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Articles 1 - 30 of 52

Full-Text Articles in Law

Factors, Scott Rempell Dec 2022

Factors, Scott Rempell

Buffalo Law Review

No abstract provided.


The Principle Of Party Presentation, Jeffrey M. Anderson Jul 2022

The Principle Of Party Presentation, Jeffrey M. Anderson

Buffalo Law Review

Our adversarial system of adjudication is characterized by active parties and (relatively) passive judges; the parties identify the issues in dispute, and the judge decides those issues. Sua sponte decision-making—whereby a judge raises and decides new issues not presented by the parties—undermines this adversarial system. For decades, courts and commentators have struggled to explain when sua sponte decision-making may be appropriate. That issue was particularly important to the late Justice Ruth Bader Ginsburg, who has been described as “The Great Proceduralist.” In a series of oral arguments and opinions during her tenure on the Supreme Court, Justice Ginsburg repeatedly invoked …


An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii Dec 2021

An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii

Buffalo Law Review

There is an ongoing crisis of confidence in American government. Accusations of incompetence and political self-dealing dominate news cycles as public institutions seek to combat—with varying degrees of success—the public health and economic consequences of a global pandemic. Highlighted in this struggle is the larger issue of the importance of integrity to the efficacy and legitimacy of administrative government. This is especially true for agency adjudication, as it is the form of agency action that most directly impacts individuals. Recusal—the process by which an adjudicator is removed, voluntarily or involuntarily, from a specific proceeding—is a time-honored way of protecting the …


On Justice: An Origin Story, Stephen Paskey Dec 2020

On Justice: An Origin Story, Stephen Paskey

Buffalo Law Review

No abstract provided.


Climate Change And Causation: Joining Law And Climate Science On The Basis Of Formal Logic, Petra Minnerop, Friederike Otto Aug 2020

Climate Change And Causation: Joining Law And Climate Science On The Basis Of Formal Logic, Petra Minnerop, Friederike Otto

Buffalo Environmental Law Journal

No abstract provided.


Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study, Boaz Segal Aug 2020

Practical Alternatives To The Rule Of Joint And Several Liability: Regulatory Negligence As A Case Study, Boaz Segal

Buffalo Environmental Law Journal

No abstract provided.


Rules, Standards, And Such, Kevin M. Clermont May 2020

Rules, Standards, And Such, Kevin M. Clermont

Buffalo Law Review

This Article aims to create a complete typology of the forms of decisional law. Distinguishing “rules” from “standards” is the most commonly attempted jurisprudential line, roughly drawn between nonvague and vague. But no agreement exists on the dimension along which the rule/standard terminology lies, or on where the dividing line on the continuum lies. Thus, classifying in terms of vagueness is itself vague. Ultimately it does not aid legal actors in formulating or applying the law. The classification works best as an evocative image.

A clearer distinction would be useful in formulating and applying the law. For the law-applier, it …


Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel May 2020

Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel

Buffalo Law Review

According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this Essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. However, the Essay also shows that the idea is improperly attributed to the legal realists, as there are many references …


Should Judges Convict Based On Their Speculations Of Guilt?, Doron Menashe, Eyal Gruner Jan 2019

Should Judges Convict Based On Their Speculations Of Guilt?, Doron Menashe, Eyal Gruner

Buffalo Public Interest Law Journal

No abstract provided.


Interpreting The Constitution’S Elegant Specificities, Steven Semeraro May 2017

Interpreting The Constitution’S Elegant Specificities, Steven Semeraro

Buffalo Law Review

No abstract provided.


Causation, Legal History, And Legal Doctrine, Charles Barzun Jan 2016

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.


Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster Jan 2016

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.


Writing The Social History Of Legal Doctrine, Cynthia Nicoletti Jan 2016

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.


On Absences As Material For Intellectual Historical Study, John Henry Schlegel Jan 2016

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

Buffalo Law Review

No abstract provided.


Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman Sep 2013

Separate Is Inherently Unequal, Unless You're Religious: The Peculiar Constitutionalization Of Religious Segregation, Franciska Coleman

Buffalo Public Interest Law Journal

This article seeks to explain how a relative newcomer to constitutional anti-discrimination jurisprudence, secular identity, has managed to gamer a far higher degree of protection than historically suspect classes, such as race and gender. It attributes this phenom- enon to the "separate but equal" model of equality inherent in the doctrine of "separation of church and state." It notes that, despite acknowledging that government segregation is per se unequal in the Brown decision, the Supreme Court has continued to enforce religious segregation as a requirement of the Establishment Clause. In doing so, the Court has created a new type of …


Trading In Controversy, Neil Duxbury Apr 1997

Trading In Controversy, Neil Duxbury

Buffalo Law Review

No abstract provided.


Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith Apr 1997

Incommensurability And Alterity In Contemporary Jurisprudence, Nick Smith

Buffalo Law Review

No abstract provided.


Is Law Narrative?, Jane B. Baron, Julia Epstein Jan 1997

Is Law Narrative?, Jane B. Baron, Julia Epstein

Buffalo Law Review

No abstract provided.


Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser Oct 1984

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.


Revitalizing American Liberalism, David Gregory Apr 1984

Revitalizing American Liberalism, David Gregory

Buffalo Law Review

Book review of Brue Ackerman's Reconstructing American Law


Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan Oct 1983

Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan

Buffalo Law Review

No abstract provided.


The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan Jul 1981

The Paradoxes Of Judicial Review In A Constitutional Democracy, Russell L. Caplan

Buffalo Law Review

No abstract provided.


The Mathematics Of Liberalism: The Zero Sum Society By Lester C. Thurow, James T. Carney Apr 1981

The Mathematics Of Liberalism: The Zero Sum Society By Lester C. Thurow, James T. Carney

Buffalo Law Review

No abstract provided.


The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay Oct 1980

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.


The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman Jul 1980

The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman

Buffalo Law Review

No abstract provided.


The Structure Of Blackstone's Commentaries, Duncan Kennedy Apr 1979

The Structure Of Blackstone's Commentaries, Duncan Kennedy

Buffalo Law Review

No abstract provided.


Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain Oct 1975

Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain

Buffalo Law Review

No abstract provided.


Moral And Judicial Reasoning: A Structural Analogy, Thomas D. Perry Apr 1973

Moral And Judicial Reasoning: A Structural Analogy, Thomas D. Perry

Buffalo Law Review

No abstract provided.


The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos Apr 1973

The Uniqueness Of The Warren And Burger Courts In American Constitutional History, P. Allan Dionisopoulos

Buffalo Law Review

No abstract provided.


The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel Oct 1972

The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel

Buffalo Law Review

No abstract provided.