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On The Place Of Judge-Made Law In A Government Of Laws, Matthew J. Steilen

Journal Articles

This essay explores a constitutional account of the elevation of the judiciary in American states following the Revolution. The core of the account is a connection between two fundamental concepts in Anglo-American constitutional thinking, discretion and a government of laws. In the periods examined here, arbitrary discretion tended to be associated with alien power and heteronomy, while bounded discretion was associated with self-rule. The formal, solemn, forensic, and public character of proceedings in courts of law suggested to some that judge-made law (a product of judicial discretion under these proceedings) did not express simply the will of the judge or …

Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau Wa Mutua

Contributions to Books

Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.

Seeking Justice Globally: Students Can Afford To Follow Their Passion With A Little Financial Help, Ub Law Forum

UB Law Forum

No abstract provided.

Driving Change Through Service To The Community, Ub Law Forum

UB Law Forum

No abstract provided.

Ub Law Forum Volume 31 Number 1 Fall 2016, University At Buffalo School Of Law

UB Law Forum

No abstract provided.

Intrastate Federalism, Rick Su

Journal Articles

In debates about the role of federalism in America, much turns on the differences between states. But what about divisions within states? The site of political conflict in America is shifting: battles once marked by interstate conflict at the national level are increasingly reflected in intrastate clashes at the local. This shift has not undermined the role of federalism in American politics, as many predicted. Rather, federalism's role has evolved to encompass the growing divide within states and between localities. In other words, federalism disputes — formally structured as between the federal government and the states — are increasingly being …

Forgiveness, Blame, And Punishment, James Staihar

Buffalo Public Interest Law Journal

When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

Buffalo Public Interest Law Journal

No abstract provided.

Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi

Buffalo Law Review

No abstract provided.

Ending The Internal Affairs Farce, Rachel Moran

Buffalo Law Review

No abstract provided.

A New Power?: Civil Offenses And Presidential Clemency, Noah A. Messing

Buffalo Law Review

No abstract provided.

Ian Harper, Tobias Kelly & Akshay Khanna's The Clinic And The Court: Law, Medicine, And Elizabeth Mertz, Anthropology & The Role Of Social Science In Law (Review Essay), Anya Bernstein

Book Reviews

This essay reviews The Clinic and the Court (Ian Harper, Tobias Kelly, and Akshay Khanna eds., 2015) and The Role of Social Science in Law (Elizabeth Mertz ed., 2008). One edited volume focuses on medicine; the other on social science. Each shows how expert discourses interact with the expert discourse of law, being shaped by it and shaping it from the inside. And each provides a chance to consider how we can study the role of context in law: how to recognize moments where legal actors pick out aspects of the world as relevant, how to evaluate their interpretations of …

Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew J. Steilen

Journal Articles

This Article argues that procedural due process can be understood as a choice-of-law doctrine. Many procedural due process cases require courts to choose between a procedural regime characteristic of the common law - personal notice, oral hearing, neutral judge, and jury trial - and summary procedures employed in administrative agencies.

This way of thinking about procedural due process is at odds with the current balancing test associated with the Supreme Court’s opinion in Mathews v. Eldridge. This Article aims to show, however, that it is consistent with case law over a much longer period, indeed, most of American history. It …

Protecting The Compromised Worker: A Challenge For Employment Discrimination Law, Peter Siegelman

Buffalo Law Review

No abstract provided.

Parental Parity: Intentional Parenthood's Promise, Melanie B. Jacobs

Buffalo Law Review

No abstract provided.

Empowering Voices: Working Toward A Children's Right To Participatory Agency In Their Courtroom Experience, Kelsey Marie Ellen Till

Buffalo Law Review

No abstract provided.

Alumni Clout Ripples Across The World, Ub Law Forum

UB Law Forum

No abstract provided.

High-Powered Board Will Advise Advocacy Institute, Ub Law Forum

UB Law Forum

No abstract provided.

Ub Law Forum Volume 30 Number 2 Spring 2016, University At Buffalo School Of Law

UB Law Forum

No abstract provided.

Steilen's History-Of-Law Paper Selected For Leading Conference, Ub Law Forum

UB Law Forum

No abstract provided.

Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte

Buffalo Human Rights Law Review

No abstract provided.

The North Korea Human Rights Act: South Korean And International Efforts And The Necessity For The Law, Shinbum Han

Buffalo Human Rights Law Review

No abstract provided.

Title Page And Editorial Board, Buffalo Human Rights Law Review

Buffalo Human Rights Law Review

No abstract provided.

Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo

Journal Articles

On September 11, 2001, United Airlines Flight 93 — one of the four airplanes hijacked that day — crashed into a vacant parcel of land in rural Pennsylvania, killing all on board. For many, including family members of those killed in the attack and the Park Service that now manages the national memorial at the site, the former strip mine was transformed into ‘sacred’ ground. Unable to settle on a price with the landowner, in 2009 the government took the property through eminent domain. Focusing on the ongoing effort in United States of America v. 275.81 Acres of Land to …

The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell

Buffalo Human Rights Law Review

No abstract provided.

Bills Of Attainder, Matthew J. Steilen

Journal Articles

What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills.

This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of …

All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr.

Journal Articles

No abstract provided.

Justice Brennan And The Foundations Of Human Rights Federalism, James A. Gardner

Journal Articles

In a well-known and widely cited 1977 law review article, Justice William J. Brennan called on state courts to “step into the breach” and use their authority as independent interpreters of state constitutions to continue on the state level the expansion of individual liberties begun on the national level by the Warren Court. Justice Brennan was right about the importance of independent state constitutional law, but he was wrong about the reason. The benefits of independent state constitutional law have little to do with expanding human rights and everything to do with federalism. The confusion is understandable; both individual rights …

Linking Law And Life: Justice Sotomayor’S Judicial Voice, Laura Krugman Ray

The Docket

No abstract provided.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.