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Full-Text Articles in Law
When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States, Lucy T. Shephard
When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States, Lucy T. Shephard
Buffalo Law Review
No abstract provided.
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Buffalo Law Review
One-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right …
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Buffalo Law Review
No abstract provided.
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy
Buffalo Law Review
No abstract provided.
When Provocation Is No Excuse: Making Gun Owners Bear The Risks Of Carrying In Public, Eric A. Johnson
When Provocation Is No Excuse: Making Gun Owners Bear The Risks Of Carrying In Public, Eric A. Johnson
Buffalo Law Review
Markeis McGlockton, an unarmed 28-year-old African-American father of three, was shot to death in front of his five-year-old son by “wannabe police officer” Michael Drejka during an argument over parking. Because McGlockton had shoved Drejka before Drejka shot him, Drejka was convicted only of heat-of-passion manslaughter, not murder. This Article argues that the heat-of-passion defense shouldn’t be available in cases like Drejka’s—cases where the defendant was carrying a loaded gun in public at the time of the provocation and used the gun to kill his provoker. The heat-of-passion defense is a concession to the difficulty of complying with the law’s …
Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin
Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin
Buffalo Law Review
No abstract provided.
"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver
"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver
Buffalo Law Review
No abstract provided.
The Orwell Court: How The Supreme Court Recast History And Minimized The Role Of The U.S. Sentencing Guidelines To Justify Limiting The Impact Of Johnson V. United States, Brandon E. Beck
Buffalo Law Review
In recent years, federal criminal defendants have enjoyed great success in challenging “residual clauses” within the United States Code as unconstitutional. This began in 2015 when the United States Supreme Court, in Johnson v. United States,1 struck a portion of the Armed Career Criminal Act2 as void for vagueness. Johnson’s holding at first appeared monumental because it invalidated a provision commonly used to enhance the prison sentences of offenders with certain qualifying prior convictions. Subsequent developments, however, significantly dulled the impact of Johnson, thwarting the dramatic reduction in sentences it once foreshadowed.
This Article is about how Johnson came to …
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 …
Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld
Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld
Buffalo Law Review
No abstract provided.
Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi
Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi
Buffalo Law Review
No abstract provided.
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
Buffalo Law Review
No abstract provided.
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Buffalo Law Review
No abstract provided.
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
Buffalo Law Review
No abstract provided.
The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn
The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn
Buffalo Law Review
No abstract provided.
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Buffalo Law Review
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.
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Buffalo Law Review
No abstract provided.
Prosecution Without Representation, Douglas L. Colbert
Prosecution Without Representation, Douglas L. Colbert
Buffalo Law Review
No abstract provided.
Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson
Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson
Buffalo Law Review
No abstract provided.
Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins
Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins
Buffalo Law Review
No abstract provided.
The End Of Indeterminate Sentencing In New York: The Death And Rebirth Of Rehabilitation, Joshua Logan Pennel
The End Of Indeterminate Sentencing In New York: The Death And Rebirth Of Rehabilitation, Joshua Logan Pennel
Buffalo Law Review
No abstract provided.
Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller
Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller
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.
Making Comparative Criminal Law Possible, Lutz Eidam
Making Comparative Criminal Law Possible, Lutz Eidam
Buffalo Law Review
No abstract provided.
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
Buffalo Law Review
Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber
"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
Neonaticide: When The Bough Breaks And The Cradle Falls, Shannon Farley
Neonaticide: When The Bough Breaks And The Cradle Falls, Shannon Farley
Buffalo Law Review
No abstract provided.
The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias
The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias
Buffalo Law Review
No abstract provided.