Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (6)
- Legal History (4)
- Administrative Law (3)
- Constitutional Law (3)
- Intellectual Property Law (3)
-
- Law and Society (3)
- State and Local Government Law (3)
- Antitrust and Trade Regulation (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Law and Gender (2)
- Law and Politics (2)
- Social and Behavioral Sciences (2)
- American Politics (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Consumer Protection Law (1)
- Criminology and Criminal Justice (1)
- Disability Law (1)
- Energy and Utilities Law (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Food and Drug Law (1)
- Gender and Sexuality (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Law Enforcement and Corrections (1)
- Law and Philosophy (1)
Articles 1 - 30 of 32
Full-Text Articles in Law
An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii
An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii
Buffalo Law Review
There is an ongoing crisis of confidence in American government. Accusations of incompetence and political self-dealing dominate news cycles as public institutions seek to combat—with varying degrees of success—the public health and economic consequences of a global pandemic. Highlighted in this struggle is the larger issue of the importance of integrity to the efficacy and legitimacy of administrative government. This is especially true for agency adjudication, as it is the form of agency action that most directly impacts individuals. Recusal—the process by which an adjudicator is removed, voluntarily or involuntarily, from a specific proceeding—is a time-honored way of protecting the …
The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose
The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose
Buffalo Law Review
Jurors exercise unique legal power when they are asked to decide whether to sentence someone to death. The Supreme Court emphasizes the central role of the jury’s moral judgment in making this sentencing decision, noting that it is the jurors who are best able to “express the conscience of the community on the ultimate question of life or death.” Manylower courts nevertheless narrow the range of admissible evidence at the mitigation phase of a capital trial, insisting on a standard of legal relevance that interferes with the jury’s ability to exercise the very moral judgment the Supreme Court has deemed …
Funding Crises: An Empirical Study Of The Paycheck Protection Program, William A. Birdthistle, Joshua Silver
Funding Crises: An Empirical Study Of The Paycheck Protection Program, William A. Birdthistle, Joshua Silver
Buffalo Law Review
In the early weeks of the COVID-19 pandemic, the United States Congress funded the Paycheck Protection Program (PPP) to address the devastating consequences of business closures and millions of employees losing both their jobs and healthcare coverage during a public health emergency. That program immediately pumped more than a half-trillion dollars of forgivable loans out to five million businesses. But criticism was swift and widespread, if sometimes spurious, with detractors attacking the award of loans to wealthy celebrities such as Kanye West, politically connected donors such as the Kushner family, and large corporations such as Shake Shack and Ruth’s Chris …
Pain Is Enough: Chronic Pain As Disability, Katherine L. Moore
Pain Is Enough: Chronic Pain As Disability, Katherine L. Moore
Buffalo Law Review
States have historically failed to recognize chronic pain as a disability. In medicine, chronic pain has gained increasing recognition as a disability in and of itself, even absent a current, medically determinable physical impairment. The law, however, has been slow to catch up. This Article argues that chronic pain is a disability, even without medical evidence of an underlying impairment, because of pain’s significant functional impact on the body and mind. In the 2018 case of Saunders v. Wilkie, the United States Court of Appeals for the Federal Circuit recognized that “pain is enough” for a veteran to be …
Ai, On The Law Of The Elephant: Toward Understanding Artificial Intelligence, Emile Loza De Siles
Ai, On The Law Of The Elephant: Toward Understanding Artificial Intelligence, Emile Loza De Siles
Buffalo Law Review
Machine learning and other artificial intelligence (AI) systems are changing our world in profound, exponentially rapid, and likely irreversible ways.3 Although AI may be harnessed for great good, it is capable of and is doing great harm at scale to people, communities, societies, and democratic institutions. The dearth of AI governance leaves unchecked AI’s potentially existential risks. Whether sounding urgent alarm or merely jumping on the bandwagon, law scholars, law students, and lawyers at bar are contributing volumes of AI policy and legislative proposals, commentaries, doctrinal theories, and calls to corporate and international organizations for ethical AI leadership. Unfortunately, erroneous, …
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.
Blockchain Copyright Exchange – A Prototype, Jiarui Liu
Blockchain Copyright Exchange – A Prototype, Jiarui Liu
Buffalo Law Review
The copyright market for creative works such as music and movies traditionally involves a complex web of licensing transactions and exorbitant transaction costs. Out of every dollar that consumers pay, an artist who writes, performs, and produces her own work may receive less than fifteen cents while the rest are diverted to cover the costs of financing new production, marketing new works, and distributing royalties. Although artists are typically scheduled to receive royalties on a quarterly basis, a payment may lag as far as two years after users paid. Furthermore, if a collecting society is unable to identify the rightful …
Protecting Consumer Protection: Filling The Federal Enforcement Gap, Amy Widman
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 …
Antitrust Law’S Harm To Competition: A New Understanding Of Exclusivity, Ittai Paldor
Antitrust Law’S Harm To Competition: A New Understanding Of Exclusivity, Ittai Paldor
Buffalo Law Review
One of the long-accepted axioms of antitrust law is that the competitive danger posed by exclusivity agreements increases as the market share foreclosed by these arrangements increases. The larger the market share foreclosed by an exclusivity agreement, the less likely the arrangement is to be upheld by courts. And exclusivity arrangements foreclosing extremely large market shares are practically never upheld. The business community has responded by forsaking such arrangements (or concealing them). This Article challenges this very intuitive axiom. It shows that due to an unobserved feature of exclusivity, when extremely large market shares are foreclosed, the competitive danger posed …
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 …
Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman
Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman
Buffalo Law Review
The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT rights jurisprudence. Bostock’s rule-of-law norm …
Temporary Eminent Domain, Amnon Lehavi
Temporary Eminent Domain, Amnon Lehavi
Buffalo Law Review
Times of emergency call for drastic measures. These steps may include the physical takeover of privately-owned assets by the government for a certain period of time and for various purposes, aimedat addressing the state of emergency. When will such acts amount to a taking, and what compensation should be paid to the property owner? How do temporary physical appropriations during times of emergencydiverge, if at all, from temporary takeovers in more ordinary times?
