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The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long Mar 2024

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 Feb 2024

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. Feb 2022

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 Dec 2019

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 Apr 2015

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.


Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana Sep 2012

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 Apr 2011

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 Jan 2011

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.


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Dec 2009

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 Apr 2009

Rule-Based Expression In Copyright Law, Jeffrey Malkan

Buffalo Law Review

No abstract provided.


The Commodification Of Women's Work: Theorizing The Advancement Of African Women, Tiffany M. Mckinney Gardner Sep 2007

The Commodification Of Women's Work: Theorizing The Advancement Of African Women, Tiffany M. Mckinney Gardner

Buffalo Human Rights Law Review

No abstract provided.


Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna Sep 2002

Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna

Buffalo Human Rights Law Review

No abstract provided.


The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan Oct 1998

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 Oct 1993

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.


A Theory Of Labor Legislation, Alan Hyde Apr 1990

A Theory Of Labor Legislation, Alan Hyde

Buffalo Law Review

No abstract provided.


Mr. John Lord O'Brian: A Brief Appreciation, Francis M. Shea Aug 1974

Mr. John Lord O'Brian: A Brief Appreciation, Francis M. Shea

Buffalo Law Review

No abstract provided.