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Articles 1 - 30 of 43
Full-Text Articles in Law
The Dispute Resolution Market, Gerhard Wagner
The Dispute Resolution Market, Gerhard Wagner
Buffalo Law Review
No abstract provided.
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Buffalo Law Review
No abstract provided.
Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner
Rediscovering Trespass: Towards A Regulatory Approach To Defining Fourth Amendment Scope In A World Of Advancing Technology, Martin R. Gardner
Buffalo Law Review
No abstract provided.
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
Buffalo Law Review
No abstract provided.
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Buffalo Intellectual Property Law Journal
Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …
Traditional Cultural Expressions And The U.S. Constitution, Alexander Bussey
Traditional Cultural Expressions And The U.S. Constitution, Alexander Bussey
Buffalo Intellectual Property Law Journal
No abstract provided.
Inequitable Conduct And Supplemental Examination: Promise, Procedure, And Particulars, Amanda K. Murphy, Jonathan R. K. Stroud
Inequitable Conduct And Supplemental Examination: Promise, Procedure, And Particulars, Amanda K. Murphy, Jonathan R. K. Stroud
Buffalo Intellectual Property Law Journal
The America Invents Act, signed into law on September 16, 2011, ushered in an array of patent reforms. One overlooked procedure, Supplemental Examination, seeks to purge putative instances of inequitable conduct prior to litigation by allowing patent owners to submit prior art and short statements to the USPTO after patent issuance. Few parties have used it. We analyze the law of inequitable conduct, explain the Supplemental Examination procedure, and discuss potential reasons for its lack of popularity among patent owners.
The Property Attributes Of Copyright, Pascale Chapdelaine
The Property Attributes Of Copyright, Pascale Chapdelaine
Buffalo Intellectual Property Law Journal
No abstract provided.
Curing Cablevision: Prescribing A Functional Solution To A Technical Astigmatism, Adam Adler
Curing Cablevision: Prescribing A Functional Solution To A Technical Astigmatism, Adam Adler
Buffalo Intellectual Property Law Journal
In a string of recent copyright cases, judges have increasingly adopted a technical approach to copyright law. Rather than evaluating contested technologies based on how the technologies are used, courts have focused their analysis on technical details of implementation. As a consequence, courts have constructed rules that limit technologies not in what they do, but how they do it. In this Article, I argue that courts should evaluate technologies based on functional considerations. I argue that this functional approach is constitutionally, statutorily, and practically preferable to a technical approach. Finally, I show that a functional approach would lead to decisions …
Attorneys' Ethical Responsibility To Provide Pro Bono Legal Services To Those In Need, Tricia Defilipps
Attorneys' Ethical Responsibility To Provide Pro Bono Legal Services To Those In Need, Tricia Defilipps
Buffalo Public Interest Law Journal
No abstract provided.
Fisher And James Hijack The Mcdonnell Douglas Paradigm, Rewriting Discrimination Law In The Second Circuit: An Explanation For The High Rate Of Summary Judgment In Discrimination Laws, Richard J. Perry Jr.
Fisher And James Hijack The Mcdonnell Douglas Paradigm, Rewriting Discrimination Law In The Second Circuit: An Explanation For The High Rate Of Summary Judgment In Discrimination Laws, Richard J. Perry Jr.
Buffalo Public Interest Law Journal
No abstract provided.
Are We Punishing "Illegal Citizen" Children To Deter Parents? Critiquing Birthright Citizenship Through The Citizens-Benefits Question And Citizenship Reductionism, Robert F. Ley
Buffalo Public Interest Law Journal
This article proposes that immigration and citizenship law must address the construction of the immigrant child "situated within the family." Counter to scholarly literature which has addressed the need for some form of the best interests of the child standard in immigration to account for unaccompanied minors, and more generally, immigrant children, this article proposes that reformation of immigration law toward a child-centered, or more specifically family-centric, policy requires attending to the flawed presumptions that the "anchor baby" myth creates-that only by devising a language for unintended consequences can we draw closer to recog- nizing the immigrant child as deserving …
Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper
Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis
The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso
Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Thinking Slow About Sexual Assault In The Military, Matthew Burris
Thinking Slow About Sexual Assault In The Military, Matthew Burris
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
A Fragment On Legal Innovation, Andrew Tutt
Taking Climate Change By Storm: Theorizing Global And Local Policy-Making In Response To Extreme Weather Events, Sonia E. Rolland, Amy Pimentel, Auroop Ganguly
Taking Climate Change By Storm: Theorizing Global And Local Policy-Making In Response To Extreme Weather Events, Sonia E. Rolland, Amy Pimentel, Auroop Ganguly
Buffalo Law Review
No abstract provided.
