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Full-Text Articles in Law
Measuring Judicial Collegiality Through Dissent, Jonathan Remy Nash
Measuring Judicial Collegiality Through Dissent, Jonathan Remy Nash
Buffalo Law Review
While scholars frequently offer ideology as a primary explanation for judicial behavior, judges, and some scholars, emphasize the importance of collegiality on multimember courts. But there is disagreement over how to determine when collegiality is at work, and what type of multimember court is more likely to exhibit collegiality among its judges. Resolving these competing claims calls for a valid measure of collegiality.
This Article develops novel measures of collegiality based on dissenting judges’ expressions of collegiality towards judges in the majority. It uses judge-level and court-level databases to validate these measures by showing that the novel measures correlate with …
Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo
Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo
Buffalo Law Review
Many commentators express concern that democracy in the United States is under threat, whether from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all. Against this background, this Article argues that the Supreme Court’s treatment of procedural rights for determining standing—the key that opens the door to federal court—is an overlooked factor in contributing to democratic erosion. According to the Court, violation of a congressionally conferred procedural right that does not safeguard some separate, non-procedural, concrete interest of plaintiff—a “procedural right in …
Calls For Speculation: An Experimental Examination Of Juror Perceptions Of Attorney Objections, Krystia Reed
Calls For Speculation: An Experimental Examination Of Juror Perceptions Of Attorney Objections, Krystia Reed
Buffalo Law Review
Should attorneys object during trial? Does preserving the record outweigh the potential costs of objections, such as upsetting the jury or drawing attention to the evidence? Legal scholars have opined on the delicate balance attorneys must strike in their decisions to object, but researchers have offered little to guide attorneys making these in-the-moment decisions. I discuss results from two empirical studies that provide evidence that attorneys have less to fear from objections than legal scholars suggest. Based on these results, I provide suggestions for practicing attorneys.
Empowering Voices: Working Toward A Children's Right To Participatory Agency In Their Courtroom Experience, Kelsey Marie Ellen Till
Empowering Voices: Working Toward A Children's Right To Participatory Agency In Their Courtroom Experience, Kelsey Marie Ellen Till
Buffalo Law Review
No abstract provided.
James Wilson And The Moral Foundations Of Popular Sovereignty, Ian Bartrum
James Wilson And The Moral Foundations Of Popular Sovereignty, Ian Bartrum
Buffalo Law Review
No abstract provided.
The Inversion Of Rights And Power, Philip Hamburger
The Inversion Of Rights And Power, Philip Hamburger
Buffalo Law Review
No abstract provided.
Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang
Reviving The Declaratory Judgment: A New Path To Structural Reform, Emily Chiang
Buffalo Law Review
No abstract provided.
Complex Experimental Federalism, Doni Gewirtzman
Complex Experimental Federalism, Doni Gewirtzman
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.
Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn
Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn
Buffalo Law Review
No abstract provided.
Has The Time (Of Laches) Come? Recent Nazi-Era Art Litigation In The New York Forum, Bert Demarsin
Has The Time (Of Laches) Come? Recent Nazi-Era Art Litigation In The New York Forum, Bert Demarsin
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.
A Dialogue On Death & Deference: Gonzales V. Oregon, Stacy A. Tromble
A Dialogue On Death & Deference: Gonzales V. Oregon, Stacy A. Tromble
Buffalo Law Review
No abstract provided.
The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James Thuo Gathii
The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James Thuo Gathii
Buffalo Law Review
No abstract provided.
Beyond Fantasy And Nightmare: A Portrait Of The Jury, Shari Seidman Diamond
Beyond Fantasy And Nightmare: A Portrait Of The Jury, Shari Seidman Diamond
Buffalo Law Review
No abstract provided.
The Lexicon Has Become A Fortress: The United States Supreme Court's Use Of Dictionaries, Samuel A. Thumma, Jeffrey L. Kirchmeier
The Lexicon Has Become A Fortress: The United States Supreme Court's Use Of Dictionaries, Samuel A. Thumma, Jeffrey L. Kirchmeier
Buffalo Law Review
No abstract provided.
Barring The Media From The Courtroom In Child Abuse Cases: Who Should Prevail?, Karla G. Sanchez
Barring The Media From The Courtroom In Child Abuse Cases: Who Should Prevail?, Karla G. Sanchez
Buffalo Law Review
No abstract provided.
Federal Court Abstention In Civil Rights Cases: Chief Justice Rehnquist And The New Doctrine Of Civil Rights Abstention, Bryce M. Baird
Federal Court Abstention In Civil Rights Cases: Chief Justice Rehnquist And The New Doctrine Of Civil Rights Abstention, Bryce M. Baird
Buffalo Law Review
No abstract provided.
Swimming The Murky Waters: The Second Circuit And Subject-Matter Jurisdiction In Copyright Infringement Cases From T.B. Harms V. Eliscu To Schoenberg V. Shapolsky Publishers, Inc., Jay S. Fleischman
Buffalo Law Review
No abstract provided.
It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little
It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little
Buffalo Law Review
No abstract provided.
Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski
Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski
Buffalo Law Review
No abstract provided.
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
Buffalo Law Review
No abstract provided.
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Buffalo Law Review
No abstract provided.
Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay
Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay
Buffalo Law Review
No abstract provided.
The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert
The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert
Buffalo Law Review
No abstract provided.
Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr.
Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr.
Buffalo Law Review
No abstract provided.
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
Buffalo Law Review
No abstract provided.
Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren
Social Theory And Judicial Choice: Damages And Federal Statutes, Janet S. Lindgren
Buffalo Law Review
No abstract provided.
Judicial Overload: The Reasons And The Remedies, Maria L. Marcus
Judicial Overload: The Reasons And The Remedies, Maria L. Marcus
Buffalo Law Review
No abstract provided.