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Articles 1 - 30 of 61
Full-Text Articles in Law
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Journal Articles
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas
Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas
Buffalo Environmental Law Journal
No abstract provided.
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Journal Articles
No abstract provided.
Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York
Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York
Other Scholarship
Text of a proposed New York Trust Code to be submitted to the New York Legislature.
The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa
The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa
Journal Articles
No abstract provided.
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Journal Articles
Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
Journal Articles
This essay, prepared in connection with the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, examines ERISA’s regime for administering benefit claims and, in particular, the requirement that participants exhaust their plan’s review procedures before filing suit to recover benefits. Like other key elements of ERISA’s claims regime, the exhaustion requirement is a judicial creation that is not articulated in ERISA’s text. Interestingly, former congressional staffers who attended the Symposium said they assumed participants would be required to exhaust plan review procedures but failed to include such a requirement in the legislation. After reviewing the development of …
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
Buffalo Public Interest Law Journal
No abstract provided.
The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi
The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi
Buffalo Law Review
No abstract provided.
Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter
Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter
Buffalo Law Review
No abstract provided.
Sizing Up Local Legislatures, James A. Gardner, Kathryn A. Foster
Sizing Up Local Legislatures, James A. Gardner, Kathryn A. Foster
Other Scholarship
No abstract provided.
Do As I Say, Not As I Do: An International And Comparative Study Of Governments' Rights To "Infringe" Patents In Light Of The Federal Circuit's Recent Interpretation Of 28 U.S.C. § 1498 And A Call For Congress To Modernize The Statute, Blake Evan Reese
Buffalo Intellectual Property Law Journal
No abstract provided.
Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale
Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale
Buffalo Environmental Law Journal
No abstract provided.
Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger
Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger
Journal Articles
Many industrial organizations are committing to achieve improved environmental performance through non-governmentally instituted environmental certification programs. Such programs typically define the environmental standards that firms must meet as well as the organizational mechanisms required to achieve and "certify" compliance. Well known examples include the chemical industry's "Responsible Care" program, the International Organization for Standardization's "ISO 14000" environmental management program, and the Forest Stewardship Council's well-managed forests program.
Because of their ostensibly private and voluntary nature, environmental certification programs are often presumed to be separate and distinct from law. In fact, however, they are deeply intertwined with law, and seem likely …
The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long
The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long
Journal Articles
No abstract provided.
Date Rape Prohibition Act Of 1999, Caroline E. Edwards
Date Rape Prohibition Act Of 1999, Caroline E. Edwards
Buffalo Women's Law Journal
No abstract provided.
Domestic Violence And Sexual Asaault Victims' Housing Act, Caroline Edwards
Domestic Violence And Sexual Asaault Victims' Housing Act, Caroline Edwards
Buffalo Women's Law Journal
No abstract provided.
The Violence Against Women Act Of 1999, Margaret Murphy
The Violence Against Women Act Of 1999, Margaret Murphy
Buffalo Women's Law Journal
No abstract provided.
Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards
Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards
Buffalo Women's Law Journal
No abstract provided.
Tort Reform: An Important Issue For Women, Lucinda M. Finley
Tort Reform: An Important Issue For Women, Lucinda M. Finley
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Pawnbroking: Coming To America, Observations Of Statutory Non-Uniformity And A Call For Uniform Legislation, Jarret C. Oeltjen
Pawnbroking: Coming To America, Observations Of Statutory Non-Uniformity And A Call For Uniform Legislation, Jarret C. Oeltjen
Buffalo Law Review
No abstract provided.
Pawnbroking On Parade, Jarret C. Oeltjen
Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach
Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach
Buffalo Law Review
No abstract provided.
The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus
The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus
Buffalo Law Review
No abstract provided.
On Legalities And Linguistics: Plain Language Legislation, Stephen M. Ross
On Legalities And Linguistics: Plain Language Legislation, Stephen M. Ross
Buffalo Law Review
No abstract provided.
Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz
Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz
Buffalo Law Review
No abstract provided.
Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald
Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald
Buffalo Law Review
No abstract provided.
Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick
Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick
Buffalo Law Review
No abstract provided.
The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford
The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford
Buffalo Law Review
No abstract provided.
The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger
The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger
Buffalo Law Review
No abstract provided.