Norm Supercompliance And The Status Of Soft Law, Brian Sheppard
Norm Supercompliance And The Status Of Soft Law, Brian Sheppard
Buffalo Law Review
No abstract provided.
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Buffalo Law Review
No abstract provided.
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Buffalo Law Review
No abstract provided.
Creating A Modern Atlantis: Recognizing Submerging States And Their People, Jessica L. Noto
Creating A Modern Atlantis: Recognizing Submerging States And Their People, Jessica L. Noto
Buffalo Law Review
No abstract provided.
Indeterminacy, Value Pluralism, And Tragic Cases, David Wolitz
Indeterminacy, Value Pluralism, And Tragic Cases, David Wolitz
Buffalo Law Review
No abstract provided.
In This, The Winter Of Our Discontent: Legal Practice, Legal Education, And The Culture Of Distrust, Alfred S. Konefsky, Barry Sullivan
In This, The Winter Of Our Discontent: Legal Practice, Legal Education, And The Culture Of Distrust, Alfred S. Konefsky, Barry Sullivan
Buffalo Law Review
No abstract provided.
Presidential Politics As A Safeguard Of Federalism: The Case Of Marijuana Legalization, David S. Schwartz
Presidential Politics As A Safeguard Of Federalism: The Case Of Marijuana Legalization, David S. Schwartz
Buffalo Law Review
No abstract provided.
Corrective Justice As Making Amends, Erik Encarnacion
Corrective Justice As Making Amends, Erik Encarnacion
Buffalo Law Review
No abstract provided.
Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael L. Buenger
Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael L. Buenger
Buffalo Human Rights Law Review
Human rights agreements like the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) contain language that seeks to inspire and establish the legal boundaries of state action with regards to protected rights. Such agreements also contain reservation provisions that enable states to join an agreement and simultaneously exempt themselves from the very substantive goals the agreement seeks to achieve. In the past, the issue of reservation compatibility has been treated as political questions under an objection process. Establishing a mechanism for testing reservation compatibility before the International Court of Justice is a better means of ensuring …
What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch
What Do Human Rights Lawyers Do: Examining Practice And Expertise In The Field, Elizabeth Bruch
Buffalo Human Rights Law Review
No abstract provided.
Responsibility To Protect: Arab Spring Perspectives, Rob Dickinson
Responsibility To Protect: Arab Spring Perspectives, Rob Dickinson
Buffalo Human Rights Law Review
In this article important issues of legitimacy of government and external interference in the affairs of a State are raised. As a prelimi- nary, the rights and obligations of a State with regard to territorial integrity and sovereignty are considered, prior to analyses of the emergent concept of the responsibility to protect and the principle of self-determination. The article then takes into account events of the Arab Spring, before the author concludes by drawing lessons for States, not only those whose people look to change their own govern- ments, or style of governments, but also those intent on intervention in …
The Chaplaincy Exception In International Humanitarian Law: "American-Born Cleric" Anwar Awlaki And The Global War On Terror, K. Benson
Buffalo Human Rights Law Review
Anwar al-Awlaki, frequently described by the media as an "Ameri- can-born cleric," was the first American citizen to be targeted for extrajudicial assassination by the Obama administration as part of the Global War on Terror (GWOT). While there have been scholarly works considering the legality of his killing under domestic law, none have examined his status as a chaplain under International Humanita- rian Law (IHL), what this designation could mean for the legality of Anwar al-Alwaki's killing, or what his killing could mean for the GWOT in general. This paper provides a necessarily brief history of Al Qaeda in the …