The doctrinal and theoretical analysis of potential temporary takings has been done mostly in the context of non-physical government intervention with private property, such as when a …
A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski
A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski
Buffalo Law Review
No abstract provided.
Taking Restorative Justice Seriously, Adriaan Lanni
Taking Restorative Justice Seriously, Adriaan Lanni
Buffalo Law Review
Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …
Public Comments Run Amok: Reforming The Notice And Comment Processto Help Reduce The Negative Effects Of Mass And Fake Comments, Gwendolyn Mckee Savitz
Public Comments Run Amok: Reforming The Notice And Comment Processto Help Reduce The Negative Effects Of Mass And Fake Comments, Gwendolyn Mckee Savitz
Buffalo Law Review
The Administrative Procedure Act requires agencies to give the public an opportunity to submit comments in response to proposed regulations. When the proposed regulations address particularly hot-button issues, agencies can be flooded with millions of comments fromthe public in response. This most memorably occurred twice when JohnOliver exhorted viewers of his show to write in to protect net neutrality.The vast majority of the millions of comments submitted in both processes were duplicative, providing no benefit for the agency; sent inunder the name of a person who did not submit them; or both. If the vastmajority of the comments coming in …
A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust, Thomas W. Joo, Leticia Saucedo
A New Paradigm: Rideshare Drivers, Collective Labor Action, Andantitrust, Thomas W. Joo, Leticia Saucedo
Buffalo Law Review
No abstract provided.
Green Energy V. The Constitution: New York State’S Battle With Home Rule Provisions In The Age Of Environmentalism, Alexa L. Archambault
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 …
Whither The Neutral Agency? Rethinking Bias In Regulatory Administration, Daniel B. Rodriguez
Whither The Neutral Agency? Rethinking Bias In Regulatory Administration, Daniel B. Rodriguez
Buffalo Law Review
No abstract provided.
Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson
Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson
Buffalo Law Review
This Article argues that Mayor Pete Buttigieg seized the national imagination and a substantial number of Democratic delegates through the combination of his gay identity and his alignment with masculinity norms generally assigned to heterosexual men, and by taking aim at more senior and qualified women candidates, namely Senators Elizabeth Warren and Amy Klobuchar. Buttigieg’s unprecedented success suggests that some White gay men now enjoy a unique pathway to reclaiming their status as men and asserting White male privilege. In short, contrary to pervasive media claims, Buttigieg’s success should be read as a breakthrough for certain White gay men, but …
Cannabis Capitalism, Paul J. Larkin Jr.
Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang
Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang
Buffalo Law Review
Copyright protection from state offenders is onerous because of the imbalanced bargaining power between states and authors, which is increased by the U.S. Supreme Court decision in Allen v. Cooper. This decision clarifies that state sovereign immunity is not abrogated by the Copyright Remedy Clarification Act of 1990 (“CRCA”). It secures states’ constitutional rights, the public interest, and the efficiency of copyright infringement litigations against states. However, a paradox of this decision is that it may harm innovation incentives or spirits of creativity due to the increased imbalanced bargaining power to prevent authors from being repaired for their economic or …
“Read What Was Never Written”, Christopher Tomlins
“Read What Was Never Written”, Christopher Tomlins
Buffalo Law Review
No abstract provided.
Tuesday Afternoons With Schlegel, Barry Cushman
Tuesday Afternoons With Schlegel, Barry Cushman
Buffalo Law Review
No abstract provided.
The Tale Of Two Harts; A Schlegelian Dialectic, Charles L. Barzun
The Tale Of Two Harts; A Schlegelian Dialectic, Charles L. Barzun
Buffalo Law Review
No abstract provided.
Foreword, David A. Westbrook
John Henry Schlegel And The Muppet Show, Alfred S. Konefsky
John Henry Schlegel And The Muppet Show, Alfred S. Konefsky
Buffalo Law Review
No abstract provided.
Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst
Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst
Buffalo Law Review
No abstract provided.
The Schlegelians V. The Langdellians On Legal Education, Robert W. Gordon
The Schlegelians V. The Langdellians On Legal Education, Robert W. Gordon
Buffalo Law Review
No abstract provided.
Transmission Of Mastery, James A. Gardner
Normativity And Objectivity In Historical Writing (My Dinner With Schlegel), Matt Steilen
Normativity And Objectivity In Historical Writing (My Dinner With Schlegel), Matt Steilen
Buffalo Law Review
No abstract provided.