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Full-Text Articles in Law

You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy Jun 2022

You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy

Buffalo Law Review

No abstract provided.


When Provocation Is No Excuse: Making Gun Owners Bear The Risks Of Carrying In Public, Eric A. Johnson Oct 2021

When Provocation Is No Excuse: Making Gun Owners Bear The Risks Of Carrying In Public, Eric A. Johnson

Buffalo Law Review

Markeis McGlockton, an unarmed 28-year-old African-American father of three, was shot to death in front of his five-year-old son by “wannabe police officer” Michael Drejka during an argument over parking. Because McGlockton had shoved Drejka before Drejka shot him, Drejka was convicted only of heat-of-passion manslaughter, not murder. This Article argues that the heat-of-passion defense shouldn’t be available in cases like Drejka’s—cases where the defendant was carrying a loaded gun in public at the time of the provocation and used the gun to kill his provoker. The heat-of-passion defense is a concession to the difficulty of complying with the law’s …


Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin Oct 2021

Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin

Buffalo Law Review

No abstract provided.


"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver May 2020

"The Angels That Surrounded My Cradle": The History, Evolution, And Application Of The Insanity Defense, Eugene M. Fahey, Laura Groschadl, Brianna Weaver

Buffalo Law Review

No abstract provided.


The Orwell Court: How The Supreme Court Recast History And Minimized The Role Of The U.S. Sentencing Guidelines To Justify Limiting The Impact Of Johnson V. United States, Brandon E. Beck Dec 2018

The Orwell Court: How The Supreme Court Recast History And Minimized The Role Of The U.S. Sentencing Guidelines To Justify Limiting The Impact Of Johnson V. United States, Brandon E. Beck

Buffalo Law Review

In recent years, federal criminal defendants have enjoyed great success in challenging “residual clauses” within the United States Code as unconstitutional. This began in 2015 when the United States Supreme Court, in Johnson v. United States,1 struck a portion of the Armed Career Criminal Act2 as void for vagueness. Johnson’s holding at first appeared monumental because it invalidated a provision commonly used to enhance the prison sentences of offenders with certain qualifying prior convictions. Subsequent developments, however, significantly dulled the impact of Johnson, thwarting the dramatic reduction in sentences it once foreshadowed.

This Article is about how Johnson came to …


Agency And Insanity, Stephen P. Garvey Jan 2018

Agency And Insanity, Stephen P. Garvey

Buffalo Law Review

This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of agency …


Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld May 2017

Moral Crimes Post-Mellouli: Making A Case For Eliminating State-Based Prostitution Convictions As A Basis For Inadmissibility In Immigration Proceedings, Kerry Q. Battenfeld

Buffalo Law Review

No abstract provided.


Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi Aug 2016

Strenghtening Protections For Survivors Of Domestic Violence: The Case Of Washington, D.C., M. Alexandra Verdi

Buffalo Law Review

No abstract provided.


A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric Dec 2014

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.


Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton Aug 2014

Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton

Buffalo Law Review

No abstract provided.


The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann Dec 2013

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.


The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn Jan 2013

The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn

Buffalo Law Review

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 Jan 2012

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.


The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi Aug 2011

The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi

Buffalo Law Review

No abstract provided.


Jurisdiction, Treaties, And Due Process, Roberto Iraola May 2011

Jurisdiction, Treaties, And Due Process, Roberto Iraola

Buffalo Law Review

No abstract provided.


Prosecution Without Representation, Douglas L. Colbert Apr 2011

Prosecution Without Representation, Douglas L. Colbert

Buffalo Law Review

No abstract provided.


Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson Apr 2011

Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson

Buffalo Law Review

No abstract provided.


Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins Jan 2011

Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins

Buffalo Law Review

No abstract provided.


The End Of Indeterminate Sentencing In New York: The Death And Rebirth Of Rehabilitation, Joshua Logan Pennel Apr 2010

The End Of Indeterminate Sentencing In New York: The Death And Rebirth Of Rehabilitation, Joshua Logan Pennel

Buffalo Law Review

No abstract provided.


Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter Jan 2010

Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter

Buffalo Law Review

No abstract provided.


Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller Jan 2010

Flores-Figueroa And The Search For Plain Meaning In Identity Theft Law, Nathaniel J. Stuhlmiller

Buffalo Law Review

No abstract provided.


Making Comparative Criminal Law Possible, Lutz Eidam May 2006

Making Comparative Criminal Law Possible, Lutz Eidam

Buffalo Law Review

No abstract provided.


To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins Oct 2005

To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins

Buffalo Law Review

Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government


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.


"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber Sep 2004

"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber

Buffalo Law Review

No abstract provided.


Neonaticide: When The Bough Breaks And The Cradle Falls, Shannon Farley Apr 2004

Neonaticide: When The Bough Breaks And The Cradle Falls, Shannon Farley

Buffalo Law Review

No abstract provided.


The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias Jan 2004

The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias

Buffalo Law Review

No abstract provided.


A New Legal Realism For Criminal Procedure, Robert Weisberg Apr 2001

A New Legal Realism For Criminal Procedure, Robert Weisberg

Buffalo Law Review

Book review of Marc L. Miller & Ronald F. Wright's Criminal Procedure: Cases, Statutes, and Executive Materials


Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes Oct 1999

Patterns Of Injustice: Police Brutality In The Courts, Susan Bandes

Buffalo Law Review

No abstract provided.


Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors Apr 1999

Culture And Crime: Kargar And The Existing Framework For A Cultural Defense, Nancy A. Wanderer, Catherine R. Connors

Buffalo Law Review

No abstract provided.