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Jurisprudence

Buffalo Law Review

2022

Articles 1 - 2 of 2

Full-Text Articles in Law

Factors, Scott Rempell Dec 2022

Factors, Scott Rempell

Buffalo Law Review

No abstract provided.


The Principle Of Party Presentation, Jeffrey M. Anderson Jul 2022

The Principle Of Party Presentation, Jeffrey M. Anderson

Buffalo Law Review

Our adversarial system of adjudication is characterized by active parties and (relatively) passive judges; the parties identify the issues in dispute, and the judge decides those issues. Sua sponte decision-making—whereby a judge raises and decides new issues not presented by the parties—undermines this adversarial system. For decades, courts and commentators have struggled to explain when sua sponte decision-making may be appropriate. That issue was particularly important to the late Justice Ruth Bader Ginsburg, who has been described as “The Great Proceduralist.” In a series of oral arguments and opinions during her tenure on the Supreme Court, Justice Ginsburg repeatedly invoked …