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Full-Text Articles in Law
Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum
Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum
Buffalo Law Review
Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their doorsteps far sooner than originally anticipated, a prospect for which policymakers and legal scholars are presently unprepared.
Global and national demographic change threaten to cause far-reaching dislocations, and local municipalities, too, will be asked to reckon with the aftermath. Yet local governance in the United States has long …
Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo
Standing For Democracy: Is Democracy A Procedural Right In Vacuo? A Democratic Perspective On Procedural Violations As A Basis For Article Iii Standing, Helen Hershkoff, Stephen Loffredo
Buffalo Law Review
Many commentators express concern that democracy in the United States is under threat, whether from the pressure of concentrated wealth and structural racism, government secrecy and authoritarian tendencies, an outdated constitutional structure and old-fashioned corruption, or perhaps a combination of them all. Against this background, this Article argues that the Supreme Court’s treatment of procedural rights for determining standing—the key that opens the door to federal court—is an overlooked factor in contributing to democratic erosion. According to the Court, violation of a congressionally conferred procedural right that does not safeguard some separate, non-procedural, concrete interest of plaintiff—a “procedural right in …
The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose
The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose
Buffalo Law Review
Jurors exercise unique legal power when they are asked to decide whether to sentence someone to death. The Supreme Court emphasizes the central role of the jury’s moral judgment in making this sentencing decision, noting that it is the jurors who are best able to “express the conscience of the community on the ultimate question of life or death.” Manylower courts nevertheless narrow the range of admissible evidence at the mitigation phase of a capital trial, insisting on a standard of legal relevance that interferes with the jury’s ability to exercise the very moral judgment the Supreme Court has deemed …
Ai, On The Law Of The Elephant: Toward Understanding Artificial Intelligence, Emile Loza De Siles
Ai, On The Law Of The Elephant: Toward Understanding Artificial Intelligence, Emile Loza De Siles
Buffalo Law Review
Machine learning and other artificial intelligence (AI) systems are changing our world in profound, exponentially rapid, and likely irreversible ways.3 Although AI may be harnessed for great good, it is capable of and is doing great harm at scale to people, communities, societies, and democratic institutions. The dearth of AI governance leaves unchecked AI’s potentially existential risks. Whether sounding urgent alarm or merely jumping on the bandwagon, law scholars, law students, and lawyers at bar are contributing volumes of AI policy and legislative proposals, commentaries, doctrinal theories, and calls to corporate and international organizations for ethical AI leadership. Unfortunately, erroneous, …
A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski
A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski
Buffalo Law Review
No abstract provided.
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps
Buffalo Law Review
Confederate monuments have again received increased attention in the aftermath of George Floyd’s tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the “death” or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …
Access To Literacy Under The United States Constitution, Christine M. Naassana
Access To Literacy Under The United States Constitution, Christine M. Naassana
Buffalo Law Review
No abstract provided.
Data Management Law For The 2020s: The Lost Origins And The New Needs, Przemysław Pałka
Data Management Law For The 2020s: The Lost Origins And The New Needs, Przemysław Pałka
Buffalo Law Review
In the data analytics society, each individual’s disclosure of personal information imposes costs on others. This disclosure enables companies, deploying novel forms of data analytics, to infer new knowledge about other people and to use this knowledge to engage in potentially harmful activities. These harms go beyond privacy and include difficult to detect price discrimination, preference manipulation, and even social exclusion. Currently existing, individual-focused, data protection regimes leave law unable to account for these social costs or to manage them.
This Article suggests a way out, by proposing to re-conceptualize the problem of social costs of data analytics through the …
Drying Up The Slippery Slope: A New Approach To The Second Amendment, Stephanie Cooper Blum
Drying Up The Slippery Slope: A New Approach To The Second Amendment, Stephanie Cooper Blum
Buffalo Law Review
Few issues are as divisive as guns in American society. In 2017, gun deaths in the United States reached their highest level in nearly forty years. The status quo is untenable as many gun rights groups feel that gun regulations are just a first step in a slippery slope of undermining the Second Amendment’s right to bear arms for self-defense. Conversely, many gun violence prevention activists insist that reasonable regulations concerning public safety can co-exist with the right to bear arms. This quagmire will never abate because on many levels both sides are right. For over 200 years, the courts …
Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite
Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite
Buffalo Law Review
No abstract provided.
Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski
Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski
Buffalo Law Review
No abstract provided.
