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Full-Text Articles in Law

Clouded Precedent: Tandon V. Newsom And Its Implications For The Shadow Docket, Alexander Gouzoules Feb 2022

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 May 2015

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 Dec 2011

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 Apr 2003

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 Oct 1992

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 Oct 1991

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 Jan 1991

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 Jan 1990

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 Apr 1988

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 Apr 1984

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 Jul 1981

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 Apr 1979

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 Jul 1978

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 Apr 1978

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 Oct 1976

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 Jan 1976

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 Jan 1975

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 Apr 1974

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 Jan 1974

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 Apr 1973

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 Apr 1973

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 Oct 1972

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 Oct 1972

Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner

Buffalo Law Review

No abstract provided.


Treatment Of Debtors, O. John Rogge Oct 1972

Treatment Of Debtors, O. John Rogge

Buffalo Law Review

No abstract provided.


Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein Oct 1972

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 Jan 1972

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 Oct 1971

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 Jan 1971

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 Oct 1970

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 Apr 1970

Hague V. C.I.O.: Mr. Justice Stone's Test Of Federal Jurisdiction—A Reappraisal, David D. Laufer

Buffalo Law Review

No abstract provided.