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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Buffalo Law Review
No abstract provided.
Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner
Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner
Buffalo Law Review
No abstract provided.
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
Buffalo Law Review
No abstract provided.
Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen
Judicial Review And Non-Enforcement At The Founding, Matthew J. Steilen
Journal Articles
This Article examines the relationship between judicial review and presidential non-enforcement of statutory law. Defenders of non-enforcement regularly argue that the justification for judicial review that prevailed at the time of the founding also justifies the president in declining to enforce unconstitutional laws. The argument is unsound. This Article shows that there is essentially no historical evidence, from ratification through the first decade under the Constitution, in support of a non-enforcement power. It also shows that the framers repeatedly made statements inconsistent with the supposition that the president could refuse to enforce laws he deemed unconstitutional. In contrast, during this …
Meet The Class Of 2017, Ub Law Forum
Vice Dean And Professor Luis E. Chiesa Oversees Curriculum, Ub Law Forum
Vice Dean And Professor Luis E. Chiesa Oversees Curriculum, Ub Law Forum
UB Law Forum
No abstract provided.
Black's Wordsmith: Adjunct Gary Muldoon ’76 Makes His Mark In The Definitive Law Dictionary, Ub Law Forum
Black's Wordsmith: Adjunct Gary Muldoon ’76 Makes His Mark In The Definitive Law Dictionary, Ub Law Forum
UB Law Forum
No abstract provided.
Ub Law Forum Volume 29 Number 1 Fall 2014, University At Buffalo School Of Law
Ub Law Forum Volume 29 Number 1 Fall 2014, University At Buffalo School Of Law
UB Law Forum
No abstract provided.
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Buffalo Intellectual Property Law Journal
Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …
The Property Attributes Of Copyright, Pascale Chapdelaine
The Property Attributes Of Copyright, Pascale Chapdelaine
Buffalo Intellectual Property Law Journal
No abstract provided.
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
Journal Articles
When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …
Attorneys' Ethical Responsibility To Provide Pro Bono Legal Services To Those In Need, Tricia Defilipps
Attorneys' Ethical Responsibility To Provide Pro Bono Legal Services To Those In Need, Tricia Defilipps
Buffalo Public Interest Law Journal
No abstract provided.
Are We Punishing "Illegal Citizen" Children To Deter Parents? Critiquing Birthright Citizenship Through The Citizens-Benefits Question And Citizenship Reductionism, Robert F. Ley
Buffalo Public Interest Law Journal
This article proposes that immigration and citizenship law must address the construction of the immigrant child "situated within the family." Counter to scholarly literature which has addressed the need for some form of the best interests of the child standard in immigration to account for unaccompanied minors, and more generally, immigrant children, this article proposes that reformation of immigration law toward a child-centered, or more specifically family-centric, policy requires attending to the flawed presumptions that the "anchor baby" myth creates-that only by devising a language for unintended consequences can we draw closer to recog- nizing the immigrant child as deserving …
Introducing The Class Of 2017, University At Buffalo School Of Law
Introducing The Class Of 2017, University At Buffalo School Of Law
Student Directories
No abstract provided.
Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper
Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis
The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Thinking Slow About Sexual Assault In The Military, Matthew Burris
Thinking Slow About Sexual Assault In The Military, Matthew Burris
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
Journal Articles
This article reviews the decision of the United States Court of Appeals for the Second Circuit to uphold the conviction and sentence of Ahmed Khalfan Ghailani, the sole Guantánamo detainee to have been transferred to the United States for trial. Ghailani was captured nearly five years before his arraignment and argued that his constitutional right to a speedy trial was violated by the delay. The article contends that, in rejecting Ghailani’s argument, the Second Circuit distorted the doctrinal framework governing speedy trial claims and mischaracterized the interests that the speedy trial right is intended to protect. The article also explores …
The Woman Question In Post-Socialist Legal Education, Isabel Marcus
The Woman Question In Post-Socialist Legal Education, Isabel Marcus
Journal Articles
Sex equality—a significant contribution to the international human rights canon—was one of the legitimating principles of socialist states in Eastern Europe and, at least formally, of their post-socialist democratic successors. Why then has the subject been ignored or deeply marginalized in post-socialist legal education? Using socio-legal analysis to establish a legitimation or delegitimation dynamic regarding law in theory and practice in both eras, the author provides answers to this question and suggests various options for reforming post-socialist legal education to provide adequate training in the subject of women’s rights consistent with states’ international and regional human rights obligations.
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Buffalo Law Review
No abstract provided.
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Buffalo Law Review
No abstract provided.
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Journal Articles
In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court’s …
Buddhism And Law In Tibet, Rebecca Redwood French
Buddhism And Law In Tibet, Rebecca Redwood French
Contributions to Books
Published as Chapter 17 in Buddhism and Law: An Introduction, Rebecca Redwood French & Mark A. Nathan, eds.
The Tibetan plateau is an immense high-altitude desert that, except for a few larger towns, was very sparsely populated with agriculturalists, nomadic herders, and merchant traders prior to 1960. The small population and minimal urbanization are the most important distinguishing features of this Buddhist country because concentrated populations are commonly connected to the development of government administration, law, and intellectual production. Despite this, Tibetan culture is known for its long history of enormous production of literary, scholarly, and religious works. Books on …
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Journal Articles
The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This short Article offers a more rehabilitative reading of Windsor, and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.
From Windsor’s holding, the Article distills …
Presidential Politics As A Safeguard Of Federalism: The Case Of Marijuana Legalization, David S. Schwartz
Presidential Politics As A Safeguard Of Federalism: The Case Of Marijuana Legalization, David S. Schwartz
Buffalo Law Review
No abstract provided.
Expert's Analysis Highlights 'Stop And Frisk' Forum, Ub Law Forum
Expert's Analysis Highlights 'Stop And Frisk' Forum, Ub Law Forum
UB Law Forum
No abstract provided.
Ub Law Forum Volume 28 Number 2 Spring 2014, University At Buffalo School Of Law
Ub Law Forum Volume 28 Number 2 Spring 2014, University At Buffalo School Of Law
UB Law Forum
No abstract provided.
In New Role, Professor Miller Advocates For A Just And Inclusive Community, Ub Law Forum
In New Role, Professor Miller Advocates For A Just And Inclusive Community, Ub Law Forum
UB Law Forum
No abstract provided.
A Summer Sampling Of Law School Leads To The Real Thing, Ub Law Forum
A Summer Sampling Of Law School Leads To The Real Thing, Ub Law Forum
UB Law Forum
No abstract provided.
Law School Alumni Association Honors Six With Awards, Ub Law Forum
Law School Alumni Association Honors Six With Awards, Ub Law Forum
UB Law Forum
No abstract provided.