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Full-Text Articles in Law
Virtual Trials: Necessity, Invention, And The Evolution Of The Courtroom, Susan A. Bandes, Neal Feigenson
Virtual Trials: Necessity, Invention, And The Evolution Of The Courtroom, Susan A. Bandes, Neal Feigenson
Buffalo Law Review
Faith in the legitimating power of the live hearing or trial performed at the place of justice is at least as old as the Iliad. In public courtrooms, litigants appear together, evidence is presented, and decisions are openly and formally pronounced. The bedrock belief in the importance of the courtroom is rooted in common law, constitutional guarantees, and venerated tradition, as well as in folk knowledge. Courtrooms are widely believed to imbue adjudication with “a mystique of authenticity and legitimacy.” The COVID-19 pandemic, however, by compelling legal systems throughout the world to turn from physical courtrooms to virtual ones, disrupts …
Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman
Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman
Buffalo Law Review
Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body camera advocates have touted the cameras’ benefits, such as decreasing misconduct, reducing complaints, and improving accountability. At the same time, serious concerns have been raised regarding the impact of these cameras on privacy, public resources, and fairness. Despite the increased interest in body cameras, important empirical …
Access To Literacy Under The United States Constitution, Christine M. Naassana
Access To Literacy Under The United States Constitution, Christine M. Naassana
Buffalo Law Review
No abstract provided.
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Buffalo Law Review
In 2018’s Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment’s Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers’ building, maintaining, and failing to maintain the seventy-six mile long navigational channel known as the Mississippi River-Gulf Outlet (MRGO), which increased the surge storms of Hurricane Katrina. Though MRGO helped turn Katrina into a superstorm that devastated thousands of properties, Judge Dyk determined that the lower court’s takings analysis …
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic
Benefit Or Burden?: Brackeen V. Zinke And The Constitutionality Of The Indian Child Welfare Act, Katie L. Gojevic
Buffalo Law Review
No abstract provided.
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit
Buffalo Law Review
This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …