfare state, modern money theory

24.

How Money for Legal Scholarship Disadvantages Feminism

SUNY Buffalo Legal Studies Research Paper No. 2014-014
Number of pages: 42 Posted: 20 Dec 2013
Martha T. McCluskey
University at Buffalo Law School
Downloads 97 (588,649)

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legal theory, jurisprudence, law and economics, Olin foundation, feminism, feminist legal theory, Federalist Society, critical legal studies, critical race theory, Cass Sunstein, Richard Posner, gender, law schools, transparency, ethics, disclosure, conflicts of interest

25.

Are We Economic Engines Too? Precarity, Productivity and Gender

49 University of Toledo Law Review 631 (2018), University at Buffalo School of Law Legal Studies Research Paper No. 2018-016
Number of pages: 26 Posted: 19 Jul 2019
Martha T. McCluskey
University at Buffalo Law School
Downloads 87 (630,248)

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gender equity, sex discrimination, economic inequality, employment discrimination, gig economy, precarity, economic development, knowledge economy, innovation, venture capital, masculinity, intersectionality, productivity, law and economics, political economy, sexual harassment

26.

Insurer Moral Hazard in the Workers’ Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression

Employee Rights and Employment Policy Journal, Vol. 5, No. 1, 2001
Number of pages: 56 Posted: 08 Jan 2011
Martha T. McCluskey
University at Buffalo Law School
Downloads 76 (682,148)

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regulation, insurance, workers' compensation, price controls, occupational health and safety, law and economics, critical legal studies, moral hazard

27.

Toward a Fundamental Right to Evade Law? The Rule of Power in Shelby County and State Farm

17 Berkeley Journal Of African-American Law & Policy 216 (2015), 7 Touro Law Journal Of Race, Gender, & Ethnicity 216 (2014-15), SUNY Buffalo Legal Studies Research Paper No. 2015-033
Number of pages: 15 Posted: 04 Mar 2016
Martha T. McCluskey
University at Buffalo Law School
Downloads 45 (887,752)

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voting rights, deterrence, federalism, constitutional law, inequality, critical legal studies, classcrits, rule of law, politics of law, election law, punitive damages, tort reform, civil rights

28.

When Caring is Work: Home, Health, and the Invisible Workforce

61 Buff. L. Rev. 253 (2013), SUNY Buffalo Legal Studies Research Paper No. 2013-050
Number of pages: 17 Posted: 04 Mar 2016
Dianne Avery and Martha T. McCluskey
SUNY Buffalo Law School, State University of New York and University at Buffalo Law School
Downloads 37 (962,626)

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vulnerability, inequality, health care, employment, labor, family law, caretaking, gender and the law, low-wage workers, law and society, legal history, elder law

29.

Big Government Against Social Responsibility: A Vulnerability Critique of Privatization's Public Priorities

Martha Albertson Fineman, Titti Mattsson & Ulrika Andersson, eds., Privatization, Vulnerability, and Social Responsibility: A Comparative Perspective (Routledge 2017)
Posted: 18 Sep 2017
Martha T. McCluskey
University at Buffalo Law School

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privatization, neoliberalism, vulnerability, feminism, law and economics, welfare state, higher education, economic development, corruption, dependency, human rights, autonomy, citizenship

30.

Regulating Forced Arbitration in Consumer Financial Services: Re-Opening the Courthouse Doors to Victimized Consumers

Posted: 13 Jun 2016
Martha T. McCluskey, Thomas Owen McGarity, Sidney A. Shapiro, James Goodwin and Mollie Rosenzweig
University at Buffalo Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, Center for Progressive Reform and Center for Progressive Reform

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Access to Courts, Civil Justice, Arbitration, Class Action, Cost-Benefit Analysis, Consumer Rights, Corporate Accountability