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University at Buffalo School of Law

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Articles 1 - 30 of 587

Full-Text Articles in Legal History

Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel May 2020

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 ...


The Constitutional Convention And Constitutional Change: A Revisionist History, Matthew J. Steilen Jan 2020

The Constitutional Convention And Constitutional Change: A Revisionist History, Matthew J. Steilen

Journal Articles

How do we change the Federal Constitution? Article V tells us that we can amend the Constitution by calling a national convention to propose changes and then ratifying those proposals in state conventions. Conventions play this role because they represent the people in their sovereign capacity, as we learn when we read McCulloch v. Maryland.

What is not often discussed is that Article V itself contains another mechanism for constitutional change. In fact, Article V permits both conventions and leg-islatures to be used for amendment, and, as it happens, all but one of the 27 amendments to the Constitution have ...


Foreword: Tempering Power, Errol Meidinger May 2019

Foreword: Tempering Power, Errol Meidinger

Buffalo Law Review

No abstract provided.


Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite May 2019

Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite

Buffalo Law Review

No abstract provided.


The Security Court, Matthew J. Steilen Sep 2018

The Security Court, Matthew J. Steilen

Journal Articles

The Supreme Court is concerned not only with the limits of our government’s power to protect us, but also with how it protects us. Government can protect us by passing laws that grant powers to its agencies or by conferring discretion on the officers in those agencies. Security by law is preferable to the extent that it promotes rule of law values—certainty, predictability, uniformity, and so on—but, security by discretion is preferable to the extent that it gives government the room it needs to meet threats in whatever form they present themselves. Drawing a line between security ...


A History Of Law And Lawyers In The Gatt/Wto. Edited By Gabrielle Marceau., Meredith Kolsky Lewis Mar 2018

A History Of Law And Lawyers In The Gatt/Wto. Edited By Gabrielle Marceau., Meredith Kolsky Lewis

Book Reviews

No abstract provided.


The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen Jan 2017

The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen

Journal Articles

This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker ...


On The Battlefield Of Merit: Harvard Law School, The First Century, By Daniel R. Coquillette And Bruce A. Kimball, John Henry Schlegel Dec 2016

On The Battlefield Of Merit: Harvard Law School, The First Century, By Daniel R. Coquillette And Bruce A. Kimball, John Henry Schlegel

Book Reviews

No abstract provided.


Bills Of Attainder, Matthew Steilen Jan 2016

Bills Of Attainder, Matthew Steilen

Journal Articles

What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills.

This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of ...


A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra Jan 2016

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.


Organic Poise: Capitalism As Law, Christopher Tomlins Jan 2016

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.


Writing The Social History Of Legal Doctrine, Cynthia Nicoletti Jan 2016

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.


Some Final Observations On Legal Intellectual History, Robert W. Gordon Jan 2016

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.


Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel Jan 2016

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.


On Absences As Material For Intellectual Historical Study, John Henry Schlegel Jan 2016

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

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.


All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr. Jan 2016

All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr.

Journal Articles

No abstract provided.


Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr. Jan 2016

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.


Causation, Legal History, And Legal Doctrine, Charles Barzun Jan 2016

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.


Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster Jan 2016

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

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.


When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas Dec 2015

When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas

Journal Articles

Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against ...


The Opinion Volume 48 Issue 1 – November 1, 2015, The Opinion Nov 2015

The Opinion Volume 48 Issue 1 – November 1, 2015, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November, 1, 2015


Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey Nov 2015

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal Articles

For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.

By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank ...


The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon May 2015

The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon

Buffalo Law Review

No abstract provided.


What Is Criminal Law About?, Guyora Binder, Robert Weisberg Apr 2015

What Is Criminal Law About?, Guyora Binder, Robert Weisberg

Journal Articles

In a recent critique, Jens Ohlin faults contemporary criminal law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of criminal law justifies including reflection about the justice of punishment in the professional education of lawyers. First, we argue that both understanding and evaluating criminal law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of criminal law doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally ...


The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld Mar 2015

The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld

Journal Articles

No abstract provided.


A Fragment On Legal Innovation, Andrew Tutt Aug 2014

A Fragment On Legal Innovation, Andrew Tutt

Buffalo Law Review

No abstract provided.


Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga Apr 2014

Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga

Buffalo Human Rights Law Review

No abstract provided.


The History Of The American Bar Association Accreditation Standards For Academic Law Libraries, Theodora Belniak Jan 2014

The History Of The American Bar Association Accreditation Standards For Academic Law Libraries, Theodora Belniak

Law Librarian Journal Articles

Using materials from the American Bar Association (ABA), such as annual reports and conference reports as well as other periodical materials, this article reviews the standards used to define academic law libraries from the formation of the ABA to the present and discusses the impact of the standards on the law library as an institution.