Law Commons^™

The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner

Journal Articles

Deliberative democracy offers a distinctive and appealing conception of political life, but is it one that might be called into service to guide actual reform of existing election law? This possibility seems remote because election law and deliberative democracy are built around different priorities and theoretical premises. A foundational area of disagreement lies in the treatment of majorities. Election law is structured, at both the legislative and constitutional levels, so as to privilege majorities and systematically to magnify their power, whereas deliberative democracy aims at privileging minorities (or at least de-privileging majorities). The main purpose of the election law now …

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.

Who's Naughty And Who's Nice? Frictions, Screening, And Tax Law Design, Leigh Osofsky

Buffalo Law Review

No abstract provided.

From Privacy To Publicity: The Tort Of Appropriation In The Age Of Mass Consumption, Samantha Barbas

Journal Articles

No abstract provided.

Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder

Book Reviews

No abstract provided.

Pretending Without A License: Intellectual Property And Gender Implications In Online Games, Casey Fiesler

Buffalo Intellectual Property Law Journal

No abstract provided.

Coordinating Extensive Trademark Rights And Competition Policy, Kexin Li

Buffalo Intellectual Property Law Journal

A trademark can be not only a word or logo, but also a color, sound, three-dimensional object, and many other nontraditional items. Corporations are increasingly seeking nontraditional trademark protection instead of or in addition to traditional patents and/or copyrights. They are also enforcing both traditional and nontraditional marks more aggressively and in ways that may lead to significant foreclosure effects. This working paper argues that these trends may raise serious competition policy concerns that should play an important role in the evolution of trademark law. For instance, trademark registration and enforcement should be subject to the same antitrust constraints as …

Geolocation And Targeted Advertising: Making The Case For Heightened Protections To Address Growing Privacy Concerns, Ryan Mura

Buffalo Intellectual Property Law Journal

No abstract provided.

Ronald Coase (1910-2013), David A. Westbrook

Other Scholarship

No abstract provided.

Trademark Morality, Mark Bartholomew

Journal Articles

This Article challenges the modern rationale for trademark rights. According to both judges and legal scholars, what matters in adjudicating trademark cases are the economic consequences, particularly for consumers, of a defendant’s use of a mark, not the use’s morality. Nevertheless, under this utilitarian facade, there are also at work judicial assessments of highly charged questions of right and wrong. Recent findings in the field of moral psychology demonstrate the influence of particular moral triggers in all areas of human decisionmaking, often operating without conscious awareness. These triggers influence judges deciding trademark disputes. A desire to punish bad actors, particularly …

What Users Want: A Contextual Overview Of Open Access Legal Resources In The United States, Brian T. Detweiler

Law Librarian Other Scholarship

Paper presented at the Law via the Internet Conference, Jersey, Channel Islands, September 26-27, 2013.

Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman

Buffalo Public Interest Law Journal

This article seeks to explain how a relative newcomer to constitutional anti-discrimination jurisprudence, secular identity, has managed to gamer a far higher degree of protection than historically suspect classes, such as race and gender. It attributes this phenom- enon to the "separate but equal" model of equality inherent in the doctrine of "separation of church and state." It notes that, despite acknowledging that government segregation is per se unequal in the Brown decision, the Supreme Court has continued to enforce religious segregation as a requirement of the Establishment Clause. In doing so, the Court has created a new type of …

The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler

Buffalo Public Interest Law Journal

No abstract provided.

Teaching The Power Of Empathy In Domestic And Transnational Experiential Public Defender Courses, Cary Bricker

Buffalo Public Interest Law Journal

No abstract provided.

The Abu Ghraib Convictions: A Miscarriage Of Justice, Robert Bejesky

Buffalo Public Interest Law Journal

No abstract provided.

The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

The Tpp And The Rcep (Asean+6) As Potential Paths Toward Deeper Asian Economic Integration, Meredith Kolsky Lewis

Journal Articles

Facing the trend of globalization, voices within Asia have been calling for deeper Asian integration. In the international economic context, numerous competing visions have been proffered over the years as to what form that integration should take, and which country or countries should lead that process. Amongst these various possible forms of integration, the Trans-Pacific Partnership has emerged as a contender to expand into a Free Trade Agreement of the Asia-Pacific. Unlike any models proposed previously, the TPP includes the United States, but at present does not include China. In turn, the momentum of the TPP appears to have spurred …

Is It Time For Real Reform: Nysba's 20 Years Of Examining The Bar Exam, Mary A. Lynch, Kim Diana Connolly

Other Scholarship

No abstract provided.

Hollow Spaces, Charles H. Brower Ii

Buffalo Law Review

No abstract provided.

Shareholder Derivative Litigation's Historical And Normative Foundations, Ann M. Scarlett

Buffalo Law Review

No abstract provided.

A Crack In The Floodgates: New York's Fourth Department, The Plcaa, And The Future Of Gun Litigation After Williams V. Beemiller, Jacob S. Sonner

Buffalo Law Review

No abstract provided.

So You Want To Have A Second Child? Second Child Bias And The Justification-Suppression Model Of Prejudice In Family Responsibilities Discrimination, Kyle C. Velte

Buffalo Law Review

No abstract provided.

Legal Tails: Policing American Cities Through Animals, Irus Braverman

Contributions to Books

Published as Chapter 8 in Policing Cities: Urban Securitization and Regulation in a 21st Century World, Randy K. Lippert & Kevin Walby, eds.

“I don’t worry about the four-legged animals,” Officer Armatys tells me as I scramble to catch up when he enters a backyard with a fierce-looking dog. “It’s the two-legged animals I am concerned about.” I interviewed Officer Armatys twice, first in his office in the Erie County’s Society for the Protection of Animals (ESPCA) and, a few months later, on a ride-along during a routine workday. Based on these encounters and numerous others with members of the …

Plurilateral Trade Negotiations: Supplanting Or Supplementing The Multilateral Trading System?, Meredith Kolsky Lewis

Other Scholarship

No abstract provided.

From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley

Journal Articles

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold the exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …

Fear Of The Queer Child, Clifford J. Rosky

Buffalo Law Review

No abstract provided.