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Articles 31 - 60 of 335
Full-Text Articles in Law
Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi
Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi
Buffalo Law Review
No abstract provided.
The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell
The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell
Buffalo Human Rights Law Review
No abstract provided.
If You've Got The Money, I'Ve Got The Time: The Benefits Of Incentive Contracts With Private Prisons, Michael G. Anderson
If You've Got The Money, I'Ve Got The Time: The Benefits Of Incentive Contracts With Private Prisons, Michael G. Anderson
Buffalo Public Interest Law Journal
Governments increasingly rely on private prison companies to manage the daunting demands associated with their ever- increasing prison populations. The private prison industry provides governments at all levels (federal, state, and local) with an alternative to the costly and time-consuming construction of additional public facilities. Governments, however, have all too often adopted a flawed pricing strategy, paying private prison companies fixed per diem rates to house prisoners. This model both incentivized and tolerated poor conditions with greater emphasis placed on the industry's bottom line than benefits to the state, the prison population, or society as a whole.
This article asserts …
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Buffalo Human Rights Law Review
Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
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, …
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
Buffalo Law Review
No abstract provided.
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Buffalo Intellectual Property Law Journal
Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Buffalo Law Review
No abstract provided.
Reframing Domestic Violence As Terrorism Or Torture, Isabel Marcus
Reframing Domestic Violence As Terrorism Or Torture, Isabel Marcus
Journal Articles
No abstract provided.
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
Journal Articles
No abstract provided.
Comparative Criminal Law, Luis E. Chiesa
Comparative Criminal Law, Luis E. Chiesa
Contributions to Books
Published as Chapter 47 in The Oxford Handbook of Criminal Law, Markus Dubber & Tatjana Hörnle, eds.
Criminal law is a parochial discipline. Courts and scholars in the English speaking world seldom take seriously the criminal statutes, cases and scholarly writings published in the non-English speaking world. The same is true the other way around. This is unfortunate. Much can be learned from comparing the way in which the world’s leading legal systems approach important questions of criminal theory.
This Chapter introduces the reader to comparative criminal law with the aim of demonstrating how comparative analysis can enrich both domestic …
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
Buffalo Law Review
No abstract provided.
Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder
Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder
Book Reviews
No abstract provided.
The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler
The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler
Buffalo Public Interest Law Journal
No abstract provided.
Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy
Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp
Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn
The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn
Buffalo Law Review
No abstract provided.
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
Journal Articles
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Journal Articles
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Authority To Proscribe And Punish International Crimes, Guyora Binder
Authority To Proscribe And Punish International Crimes, Guyora Binder
Journal Articles
Although criminal jurisdiction is usually exercised by governments, offenses can also be proscribed by international law, and punishment can be imposed by international tribunals. This article critically examines the legitimacy of such exercises of international criminal jurisdiction. It reasons that criminal law can plausibly be justified as a cooperative institution that achieves the public good of a rule of law, with its attendant benefits of social peace and equal dignity of persons. It then argues that such a beneficial rule of law requires a punishing authority with the executive capacity to protect those it claims to regulate. It would follow …
Commentary: Pleau-Sharing, Jonah J. Horwitz
Commentary: Pleau-Sharing, Jonah J. Horwitz
The Docket
In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.
Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller
Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller
Journal Articles
No abstract provided.
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Buffalo Public Interest Law Journal
No abstract provided.
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Buffalo Law Review
No abstract provided.
Derecho Penal Sustantivo, Luis E. Chiesa
When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore
When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore
Buffalo Public Interest Law Journal
No abstract provided.
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
Buffalo Public Interest Law Journal
No abstract provided.
Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton
Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi
The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi
Buffalo Law Review
No abstract provided.
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Buffalo Law Review
No abstract provided.