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Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey Dec 2008

Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey

Buffalo Law Review

This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …


In Search Of Sub-National Constitutionalism, James A. Gardner Sep 2008

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …


Injunctions For Defamation, Juries, And And The Clarifying Lens Of 1868, Stephen A. Siegel Jul 2008

Injunctions For Defamation, Juries, And And The Clarifying Lens Of 1868, Stephen A. Siegel

Buffalo Law Review

No abstract provided.


At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott Jul 2008

At The Altar Of Autonomy: The Dangerous Territory Of Abigail Alliance V. Von Eschenbach, Andrea Beth Ott

Buffalo Law Review

No abstract provided.


Wartime Security And Liberty Under Law, Robert H. Jackson Jan 2008

Wartime Security And Liberty Under Law, Robert H. Jackson

Buffalo Law Review

Address delivered at Buffalo Law School. May 9, 1951


Quo Vadis, Habeas Corpus?, James Robertson Jan 2008

Quo Vadis, Habeas Corpus?, James Robertson

Buffalo Law Review

The 2007 James McCormick Mitchell Lecture


Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa Jan 2008

Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa

Journal Articles

This article examines the implications of the Michael Vick case for the criminal law in general and for the law of victimhood in particular. It takes as its point of departure the NFL star's agreement to pay close to one million dollars to the various entities that assumed custody of the pit bulls in order to "make restitution for the full amount of the costs associated with the disposition of all dogs" that were involved in his illegal operation. According to the agreement, the authority to order such payments stems from 18 U.S.C. ý 3663, which allows for the issuance …