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Buffalo Law Review

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Full-Text Articles in Law and Society

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 May 2022

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from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all.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 …


“Those People [May Yet Be] A Kind Of Solution” Late Imperial Thoughts On The Humanization Of Officialdom, David A. Westbrook, Mark Maguire May 2019

“Those People [May Yet Be] A Kind Of Solution” Late Imperial Thoughts On The Humanization Of Officialdom, David A. Westbrook, Mark Maguire

Buffalo Law Review

No abstract provided.


Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist Aug 2017

Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist

Buffalo Law Review

No abstract provided.


Humbug: Toward A Legal History, Susanna Blumenthal Jan 2016

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.


Textiles: Popular Culture And The Law, Laura F. Edwards Jan 2016

Textiles: Popular Culture And The Law, Laura F. Edwards

Buffalo Law Review

No abstract provided.


The Market As A Legal Concept, Justin Desautels-Stein Apr 2012

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.


Giving The Gift Of Public Office, James A. Gardner Jul 2005

Giving The Gift Of Public Office, James A. Gardner

Buffalo Law Review

This interpretive essay, written for the Buffalo Law Review's annual essay issue, identifies an increasingly common pathology of American democracy in which voters treat the election of public officials not as an instrumental act designed to influence public policy, but as an opportunity to present public office as a gift to those who have pleased, entertained, or moved them. The reelection of Strom Thurmond to the Senate at age 93 and the election of nearly forty congressional widows to their late husbands' seats exemplify this trend. Although this behavior bears a passing resemblance to eighteenth-century habits of political deference and …


Making Sense Of The Sense Of Justice, Markus Dirk Dubber Jul 2005

Making Sense Of The Sense Of Justice, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.


Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff Jul 2005

Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff

Buffalo Law Review

No abstract provided.


Law As Communitarian Virtue Ethics, Sherman J. Clark Jul 2005

Law As Communitarian Virtue Ethics, Sherman J. Clark

Buffalo Law Review

No abstract provided.


Report Card: Grading The Country's Response To Columbine, Scott R. Simpson Jan 2005

Report Card: Grading The Country's Response To Columbine, Scott R. Simpson

Buffalo Law Review

No abstract provided.


Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder Apr 1993

Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder

Buffalo Law Review

No abstract provided.


Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth Apr 1978

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.