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Full-Text Articles in Law
When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States, Lucy T. Shephard
When A Picture Is Worth A Thousand Sentences: A Call To Reword Federal Sentencing Of Non-Production Child Pornography Offenses In The United States, Lucy T. Shephard
Buffalo Law Review
No abstract provided.
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
Buffalo Law Review
One-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right …
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Buffalo Law Review
No abstract provided.
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy
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
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
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
"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
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
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
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.
Forgiveness, Blame, And Punishment, James Staihar
Forgiveness, Blame, And Punishment, James Staihar
Buffalo Public Interest Law Journal
When someone commits a crime with no exculpatory defenses,he is blameworthy and deserves to be punished. Nevertheless, assuming the criminal were to satisfy some conditions, he could become forgivable. In this Essay I defend a restorative theory of what it means to forgive a criminal and when the forgiveness of a criminal would be warranted. My defense is unique in that I ultimately derive my theory offorgiveness from a novel theory of when criminals deserve to be punished. My restorative theory of forgiveness yields at least two general insights that are generally not appreciated in the prior literature on forgiveness. …
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.
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.
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.
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.
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.
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.