Law Commons^™

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.

Life Without Parole: An Eighth Amendment Analysis, Alexis Dicarlo

Buffalo Human Rights Law Review

This Article will analyze the constitutionality of life without parole under the U.S. Supreme Court’s test for categorical bans on sentencing practices. This article first addresses the cruelty of prison and how that affects individuals with life sentences specifically. Next, it will analyze life without parole under the Supreme Court’s Eighth Amendment analysis, starting with examining evolving standards of decency. In doing so, this article will address how the U.S. operates with respect to sentencing compared to the rest of the world. Importantly, it will engage in a culpability analysis, following the Supreme Court’s logic, that ultimately favors abolition of …

Developing Police, Madalyn K. Wasilczuk

Buffalo Law Review

No abstract provided.

Focusing Presidential Clemency Decision-Making, Paul J. Larkin Jr.

Buffalo Law Review

The Article II Pardon Clause grants the President authority to award clemency to any offender. The clause contains only two limitations. The President cannot excuse someone from responsibility for a state offense, nor can he prevent Congress from impeaching and removing a federal official. Otherwise, the President’s authority is plenary. The clause authorizes the President to grant clemency as he sees fit, but the clause does not tell him when he should feel that way.

Historically, Presidents have generally used their authority for legitimate reasons, such as freeing someone who was wrongfully convicted, who is suffering under an unduly onerous …

Taking Restorative Justice Seriously, Adriaan Lanni

Buffalo Law Review

Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …

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 …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Buffalo Law Review

No abstract provided.

Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia N. Morgan

Buffalo Human Rights Law Review

No abstract provided.

Ending The Internal Affairs Farce, Rachel Moran

Buffalo Law Review

No abstract provided.

Remedial Discretion In Constitutional Adjudication, John M. Greabe

Buffalo Law Review

No abstract provided.

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.

A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin

Buffalo Public Interest Law Journal

No abstract provided.

"Ordinary Citizens" Or A License To Kill? The Turn To Law In Regulating Britain's Intelligence Services, Simon Chesterman

Buffalo Public Interest Law Journal

No abstract provided.

A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell

Buffalo Public Interest Law Journal

No abstract provided.

The Military Commissions Act And Its Impact On Our Justice System, Azra B. Zaidi

Buffalo Public Interest Law Journal

No abstract provided.

Garrity V. New Jersey And Its Progeny: How Lower Courts Are Weakening The Strong Constitutional Protections Afforded Police Officers, Donald Wm. Driscoll

Buffalo Public Interest Law Journal

No abstract provided.

The Role And Rejection Of A Claim For Third Party Standing In The Prison System, Michael D. Bui

Buffalo Public Interest Law Journal

No abstract provided.

Cuffed Love: Do Prison Babies Ever Smile?, Leda M. Pojman

Buffalo Women's Law Journal

No abstract provided.

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

Buffalo Public Interest Law Journal

No abstract provided.

Losing More Than Time: Incarcerated Mothers And The Adoption And Safe Families Act Of 1997, Mariely Downey

Buffalo Women's Law Journal

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Regulating The Market For Snitches, Ian Weinstein

Buffalo Law Review

No abstract provided.

The Right To Treatment For Involuntarily Committed Sex Offenders In The Wake Of Kansas V. Hendricks, David Depugh

Buffalo Public Interest Law Journal

No abstract provided.

The Wages Of Ambivalence: On The Context And Prospects Of New York's Death Penalty, Franklin E. Zimring

Buffalo Law Review

No abstract provided.

New York Statute As Cultural Document: Seeking The Morally Optimal Death Penalty, Robert Weisberg

Buffalo Law Review

No abstract provided.

Jury Responsibility In Capital Sentencing: An Empirical Study, Theodore Eisenberg, Stephen P. Garvey, Martin T. Wells

Buffalo Law Review

No abstract provided.

A Primer On The New Habeas Corpus Statute, Larry W. Yackle

Buffalo Law Review

No abstract provided.

Simple Murder: A Comment On The Legality Of Executing The Innocent, Susan Bandes

Buffalo Law Review

No abstract provided.

Federalizing Death, George Kannar

Buffalo Law Review

No abstract provided.

Recontextualizing The Context Of The Death Penalty, Daniel D. Polsby

Buffalo Law Review

No abstract provided.