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Full-Text Articles in Law

Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman Dec 2020

Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman

Buffalo Law Review

Many progressives have decided they need to change the Supreme Court to break the conservative justices’ lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing—adding justices to shift the partisan balance on the Court—to other possible Court changes, such as court-curbing measures that would reduce the Court’s power. Court-packing has multiple advantages over these other possibilities, not the least of which is that even the current Roberts Court would almost certainly hold court-packing, unlike other potential changes, to be constitutional. Even so, some progressives view …


Technologies Of Language Meet Ideologies Of Law, Anya Bernstein Dec 2020

Technologies Of Language Meet Ideologies Of Law, Anya Bernstein

Journal Articles

No abstract provided.


May It Please The Court: A Longitudinal Study Of Judicial Citation To Academic Legal Periodicals, Brian T. Detweiler Oct 2020

May It Please The Court: A Longitudinal Study Of Judicial Citation To Academic Legal Periodicals, Brian T. Detweiler

Law Librarian Journal Articles

Part I of this article examines the proportion of reported opinions from U.S. federal and state courts between 1945 and 2018 that cite at least one academic legal periodical, while Part II applies that data beginning in 1970 to compare the proportion of opinions that cite to the flagship journals of 17 law schools selected and hierarchically categorized based on their U.S. News & World Reports rankings. Representing the most elite schools are Harvard Law Review and Yale Law Journal, the two longest running student-edited journals at arguably the two most prestigious law schools in the United States, followed by …


Centralization Of The Academic Law Library: Is It Right For Your Institution?, Elizabeth G. Adelman Oct 2020

Centralization Of The Academic Law Library: Is It Right For Your Institution?, Elizabeth G. Adelman

Contributions to Books

Published in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts, Michelle M. Wu, Scott B. Pagel & Joan S. Howland, eds.


Lies, Gaslighting And Propaganda, G. Alex Sinha Sep 2020

Lies, Gaslighting And Propaganda, G. Alex Sinha

Buffalo Law Review

No abstract provided.


The Public Problem With Counterterrorism, David A. Westbrook, Mark Maguire Sep 2020

The Public Problem With Counterterrorism, David A. Westbrook, Mark Maguire

Other Scholarship

No abstract provided.


Climbing To 1011: Globalization, Digitization, Shareholder Capitalism And The Summits Of Contemporary Wealth, David A. Westbrook Jun 2020

Climbing To 1011: Globalization, Digitization, Shareholder Capitalism And The Summits Of Contemporary Wealth, David A. Westbrook

Journal Articles

While we may find many sorts of inequality in the United States and elsewhere, this essay is about the specific form of inequality exemplified by Jeff Bezos or Bill Gates, that is, the Himalayan summits of contemporary wealth, mostly in the United States. Such wealth results from the confluence of three historical developments.

First, the social processes referred to under the rubric of “globalization” have created vast markets. A dominant position in such markets leads not only to great wealth, but the elimination of peers. Since there are few such markets, relatively significant wealth is possessed by very few people. …


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 …


The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine Apr 2020

The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine

Buffalo Law Review

The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …


Citation Databases For Legal Scholarship, John R. Beatty Mar 2020

Citation Databases For Legal Scholarship, John R. Beatty

Law Librarian Journal Articles

Traditional citation sources, such as Web of Science, index limited numbers of law journals. Consequently, although not designed for generating scholarship citation metrics, many law scholarship citation studies use law-specific databases like Westlaw or LexisNexis to gather citations. This article compares citation metrics derived from Web of Science and Westlaw to metrics derived from Google Scholar and HeinOnline’s citation tools. The study finds that HeinOnline and Westlaw generate higher metrics than Web of Science, and Google Scholar generates higher metrics than both. However, metrics from all four sources are highly correlated, so rankings generated from any may be very similar.


Academic Law Library Director Status Since The Great Recession: Strengthened, Maintained, Or Degraded?, Elizabeth G. Adelman, Karen L. Shephard, Richard J. Patti, Robert M. Adelman Jan 2020

Academic Law Library Director Status Since The Great Recession: Strengthened, Maintained, Or Degraded?, Elizabeth G. Adelman, Karen L. Shephard, Richard J. Patti, Robert M. Adelman

Journal Articles

The status of the academic law library director is central to the educational mission of the law library. We collected data from 2006 to 2016 showing a 25 percent decrease in tenure-track directorships. We also found one in four changes in directorships since 2013 resulted in the new director having a degraded status compared to her predecessor.


Fleshy Encounters: Meddling With Zoo And Aquarium Veterinarians, Irus Braverman Jan 2020

Fleshy Encounters: Meddling With Zoo And Aquarium Veterinarians, Irus Braverman

Journal Articles

This article aims to make visible expert practices that take place behind closed doors and that are perceived as being of no concern to the public, who wouldn’t understand them anyway. The experts that this article is concerned with are medical practitioners of a particular kind: zoo and aquarium veterinarians. I utilize both text and multimedia presentations to allow the veterinarians I interviewed to directly explain their work to the reader, who may then experience this work, the space and environment where it is performed, and the tools with which it is conducted, on a more affective and sensorial plane. …


Selective Incompatibilism, Free Will, And The (Limited) Role Of Retribution In Punishment Theory, Luis E. Chiesa Jan 2020

Selective Incompatibilism, Free Will, And The (Limited) Role Of Retribution In Punishment Theory, Luis E. Chiesa

Journal Articles

No abstract provided.