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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
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
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from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all.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 …
May It Please The Court: A Longitudinal Study Of Judicial Citation To Academic Legal Periodicals, Brian T. Detweiler
May It Please The Court: A Longitudinal Study Of Judicial Citation To Academic Legal Periodicals, Brian T. Detweiler
Law Librarian Journal Articles
Part I of this article examines the proportion of reported opinions from U.S. federal and state courts between 1945 and 2018 that cite at least one academic legal periodical, while Part II applies that data beginning in 1970 to compare the proportion of opinions that cite to the flagship journals of 17 law schools selected and hierarchically categorized based on their U.S. News & World Reports rankings. Representing the most elite schools are Harvard Law Review and Yale Law Journal, the two longest running student-edited journals at arguably the two most prestigious law schools in the United States, followed by …
Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman
Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman
Buffalo Public Interest Law Journal
No abstract provided.
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Books
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Journal Articles
This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert
Journal Articles
No abstract provided.
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Buffalo Law Review
No abstract provided.