Law Commons^™

Resurrecting Weighted Voting, Norman R. Williams

Buffalo Law Review

No abstract provided.

The Case For Waivable Employee Rights: A Contrarian View, William R. Corbett

Buffalo Law Review

No abstract provided.

A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli

Buffalo Law Review

No abstract provided.

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), …

Tenure In New York, Matthew W. Finkin

Buffalo Law Review

No abstract provided.

Adirondack Land Use Under The “Forever Wild” Clause After Protect!, Todd Thomas

Buffalo Environmental Law Journal

No abstract provided.

Protecting Consumer Protection: Filling The Federal Enforcement Gap, Amy Widman

Buffalo Law Review

Since 2014, when a first-of-its-kind empirical study looked at how public enforcers use their authority under unfair and deceptive acts and practices (“UDAP”) laws, the enforcement landscape has changed. Most notably, the Trump Administration weakened enforcement on the federal level. In the wake of this political shift, many state enforcers rushed to fill the gap left by weak federal enforcement. At the same time, the state enforcers themselves experienced changes both internal (including changes to budgets and stated policy priorities) and external (electoral changes regarding state Attorneys General, changes to statutory authority, and other changes governing the enforcer’s authority).

This …

Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault

Buffalo Law Review

In the era of metal straws, reusable grocery bags, and glass water bottles, there is no doubt society is becoming more and more environmentally conscious. This ecological ethos has manifested itself inhuge policy shifts away from traditional fossil fuel energy and toward renewable energy, such as wind and solar power. Lawmakers throughoutthe world are making agreements and commitments aimed at decreasingreliance on fossil fuels. In the United States, New York State has taken a leading role in the quest toward renewable energy. With New York State’s ambitious climate goals, though, have come serious encroachments on powers traditionally held by local …

Cannabis Capitalism, Paul J. Larkin Jr.

Buffalo Law Review

No abstract provided.

The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps

Buffalo Law Review

Confederate monuments have again received increased attention in the aftermath of George Floyd’s tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the “death” or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …

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.

The Supreme Court’S Original Jurisdiction Over Disputes Between The United States And A State, Lochlan F. Shelfer

Buffalo Law Review

Does the Supreme Court have jurisdiction to hear controversies between a state and the United States? Although the Supreme Court has asserted this power, commentators have puzzled over the question for decades. Because Article III does not enumerate controversies between a state and the United States, many scholars have concluded that the Court’s exercise of this power is illegitimate, or at least atextual. This Article argues that the Constitution’s text does give the Supreme Court the power to hear such controversies, but to understand why it is necessary to understand the way that the framers would, for the sake of …

Indian Country Complexities And The Ambiguous State Of Marijuana Policy In The United States, Lauren Adornetto

Buffalo Law Review

No abstract provided.

Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto

Buffalo Environmental Law Journal

The origins of the public trust doctrine ma} be traced back to Roman laiw. The Institutes qf Justinian state: "By the lav of nature these things are common to all mankind - the air running water the sea, and consequently the shores of the sea. " The traditional scope of the public trust doctrine in the United States affirms the public right to use waters for navigation, fishing, and commerce. The precise expression of the doctrine varies from state to state because each state is responsible for applying the public trust doctrine within its borders. New York applies the doctrine …

The Plenary Power Of States To Protect Citizens From Environmental Hazards: Who's Failing? New York State: A Case In Point, Tonya R. Lewis

Buffalo Environmental Law Journal

No abstract provided.

Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande

Buffalo Environmental Law Journal

No abstract provided.

Driving Too Fast: Spitzer's Failed Experiment At Immigration Reformation, Katherine Liebner

Buffalo Public Interest Law Journal

No abstract provided.

Statutory Privileges And Immunites For Voluntarily Performed Environmental Audits: Should New York State Join The Race?, Joan M. Fildes

Buffalo Environmental Law Journal

No abstract provided.

Implementing Waters V. Churchill In Light Of The Loudermill Pretermination Hearing, Laura L. Scarry

In the Public Interest

No abstract provided.

In The Matter Of Jane Doe V. Margarita Rosa As Commissioner Of The Division Of Human Rights Of The State Of New York, And State University At Buffalo, Supreme Court Of The State Of New York Index No. 22487/92, Marianne Mariano

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Water Finance Authority: An Evaluation, Mark D. Rasch, Frank Butterini

In the Public Interest

No abstract provided.

Open Government Laws And Public Employment Provisions, Robert G. Vaughn

Buffalo Law Review

No abstract provided.

Fighting Municipal Economic Woes With Planning And Land Use Tools: Land Banking To Promote Urban Shrinkage; A Proposal, Susan Hedges Patton

Buffalo Law Review

No abstract provided.

Providing Municipal Services In New York State: The "Private Contract" Alternative, Thomas J. Kelly Jr.

Buffalo Law Review

No abstract provided.

State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie

Buffalo Law Review

No abstract provided.

Topless Dancing And The Constitution: A New York Town's Experience, Andrew C. Spacone

Buffalo Law Review

No abstract provided.

Abolishing Multiple Majority Referendum Requirements: Is This The Cure For Metropolitan Ills?, Barbara M. Ryniker

Buffalo Law Review

No abstract provided.

Philadelphia's Urban Homesteading Ordinance: A Poor Beginning Toward Reoccupying The Urban Ghost Town, Shelly Scott Friedman

Buffalo Law Review

No abstract provided.

Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel

Buffalo Law Review

No abstract provided.

Conflict Of Interests And The Municipal Employee, Bernard M. Brodsky

Buffalo Law Review

No abstract provided.