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Constitutional Law

Buffalo Law Review

Journal

2019

Articles 1 - 5 of 5

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Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers Dec 2019

Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers

Buffalo Law Review

No abstract provided.


Drying Up The Slippery Slope: A New Approach To The Second Amendment, Stephanie Cooper Blum Aug 2019

Drying Up The Slippery Slope: A New Approach To The Second Amendment, Stephanie Cooper Blum

Buffalo Law Review

Few issues are as divisive as guns in American society. In 2017, gun deaths in the United States reached their highest level in nearly forty years. The status quo is untenable as many gun rights groups feel that gun regulations are just a first step in a slippery slope of undermining the Second Amendment’s right to bear arms for self-defense. Conversely, many gun violence prevention activists insist that reasonable regulations concerning public safety can co-exist with the right to bear arms. This quagmire will never abate because on many levels both sides are right. For over 200 years, the courts …


Nondelegation And The Major Questions Doctrine: Displacing Interpretive Power, Marla D. Tortorice Aug 2019

Nondelegation And The Major Questions Doctrine: Displacing Interpretive Power, Marla D. Tortorice

Buffalo Law Review

No abstract provided.


Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister Aug 2019

Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister

Buffalo Law Review

This Article examines whether sexual orientation discrimination claims are a form of sex-plus discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination in employment on the basis of “sex.” Until very recently, every United States Court of Appeals to have interpreted Title VII’s prohibition of sex discrimination had determined that it does not encompass claims on the basis of sexual orientation. Times, and judicial interpretations, are changing. In April 2017, the United States Court of Appeals for the Seventh Circuit overturned decades of precedent by holding that sexual orientation discrimination claims are indeed encompassed …


Transformative Constitutions And The Role Of Integrity Institutions In Tempering Power: The Case Of Resistance To State Capture In Post-Apartheid South Africa, Heinz Klug May 2019

Transformative Constitutions And The Role Of Integrity Institutions In Tempering Power: The Case Of Resistance To State Capture In Post-Apartheid South Africa, Heinz Klug

Buffalo Law Review

No abstract provided.