Law Commons^™

Factors, Scott Rempell

Buffalo Law Review

No abstract provided.

Rules Vs. Standards In Private Ordering, Tomer S. Stein

Buffalo Law Review

The tradeoff between bright-line rules and general standards is one of the bedrocks of law design. This tradeoff determines how legal norms are composed. The tradeoff between rules and standards pervasively affects private ordering as well: it determines how contractual norms are composed. Yet, scholars exploring the rule vs. standard dichotomy have either entirely overlooked the tradeoff taking place in private orderings or equated it with the public tradeoff that dominates lawmaking.

This Article is the first to systematically examine the rule vs. standard tradeoff in private orderings. The Article carries out this task by identifying and analyzing the fundamental …

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 …

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 …

Re-Reading Legal Realism And Tracing A Genealogy Of Balancing, Curtis Nyquist

Buffalo Law Review

No abstract provided.

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.

Textiles: Popular Culture And The Law, Laura F. Edwards

Buffalo Law Review

No abstract provided.

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Indeterminacy, Value Pluralism, And Tragic Cases, David Wolitz

Buffalo Law Review

No abstract provided.

Natural Law, Equality, And Same-Sex Marriage, Perry Dane

Buffalo Law Review

No abstract provided.

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.

Langdell And The Invention Of Legal Doctrine, Catharine Pierce Wells

Buffalo Law Review

No abstract provided.

Law, Economics, And The Theory Of The Firm, Michael J. Meurer

Buffalo Law Review

No abstract provided.

The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas

Buffalo Law Review

No abstract provided.

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Buffalo Law Review

No abstract provided.

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Buffalo Law Review

No abstract provided.

Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter

Buffalo Law Review

No abstract provided.

The Theory Of Law As Literature, Dennis Patterson

Buffalo Law Review

Book review of Guyora Binder & Robert Weisberg's Literary Criticisms of Law

Fuzzifying The Natural Law—Legal Positivist Debate, Edward S. Adams, Torben Spaak

Buffalo Law Review

No abstract provided.

The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen

Buffalo Law Review

No abstract provided.

Not Socrates, But Protagoras: The Sophistic Basis Of Legal Education, William C. Heffernan

Buffalo Law Review

No abstract provided.

American Legal Realism And Empirical Social Science: The Singular Case Of Underhill Moore, John Henry Schlegel

Buffalo Law Review

No abstract provided.