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Factors, Scott Rempell
Rules Vs. Standards In Private Ordering, Tomer S. Stein
Rules Vs. Standards In Private Ordering, Tomer S. Stein
Buffalo Law Review
The tradeoff between bright-line rules and general standards is one of the bedrocks of law design. This tradeoff determines how legal norms are composed. The tradeoff between rules and standards pervasively affects private ordering as well: it determines how contractual norms are composed. Yet, scholars exploring the rule vs. standard dichotomy have either entirely overlooked the tradeoff taking place in private orderings or equated it with the public tradeoff that dominates lawmaking.
This Article is the first to systematically examine the rule vs. standard tradeoff in private orderings. The Article carries out this task by identifying and analyzing the fundamental …
Taking Restorative Justice Seriously, Adriaan Lanni
Taking Restorative Justice Seriously, Adriaan Lanni
Buffalo Law Review
Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …
Rules, Standards, And Such, Kevin M. Clermont
Rules, Standards, And Such, Kevin M. Clermont
Buffalo Law Review
This Article aims to create a complete typology of the forms of decisional law. Distinguishing “rules” from “standards” is the most commonly attempted jurisprudential line, roughly drawn between nonvague and vague. But no agreement exists on the dimension along which the rule/standard terminology lies, or on where the dividing line on the continuum lies. Thus, classifying in terms of vagueness is itself vague. Ultimately it does not aid legal actors in formulating or applying the law. The classification works best as an evocative image.
A clearer distinction would be useful in formulating and applying the law. For the law-applier, it …
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
Buffalo Law Review
Restrictions on federal funding for research pertaining to firearm policy have stymied academic inquiry by social science and public health researchers for over two decades. As a result, most researchers agree that our public discourse about this urgent issue is woefully under-informed, or even ill-informed, on both sides of the debate. Legal academia, which does not operate under the same grant-writing regime as most other disciplines, can and should help fill this gap in researching and theorizing the unresolved questions related to firearm policy. In fact, theoretical development and clarification from the legal academy is often a necessary antecedent for …
Crafted From Whole Cloth: Reverse Stash-House Stings And The Sentencing Factor Manipulation Claim, Molly F. Spakowski
Crafted From Whole Cloth: Reverse Stash-House Stings And The Sentencing Factor Manipulation Claim, Molly F. Spakowski
Buffalo Law Review
Kenneth Flowers is currently serving a mandatory minimum sentence of 120 months imprisonment stemming from a conviction of conspiracy to possess with intent to distribute five or more kilograms of cocaine. While the ten-year prison sentence is very real, the five-kilograms of cocaine is not, and never was. Mr. Flowers was caught-up in one of the elaborate and overused “reverse stash-house sting” operations employed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”).
Mr. Flowers’ story is one of many similar cases resulting from the government operation conducted by the ATF known as a reverse stash-house sting operation. The …
Decarcerating America: The Opportunistic Overlap Between Theory And (Mainly State) Sentencing Practice As A Pathway To Meaningful Reform, Mirko Bagaric, Daniel Mccord
Decarcerating America: The Opportunistic Overlap Between Theory And (Mainly State) Sentencing Practice As A Pathway To Meaningful Reform, Mirko Bagaric, Daniel Mccord
Buffalo Law Review
Criminals engender no community sympathy and have no political capital. This is part of the reason that the United States has the highest prison population on earth, and by a considerable margin. Incarceration levels grew four-fold over the past forty years. Despite this, America is now experiencing an unprecedented phenomenon whereby many states are now simultaneously implementing measures to reduce prison numbers. The unusual aspect of this is that the response is neither coordinated nor consistent in its approach, but the movement is unmistakable. This ground up approach to reducing prison numbers suffers from the misgiving that it is an …
Agency And Insanity, Stephen P. Garvey
Agency And Insanity, Stephen P. Garvey
Buffalo Law Review
This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of agency …
Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist
Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist
Buffalo Law Review
No abstract provided.
Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman
Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman
Buffalo Public Interest Law Journal
No abstract provided.
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
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.
The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan
The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan
Buffalo Human Rights Law Review
No abstract provided.
A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra
A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra
Buffalo Law Review
No abstract provided.
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.
Buffalo Law Review
No abstract provided.
Organic Poise: Capitalism As Law, Christopher Tomlins
Organic Poise: Capitalism As Law, Christopher Tomlins
Buffalo Law Review
No abstract provided.
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
Buffalo Law Review
No abstract provided.
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Humbug: Toward A Legal History, Susanna Blumenthal
Humbug: Toward A Legal History, Susanna Blumenthal
Buffalo Law Review
No abstract provided.
Textiles: Popular Culture And The Law, Laura F. Edwards
Textiles: Popular Culture And The Law, Laura F. Edwards
Buffalo Law Review
No abstract provided.
Some Final Observations On Legal Intellectual History, Robert W. Gordon
Some Final Observations On Legal Intellectual History, Robert W. Gordon
Buffalo Law Review
No abstract provided.
Causation, Legal History, And Legal Doctrine, Charles Barzun
Causation, Legal History, And Legal Doctrine, Charles Barzun
Buffalo Law Review
No abstract provided.
Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel
Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Buffalo Law Review
No abstract provided.
Indeterminacy, Value Pluralism, And Tragic Cases, David Wolitz
Indeterminacy, Value Pluralism, And Tragic Cases, David Wolitz
Buffalo Law Review
No abstract provided.
Natural Law, Equality, And Same-Sex Marriage, Perry Dane
Natural Law, Equality, And Same-Sex Marriage, Perry Dane
Buffalo Law Review
No abstract provided.
The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark
The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Market As A Legal Concept, Justin Desautels-Stein
The Market As A Legal Concept, Justin Desautels-Stein
Buffalo Law Review
No abstract provided.
Langdell And The Invention Of Legal Doctrine, Catharine Pierce Wells
Langdell And The Invention Of Legal Doctrine, Catharine Pierce Wells
Buffalo Law Review
No abstract provided.
One Less Note To Answer, John Henry Schlegel
Jack Hyman, Student, Alfred S. Konefsky