What’S The Point Of The Rule Of Law?, Martin Krygier
What’S The Point Of The Rule Of Law?, Martin Krygier
Buffalo Law Review
No abstract provided.
“Those People [May Yet Be] A Kind Of Solution” Late Imperial Thoughts On The Humanization Of Officialdom, David A. Westbrook, Mark Maguire
“Those People [May Yet Be] A Kind Of Solution” Late Imperial Thoughts On The Humanization Of Officialdom, David A. Westbrook, Mark Maguire
Buffalo Law Review
No abstract provided.
‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin
‘Otro Mundo Es Posible’: Tempering The Power Of Immigration Law Through Activism, Advocacy, And Action, Susan Bibler Coutin
Buffalo Law Review
No abstract provided.
Foreword: Tempering Power, Errol Meidinger
What Good Is Abstraction? From Liberal Legitimacy To Social Justice, Nimer Sultany
What Good Is Abstraction? From Liberal Legitimacy To Social Justice, Nimer Sultany
Buffalo Law Review
No abstract provided.
Transnational Law As Socio-Legal Theory And Critique: Prospects For “Law And Society” In A Divided World, Peer Zumbansen
Transnational Law As Socio-Legal Theory And Critique: Prospects For “Law And Society” In A Divided World, Peer Zumbansen
Buffalo Law Review
No abstract provided.
Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin
Not From Guile But From Entitlement: Lawful Opportunism Capitalizes On The Cracks In Contracts, Gastón De Los Reyes Jr., Kirsten Martin
Buffalo Law Review
Few concepts have been more pivotal to contract law scholarship over the last forty years than the opportunism attributed ex ante and ex post to contracting parties, yet the lawful form of opportunism identified by Nobel Laureate Oliver Williamson in 1991 remains surprisingly overlooked in favor of the blatant forms of opportunism that result from “self-interest seeking with guile.” This Article extends Williamson’s inchoate account of lawful opportunism and reports the first empirical study of the phenomenon.
The conceptual analysis of lawful opportunism is developed with reference to the bargaining underlying the classic impossibility decision, Taylor v. Caldwell. Three component …
Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist
Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist
Buffalo Law Review
No abstract provided.
Equitably Housing (Almost) Half A Nation Of Renters, Andrea J. Boyack
Equitably Housing (Almost) Half A Nation Of Renters, Andrea J. Boyack
Buffalo Law Review
No abstract provided.
Humbug: Toward A Legal History, Susanna Blumenthal
Humbug: Toward A Legal History, Susanna Blumenthal
Buffalo Law Review
No abstract provided.
Textiles: Popular Culture And The Law, Laura F. Edwards
Textiles: Popular Culture And The Law, Laura F. Edwards
Buffalo Law Review
No abstract provided.
Complex Experimental Federalism, Doni Gewirtzman
Complex Experimental Federalism, Doni Gewirtzman
Buffalo Law Review
No abstract provided.
Democracy, Solidarity, And The Rule Of Law: Lessons From Athens, Paul Gowder
Democracy, Solidarity, And The Rule Of Law: Lessons From Athens, Paul Gowder
Buffalo Law Review
No abstract provided.
What Is The Rule Of Law Good For? Democracy, Development And The Rule Of Law In Classical Athens, Federica Carugati
What Is The Rule Of Law Good For? Democracy, Development And The Rule Of Law In Classical Athens, Federica Carugati
Buffalo Law Review
No abstract provided.
The Inauthenticity Of Solon's Law Against Neutrality, David A. Teegarden
The Inauthenticity Of Solon's Law Against Neutrality, David A. Teegarden
Buffalo Law Review
No abstract provided.
Rethinking Anti-Corruption Reforms: The View From Ancient Athens, Kellam Conover
Rethinking Anti-Corruption Reforms: The View From Ancient Athens, Kellam Conover
Buffalo Law Review
No abstract provided.
So You Want To Have A Second Child? Second Child Bias And The Justification-Suppression Model Of Prejudice In Family Responsibilities Discrimination, Kyle C. Velte
Buffalo Law Review
No abstract provided.
Promoting Justice Through Public Interest Advocacy In Class Actions, Max Helveston
Promoting Justice Through Public Interest Advocacy In Class Actions, Max Helveston
Buffalo Law Review
No abstract provided.
The Market As A Legal Concept, Justin Desautels-Stein
The Market As A Legal Concept, Justin Desautels-Stein
Buffalo Law Review
No abstract provided.