Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Is China A “Rule-By-Law” Regime?, Kwai Hang Ng May 2019

Is China A “Rule-By-Law” Regime?, Kwai Hang Ng

Buffalo Law Review

No abstract provided.


What’S The Point Of The Rule Of Law?, Martin Krygier May 2019

What’S The Point Of The Rule Of Law?, Martin Krygier

Buffalo Law Review

No abstract provided.


On The Place Of Judge-Made Law In A Government Of Laws, Matthew J. Steilen Nov 2016

On The Place Of Judge-Made Law In A Government Of Laws, Matthew J. Steilen

Journal Articles

This essay explores a constitutional account of the elevation of the judiciary in American states following the Revolution. The core of the account is a connection between two fundamental concepts in Anglo-American constitutional thinking, discretion and a government of laws. In the periods examined here, arbitrary discretion tended to be associated with alien power and heteronomy, while bounded discretion was associated with self-rule. The formal, solemn, forensic, and public character of proceedings in courts of law suggested to some that judge-made law (a product of judicial discretion under these proceedings) did not express simply the will of the judge or …


Africa And The Rule Of Law, Makau Wa Mutua Jul 2016

Africa And The Rule Of Law, Makau Wa Mutua

Journal Articles

The rule of law is often seen as a panacea for ensuring a successful, fair and modern democracy which enables sustainable development. However, as Makau Mutua highlights, this is not the case. Using the example of African states, he describes how no African country has truly thrown off the shackles of colonial rule and emerged as a truly just nation state – even though many have the rule of law at the heart of their constitutions. This, he argues, is because the Western concept of the rule of law cannot be simply transplanted to Africa. The concept must be adapted …


Toward A Fundamental Right To Evade Law? Protecting The Rule Of Unequal Racial And Economic Power In Shelby County And State Farm, Martha T. Mccluskey Jan 2015

Toward A Fundamental Right To Evade Law? Protecting The Rule Of Unequal Racial And Economic Power In Shelby County And State Farm, Martha T. Mccluskey

Journal Articles

To rationalize its ruling on voting rights, Shelby County, Alabama v. Holder develops a constitutional vision of passivity in the face of institutionalized power to violate the law. This essay compares Shelby County to State Farm Mutual Automobile v. Campbell, a 2003 Supreme Court ruling involving a different subject area, state punitive damage awards. In both, the Court asserts newly articulated judicial power to override other branches, not to protect human rights, but rather to expand institutionalized immunity from those rights. On the surface, the Court’s rejection of state sovereignty in State Farm (protecting multistate corporations from high punitive damages) …


Norm Supercompliance And The Status Of Soft Law, Brian Sheppard Aug 2014

Norm Supercompliance And The Status Of Soft Law, Brian Sheppard

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 Jan 2014

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 Rule Of Law And The Politics Of Fear: Human Rights In The Twenty-First Century, Irene Zubaida Khan Sep 2008

The Rule Of Law And The Politics Of Fear: Human Rights In The Twenty-First Century, Irene Zubaida Khan

Buffalo Human Rights Law Review

No abstract provided.


Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland Sep 2008

Migrant Children, Compulsory Education And The Rule Of Law In China, Brian Holland

Buffalo Human Rights Law Review

No abstract provided.


But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel Apr 2003

But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel

Journal Articles

No abstract provided.


Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua Feb 2001

Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua

Journal Articles

The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.


On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky Mar 1981

On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky

Book Reviews

Review of Kermit L. Hall, The Politics of Justice: Lower Federal Judicial Selection and the Second Party System and Mary K. Bonsteel Tachau, Federal Courts in the Early Republic: Kentucky 1789-1816.


Law As Rule And Principle By Theodore M. Benditt, D. M. Patterson Jan 1979

Law As Rule And Principle By Theodore M. Benditt, D. M. Patterson

Buffalo Law Review

No abstract provided.