Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 169
Full-Text Articles in Law
Clouded Precedent: Tandon V. Newsom And Its Implications For The Shadow Docket, Alexander Gouzoules
Clouded Precedent: Tandon V. Newsom And Its Implications For The Shadow Docket, Alexander Gouzoules
Buffalo Law Review
The Supreme Court’s “shadow docket”—the decisions issued outside its procedures for deciding cases on the merits—has drawn increasing attention and criticism from scholars, commentators, and elected representatives. Shadow docket decisions have been criticized on the grounds that they are made without the benefit of full briefing and argument, and because their abbreviated, per curiam opinions can be difficult for lower courts to interpret.
A spate of shadow docket decisions in the context of free-exercise challenges to COVID-19 public health orders culminated in Tandon v. Newsom, a potentially groundbreaking decision that may upend longstanding doctrines governing claims brought under the Free …
The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon
The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon
Buffalo Law Review
No abstract provided.
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
You've Got Mail: The Modern Trend Towards Universal Electronic Service Of Process, Jeremy A. Colby
You've Got Mail: The Modern Trend Towards Universal Electronic Service Of Process, Jeremy A. Colby
Buffalo Law Review
No abstract provided.
From Verdict To Judgment: The Evolution, Confusion And Reformation Of Cplr Articles 50-A And 50-B, Stephanie L. Argentine
From Verdict To Judgment: The Evolution, Confusion And Reformation Of Cplr Articles 50-A And 50-B, Stephanie L. Argentine
Buffalo Law Review
No abstract provided.
Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown
Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown
Buffalo Law Review
No abstract provided.
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Buffalo Law Review
No abstract provided.
Sanctions For Frivolous Litigation Take Hold In New York, Barbara A. Schaus
Sanctions For Frivolous Litigation Take Hold In New York, Barbara A. Schaus
Buffalo Law Review
No abstract provided.
Rule 11 And Civil Rights Litigation, Carl Tobias
Rule 11 And Civil Rights Litigation, Carl Tobias
Buffalo Law Review
No abstract provided.
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Buffalo Law Review
No abstract provided.
Klein V. City Of Yonkers: A Penumbra Of Uncertainty, Charles E. Roberts
Klein V. City Of Yonkers: A Penumbra Of Uncertainty, Charles E. Roberts
Buffalo Law Review
No abstract provided.
Studies In Boundary Theory: Three Essays In Adjudication And Politics, Al Katz
Studies In Boundary Theory: Three Essays In Adjudication And Politics, Al Katz
Buffalo Law Review
No abstract provided.
Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman
Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman
Buffalo Law Review
No abstract provided.
Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik
Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik
Buffalo Law Review
No abstract provided.
Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane
Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane
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.
The Statute Of Limitations In Strict Products Liability Actions, Florence V. Dean
The Statute Of Limitations In Strict Products Liability Actions, Florence V. Dean
Buffalo Law Review
No abstract provided.
Class Actions In The Federal System And In California: Shattering The Impossible Dream, Edward S. Labowitz
Class Actions In The Federal System And In California: Shattering The Impossible Dream, Edward S. Labowitz
Buffalo Law Review
No abstract provided.
Private Suits In The Public Interest In The United States Of America, Adolf Homburger
Private Suits In The Public Interest In The United States Of America, Adolf Homburger
Buffalo Law Review
An abbreviated version of this paper was presented by the author at a meeting of the Society of Comparative Law in Hamburg, Germany, on September 21, 1973. The full text, printed here, appears also in the "Arbeiten zur Rechtsvergleichung", published by the Society in Germany. While the paper was prepared for a foreign audience, its unitary approach to the full range of private litigation in the public interest—class actions, shareholders' derivative suits and public interest actions—will be of considerable interest to American readers. The Buffalo Law Review gratefully acknowledges the cooperation of the Society of Comparative Law in arranging publication …
Subsidiary Corporations In New York: When Is Mere Ownership Enough To Establish Jurisdiction Over The Parent, Charles I. Wellborn
Subsidiary Corporations In New York: When Is Mere Ownership Enough To Establish Jurisdiction Over The Parent, Charles I. Wellborn
Buffalo Law Review
No abstract provided.
The New York Indians' Right To Self-Determination, James W. Clute
The New York Indians' Right To Self-Determination, James W. Clute
Buffalo Law Review
No abstract provided.
Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt
Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt
Buffalo Law Review
Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).
Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner
Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner
Buffalo Law Review
No abstract provided.
Treatment Of Debtors, O. John Rogge
Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein
Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein
Buffalo Law Review
Neumeier v. Kuehner, 81 N.Y.2d 121, 286 N.E.2d 454, 335 N.Y.S.2d 64 (1972).
Civil Procedure—In Wrongful Death Action Administratrix Not Collaterally Estopped By Prior Decision Against Absentee Owner, James W. Gresens
Civil Procedure—In Wrongful Death Action Administratrix Not Collaterally Estopped By Prior Decision Against Absentee Owner, James W. Gresens
Buffalo Law Review
Molino v. County of Putnam, 29 N.Y.2d 44, 272 N.E.2d 323, 323 N.Y.S.2d 817 (1971).
Civil Procedure—Availability Of Class Actions To Consumers For Fraudulent Misrepresentation By Seller, David A. Sands
Civil Procedure—Availability Of Class Actions To Consumers For Fraudulent Misrepresentation By Seller, David A. Sands
Buffalo Law Review
Vasquez v. Superior Court of San Joaquin County, 4 Cal. 3d 800, 484 P.2d 964, 94 Cal. Rptr. 796 (1971).
Legislation—Personal Service Of Process—Has The Legislature Gone Far Enough?, John C. Spitzmiller
Legislation—Personal Service Of Process—Has The Legislature Gone Far Enough?, John C. Spitzmiller
Buffalo Law Review
No abstract provided.
Functions Of Orality In Austrian And American Civil Procedure, Adolf Homburger
Functions Of Orality In Austrian And American Civil Procedure, Adolf Homburger
Buffalo Law Review
No abstract provided.
Hague V. C.I.O.: Mr. Justice Stone's Test Of Federal Jurisdiction—A Reappraisal, David D. Laufer
Hague V. C.I.O.: Mr. Justice Stone's Test Of Federal Jurisdiction—A Reappraisal, David D. Laufer
Buffalo Law Review
No abstract provided.