Digital Commons Network^™

Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun

Buffalo Human Rights Law Review

Among the various forms of sexual violence perpetrated against the girl-child, breast ironing remains largely obscured due to its underreporting. Yet thousands of girls, especially in Sub-Saharan Africa where it is most prevalent, continue to suffer in silence. These girls are not just exposed to the immediate violence of this act, but they also carry the scar of this human rights violation for life. With the scholarly focus on the practice rather scant, the necessary legal response has also been checkmated. The goal of this article is to bring international focus to this problem by examining the practice in the …

Life Without Parole: An Eighth Amendment Analysis, Alexis Dicarlo

Buffalo Human Rights Law Review

This Article will analyze the constitutionality of life without parole under the U.S. Supreme Court’s test for categorical bans on sentencing practices. This article first addresses the cruelty of prison and how that affects individuals with life sentences specifically. Next, it will analyze life without parole under the Supreme Court’s Eighth Amendment analysis, starting with examining evolving standards of decency. In doing so, this article will address how the U.S. operates with respect to sentencing compared to the rest of the world. Importantly, it will engage in a culpability analysis, following the Supreme Court’s logic, that ultimately favors abolition of …

Addressing Root Causes: The Need For Ex-Ante Regulation In Business And Human Rights, Vidhya Karnamadakala

Buffalo Human Rights Law Review

With the rise of mandatory human rights due diligence (HRDD) laws across various jurisdictions, governments are turning to regulatory tools to tackle the transnational challenges of business and human rights. Yet, the dominant focus on an ex-post standard such as mandatory HRDD may not adequately address the root causes of rights abuses in commercial activities. The individualized ex-post enforcement model which underpins HRDD has limited potential to address the systemic infrastructure of exploitative business practices. The upstream purchasing and contracting practices which lead to human rights violations in supply chains are overlooked, and even reinforced, in such a model. Without …

Table Of Contents, Buffalo Human Rights Law Review

Buffalo Human Rights Law Review

No abstract provided.

Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave

Buffalo Human Rights Law Review

Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However, current frameworks lack a standardized approach to the conceptualization of hate speech. Some conceptualizations are overbroad, and others are underinclusive; overbroad because they lead to the removal of legal content (e.g. removal tools deleting legal content posted by marginalized communities), and underinclusive as the context of posts by linguistic minorities is often …

Cover And Editorial Board, Buffalo Human Rights Law Review

Buffalo Human Rights Law Review

No abstract provided.

The Forgotten: Nyc And School Segregation, Deja Graham

Buffalo Human Rights Law Review

School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …

Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman

Journal Articles

No abstract provided.

Why Law Isn’T Jazz: A Response, James A. Gardner

The Docket

No abstract provided.

Infinite Archives, Infinite Possibilities: Learning Research And Databases With Archive Of Our Own, Alayna Vander Veer, B. Austin Waters

Law Librarian Journal Articles

This article will discuss the importance of acknowledging the information practices of subcultural groups within library instruction and fostering an inclusive learning environment with the implementation of a workshop by comparing research databases with the popular fanfiction website, Archive of Our Own. By incorporating AO3 into library instruction, students’ interests and prior experiences were engaged by utilizing the principles of subcultural capital. The workshop utilized students’ knowledge of information searching from their personal lives and their interests to highlight similarities with academic research using examples such as filters, keywords, and author searching. This allowed students to develop skills to search …

Reflections On Critical Race Theory In A Time Of Backlash, Athena D. Mutua

Journal Articles

Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging polit- ical campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the miseducation of the American populace, including its children. The campaign suggests, in the case of race, that efforts to promote racial justice, combat racism, and employ race as an analytical lens—antiracism—is racist. That is, the right- wing argument has shifted …

2023-2024 Board Of Editors, Buffalo Law Review

Buffalo Law Review Mastheads

No abstract provided.

Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham

Journal Articles

Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …

Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen

Journal Articles

This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers …

Scholarly Communications Resources, John Beatty

Law Librarian Other Scholarship

A short bibliography of introductory readings on scholarly communications, tailored for law librarians interested in learning about scholarly communications work. Created for The Developing Landscape of Scholarly Communications in Law Schools, presented at CALIcon 2023 by Christine Anne George, Benjamin Carlson, and John Beatty.

Tort Reform & The Takings Clause, Bailey D. Barnes

Buffalo Law Review

The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.

A Takings …

Progressive State Constitutionalism, Jorge M. Farinacci-Fernós

Buffalo Law Review

Unlike the U.S. Constitution, many state constitutions are truly modern documents that address important social, economic, and political issues from a progressive perspective. This is due to the combination of several key features, including: socially oriented historical circumstances; democratic creation processes; significant substantive content guided by ideas of social justice; and adequate judicial enforcement that takes into account these crucial normative elements. As a result, these progressive state constitutions can become powerful allies in the search for a transformative constitutionalism in the United States that facilitates the goals of social justice and collective prosperity.

The constitutional processes in California (1880), …

Patriarchal Violence, Rona Kaufman

Buffalo Law Review

For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women’s inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist theorists have devoted decades to conceptualizing various manifestations of such violence, ranging from private acts, such as sexual assault and intimate partner abuse, to public acts, such as the incarceration of mothers and the criminalization of pregnancy. In this article, I argue in favor of conceptualizing the many …

Table Of Contents, Buffalo Law Review

Buffalo Law Review

No abstract provided.

Medical Falsity: The False Claims Act’S Quagmire For Medicare And Medicaid Claims, Jordan R. Einhorn

Buffalo Law Review

No abstract provided.

Talking About Talking About Surrogacy, Michael Boucai

Buffalo Law Review

No abstract provided.

Legal Writing Handbook For Clinical Students, Nan Haynes

Books

This handbook is for upper-level students enrolled in a clinic, who are expected to draft legal memorandums, briefs, client letters, and pleadings with minimal supervision. Each chapter focuses on a single writing skill. The exercises and examples consistently and cogently employ the techniques and devices advocated in the book.

Clinical students learn by doing. Still, their legal writing experience is limited, so guiding them through written assignments is challenging. They simultaneously need specific feedback on legal writing from their professors, and the opportunity to do as much as possible on their own. I wrote this handbook with that challenge in …

A Grievously Belated Thank You Note, Sanford Levinson

Buffalo Law Review

No abstract provided.

Family Remarks, Justin Pritchard

Buffalo Law Review

No abstract provided.

Table Of Contents, Buffalo Law Review

Buffalo Law Review

No abstract provided.

Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky

Buffalo Law Review

No abstract provided.

Remembering Iz, Linda K. Kerber

Buffalo Law Review

No abstract provided.

Remembering Isabel, Elizabeth M. Schneider

Buffalo Law Review

No abstract provided.

Isabel Marcus:Activist Scholar, Patricia A. Cain

Buffalo Law Review

No abstract provided.

A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono

Buffalo Law Review

No abstract provided.