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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long
The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long
Buffalo Law Review
The Gettysburg Address does not appear to be a legal argument. One cannot find a rule anywhere in its few words. Nor does there seem to be any application of a rule to the facts of the case. There is a simple reason for this absence: the law in 1863 was wrong. Lincoln knew that, but he was too much the lawyer to advocate law-breaking. Instead, he used all the skills he had learned from his years in the courtroom to urge his listeners to look beyond the law’s flaws to find the truth of the Declaration’s “self-evident truth.”
On Preparing The Soil For Rain, Errol Meidinger
On Preparing The Soil For Rain, Errol Meidinger
Buffalo Law Review
This Essay examines several possibilities for improving our thinking about the vexing, multifaceted problem of revitalizing languishing regions of the United States. Its jumping-off point is an important work of socio-economiclegal history: While Waiting for Rain: Community, Economy, and Law in a Time of Change, by John Henry Schlegel. The book seeks to understand the steady decline of US regional economies, particularly Buffalo, following a period of relatively high prosperity from World War II through the 1950s; its tandem question is how those economies might be revived. Based on a very full and rich exposition, Schlegel argues that, like farmers …
Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.
Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.
Buffalo Law Review
The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.
Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers
Buffalo Law Review
No abstract provided.
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Buffalo Human Rights Law Review
Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.
The Spirit And Task Of Democratic Cosmopolitanism: European Political Identity At The Limits Of Transnational Law, Paul Linden-Retek
The Spirit And Task Of Democratic Cosmopolitanism: European Political Identity At The Limits Of Transnational Law, Paul Linden-Retek
Journal Articles
The problem motivating this essay is the continuing, yet difficult hope for a Europe of democratic cosmopolitanism, for a Europe in which cosmopolitics works to continually question the terms of lingering exclusion while preserving our ideals of self-legislation and democratic authorship. In what follows, I expand the familiar criticism of Europe’s democratic legitimacy gap, its democratic deficit, as a lens through which to analyse the possibility of a supranational participatory identity within the European political space. First, I describe the contemporary juridification of European politics, specifically concerning the legal formalism of the European Court of Justice, and the dangers such …
Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana
Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana
Buffalo Human Rights Law Review
No abstract provided.
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
Buffalo Environmental Law Journal
No abstract provided.
Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul Heald
Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul Heald
Buffalo Law Review
No abstract provided.
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Journal Articles
This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney
Buffalo Law Review
No abstract provided.
Rule-Based Expression In Copyright Law, Jeffrey Malkan
Rule-Based Expression In Copyright Law, Jeffrey Malkan
Buffalo Law Review
No abstract provided.
The Eu's Protectionism Problem, Meredith Kolsky Lewis
The Eu's Protectionism Problem, Meredith Kolsky Lewis
Journal Articles
No abstract provided.
More Crabs, But Still No Barrel, John Henry Schlegel
More Crabs, But Still No Barrel, John Henry Schlegel
Other Scholarship
No abstract provided.
Law And Religion In Colonial America, Mark Mcgarvie, Elizabeth B. Mensch
Law And Religion In Colonial America, Mark Mcgarvie, Elizabeth B. Mensch
Contributions to Books
Published in Cambridge History of American Law, Volume 1: Early America (1580-1815), Michael Grossberg & Christopher Tomlins, eds.
The Commodification Of Women's Work: Theorizing The Advancement Of African Women, Tiffany M. Mckinney Gardner
The Commodification Of Women's Work: Theorizing The Advancement Of African Women, Tiffany M. Mckinney Gardner
Buffalo Human Rights Law Review
No abstract provided.
Understanding Buffalo's Economic Development (Review Essay), Thomas E. Headrick, John Henry Schlegel
Understanding Buffalo's Economic Development (Review Essay), Thomas E. Headrick, John Henry Schlegel
Book Reviews
Reviewing Diana Dillaway, Power Failure: Politics, Patronage, and the Economic Future of Buffalo, New York (2006).
The Opinion Volume 43 Issue 5 – March 1, 2005, The Opinion
The Opinion Volume 43 Issue 5 – March 1, 2005, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March, 1, 2005
Like Crabs In A Barrel: Economy, History And Redevelopment In Buffalo, John Henry Schlegel
Like Crabs In A Barrel: Economy, History And Redevelopment In Buffalo, John Henry Schlegel
Other Scholarship
No abstract provided.
The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion
The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 23, 2002
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Buffalo Human Rights Law Review
No abstract provided.
Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent
Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent
Journal Articles
No abstract provided.
Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew
Protecting The Performers: Setting A New Standard For Character Copyrightability, Mark Bartholomew
Journal Articles
Copyright law protects expressions of ideas, but not the idea itself. Legal disputes over characters arise in the continuum between an idea for a character that has not been expressed at all, and an idea that has been given complete form and shape. The inconsistent common law tests developed to assess character copyrightability demonstrate the difficulty in pinpointing where the dividing line between an undeveloped idea and a sufficiently expressed character should be set. This Article offers a new paradigm for determining character copyrightability, particularly in the case of characters shaped through live performance, that tracks the Hegelian concept of …
The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan
The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan
Buffalo Law Review
No abstract provided.
The Law And Metaphor Of Boycott, Gary Minda
The Opinion Volume 34 Number 2 – September 21, 1993, The Opinion
The Opinion Volume 34 Number 2 – September 21, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 21, 1993
The Opinion Volume 32 Number 13 – March 3, 1992, The Opinion
The Opinion Volume 32 Number 13 – March 3, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 3, 1992. The original print copy is mismarked 2/3/1992.
Sameness And Difference In A Law School Classroom: Working At The Crossroads, Judy Scales-Trent
Sameness And Difference In A Law School Classroom: Working At The Crossroads, Judy Scales-Trent
Journal Articles
No abstract provided.
The Opinion Volume 31 Number 4 – September 25, 1990, The Opinion
The Opinion Volume 31 Number 4 – September 25, 1990, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 25, 1990
A Theory Of Labor Legislation, Alan Hyde