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Articles 1 - 30 of 49
Full-Text Articles in Jurisprudence
The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long
The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long
Buffalo Law Review
The Gettysburg Address does not appear to be a legal argument. One cannot find a rule anywhere in its few words. Nor does there seem to be any application of a rule to the facts of the case. There is a simple reason for this absence: the law in 1863 was wrong. Lincoln knew that, but he was too much the lawyer to advocate law-breaking. Instead, he used all the skills he had learned from his years in the courtroom to urge his listeners to look beyond the law’s flaws to find the truth of the Declaration’s “self-evident truth.”
Factors, Scott Rempell
The Principle Of Party Presentation, Jeffrey M. Anderson
The Principle Of Party Presentation, Jeffrey M. Anderson
Buffalo Law Review
Our adversarial system of adjudication is characterized by active parties and (relatively) passive judges; the parties identify the issues in dispute, and the judge decides those issues. Sua sponte decision-making—whereby a judge raises and decides new issues not presented by the parties—undermines this adversarial system. For decades, courts and commentators have struggled to explain when sua sponte decision-making may be appropriate. That issue was particularly important to the late Justice Ruth Bader Ginsburg, who has been described as “The Great Proceduralist.” In a series of oral arguments and opinions during her tenure on the Supreme Court, Justice Ginsburg repeatedly invoked …
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 …
On Justice: An Origin Story, Stephen Paskey
Rules, Standards, And Such, Kevin M. Clermont
Rules, Standards, And Such, Kevin M. Clermont
Buffalo Law Review
This Article aims to create a complete typology of the forms of decisional law. Distinguishing “rules” from “standards” is the most commonly attempted jurisprudential line, roughly drawn between nonvague and vague. But no agreement exists on the dimension along which the rule/standard terminology lies, or on where the dividing line on the continuum lies. Thus, classifying in terms of vagueness is itself vague. Ultimately it does not aid legal actors in formulating or applying the law. The classification works best as an evocative image.
A clearer distinction would be useful in formulating and applying the law. For the law-applier, it …
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Buffalo Law Review
According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this Essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. However, the Essay also shows that the idea is improperly attributed to the legal realists, as there are many references …
Interpreting The Constitution’S Elegant Specificities, Steven Semeraro
Interpreting The Constitution’S Elegant Specificities, Steven Semeraro
Buffalo Law Review
No abstract provided.
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
Buffalo Law Review
No abstract provided.
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Causation, Legal History, And Legal Doctrine, Charles Barzun
Causation, Legal History, And Legal Doctrine, Charles Barzun
Buffalo Law Review
No abstract provided.
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Buffalo Law Review
No abstract provided.
Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith
Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith
Buffalo Law Review
No abstract provided.
Trading In Controversy, Neil Duxbury
Is Law Narrative?, Jane B. Baron, Julia Epstein
Is Law Narrative?, Jane B. Baron, Julia Epstein
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.
Revitalizing American Liberalism, David Gregory
Revitalizing American Liberalism, David Gregory
Buffalo Law Review
Book review of Brue Ackerman's Reconstructing American Law
Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan
Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan
Buffalo Law Review
No abstract provided.
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan
Buffalo Law Review
No abstract provided.
The Mathematics Of Liberalism: The Zero Sum Society By Lester C. Thurow, James T. Carney
The Mathematics Of Liberalism: The Zero Sum Society By Lester C. Thurow, James T. Carney
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.
The Structure Of Blackstone's Commentaries, Duncan Kennedy
The Structure Of Blackstone's Commentaries, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain
Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain
Buffalo Law Review
No abstract provided.
Moral And Judicial Reasoning: A Structural Analogy, Thomas D. Perry
Moral And Judicial Reasoning: A Structural Analogy, Thomas D. Perry
Buffalo Law Review
No abstract provided.
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos
Buffalo Law Review
No abstract provided.
Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis
Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis
Buffalo Law Review
No abstract provided.
The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel
The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel
Buffalo Law Review
No abstract provided.
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin
Buffalo Law Review
Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo
Buffalo Law Review
No abstract provided.