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University at Buffalo School of Law

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Articles 1 - 30 of 5354

Full-Text Articles in Law

Dizzying: An Introduction, David A. Westbrook Feb 2024

Dizzying: An Introduction, David A. Westbrook

Buffalo Law Review

No abstract provided.


Consider Buffalo, Pierre Schlag Feb 2024

Consider Buffalo, Pierre Schlag

Buffalo Law Review

No abstract provided.


On Preparing The Soil For Rain, Errol Meidinger Feb 2024

On Preparing The Soil For Rain, Errol Meidinger

Buffalo Law Review

This Essay examines several possibilities for improving our thinking about the vexing, multifaceted problem of revitalizing languishing regions of the United States. Its jumping-off point is an important work of socio-economiclegal history: While Waiting for Rain: Community, Economy, and Law in a Time of Change, by John Henry Schlegel. The book seeks to understand the steady decline of US regional economies, particularly Buffalo, following a period of relatively high prosperity from World War II through the 1950s; its tandem question is how those economies might be revived. Based on a very full and rich exposition, Schlegel argues that, like farmers …


The Tragedy Of The (Not So Much In) Common(S), George M. Williams Jr. Feb 2024

The Tragedy Of The (Not So Much In) Common(S), George M. Williams Jr.

Buffalo Law Review

No abstract provided.


While Waiting For Capital To Rain, Matthew Dimick Feb 2024

While Waiting For Capital To Rain, Matthew Dimick

Buffalo Law Review

No abstract provided.


While Waiting For Virtue: Comments On Schlegel’S While Waiting For Rain, James A. Gardner Feb 2024

While Waiting For Virtue: Comments On Schlegel’S While Waiting For Rain, James A. Gardner

Buffalo Law Review

No abstract provided.


With Thanks And A Note On Causation, John Henry Schlegel Feb 2024

With Thanks And A Note On Causation, John Henry Schlegel

Buffalo Law Review

No abstract provided.


The New Comity Abstention, John Harland Giammatteo Dec 2023

The New Comity Abstention, John Harland Giammatteo

Journal Articles

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including under the Americans with Disabilities Act, the Indian Child Welfare Act, and various constitutional provisions, involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts determine state policy.

This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from …


Infrostructure(S): Administering Information, Kali Murray Oct 2023

Infrostructure(S): Administering Information, Kali Murray

Buffalo Law Review

This Article, Infrostructure(s): Administering Information, considers how authoritative entities generate, manage, and produce informational structures, facilities, and architectures that support market creation and creative economy decision-making between private parties and entities. The term infrostructure, as opposed to other terms, such as infostructure and infosphere, suggests that infrostructures play vital roles in modern democratic life including producing new information resources, facilitating private transactions between private parties, and building the administrative state.

This Article is divided into two parts. Part I discusses how information regulation is mediated through information forms and information systems with a focus on the materialities of information forms …


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 Oct 2023

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.


Immortal Longings: Perpetuity In Context, Lawrence M. Friedman Oct 2023

Immortal Longings: Perpetuity In Context, Lawrence M. Friedman

Buffalo Law Review

No abstract provided.


Honest Belief And Proof Of Unlawful Motive, Eric Schnapper Oct 2023

Honest Belief And Proof Of Unlawful Motive, Eric Schnapper

Buffalo Law Review

No abstract provided.


Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson Oct 2023

Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson

Buffalo Law Review

One-hundred and twenty-eight years after “the Supreme Court of the United States had an opportunity to clear up the confusion and ambiguity that hang[s] over the common talk about the presumption of innocence,”1 the confusion persists. This lingering confusion is at its most stringent in federal bail determinations where, despite legislative intent, precedent, and logic to the contrary, it is invoked to discount the weight of the evidence against the defendant in deciding what conditions will secure presence at trial or safety to the community. Furthermore, the presumption’s path from an instrument of proof to its status as a right …


Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun Oct 2023

Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun

Buffalo Human Rights Law Review

Among the various forms of sexual violence perpetrated against the girl-child, breast ironing remains largely obscured due to its underreporting. Yet thousands of girls, especially in Sub-Saharan Africa where it is most prevalent, continue to suffer in silence. These girls are not just exposed to the immediate violence of this act, but they also carry the scar of this human rights violation for life. With the scholarly focus on the practice rather scant, the necessary legal response has also been checkmated. The goal of this article is to bring international focus to this problem by examining the practice in the …


Life Without Parole: An Eighth Amendment Analysis, Alexis Dicarlo Oct 2023

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 …


Addressing Root Causes: The Need For Ex-Ante Regulation In Business And Human Rights, Vidhya Karnamadakala Oct 2023

Addressing Root Causes: The Need For Ex-Ante Regulation In Business And Human Rights, Vidhya Karnamadakala

Buffalo Human Rights Law Review

With the rise of mandatory human rights due diligence (HRDD) laws across various jurisdictions, governments are turning to regulatory tools to tackle the transnational challenges of business and human rights. Yet, the dominant focus on an ex-post standard such as mandatory HRDD may not adequately address the root causes of rights abuses in commercial activities. The individualized ex-post enforcement model which underpins HRDD has limited potential to address the systemic infrastructure of exploitative business practices. The upstream purchasing and contracting practices which lead to human rights violations in supply chains are overlooked, and even reinforced, in such a model. Without …


Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave Oct 2023

Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave

Buffalo Human Rights Law Review

Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However, current frameworks lack a standardized approach to the conceptualization of hate speech. Some conceptualizations are overbroad, and others are underinclusive; overbroad because they lead to the removal of legal content (e.g. removal tools deleting legal content posted by marginalized communities), and underinclusive as the context of posts by linguistic minorities is often …


The Forgotten: Nyc And School Segregation, Deja Graham Oct 2023

The Forgotten: Nyc And School Segregation, Deja Graham

Buffalo Human Rights Law Review

School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …


Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman Oct 2023

Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman

Journal Articles

No abstract provided.


Why Law Isn’T Jazz: A Response, James A. Gardner Sep 2023

Why Law Isn’T Jazz: A Response, James A. Gardner

The Docket

No abstract provided.


Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham Aug 2023

Appraisal Discrimination: Five Lessons For Litigators, Heather R. Abraham

Journal Articles

Appraisal discrimination not only persists, but its influence has actually increased in some housing markets. New studies document how contemporary appraisal methods operate as systemic racism, such as how appraisers select from a narrower set of comparable properties when appraising homes in predominantly Black neighborhoods. Recent events have renewed public attention to appraisal discrimination, from shocking news stories to a new multiagency federal task force. In tandem, a new wave of litigation has emerged. This Article examines litigation as one element of a multifaceted approach to combatting appraisal discrimination. After examining the weaknesses of the regulatory framework governing appraisals, this …


Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen Aug 2023

Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen

Journal Articles

This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers …


Legal Writing Handbook For Clinical Students, Nan Haynes May 2023

Legal Writing Handbook For Clinical Students, Nan Haynes

Books

This handbook is for upper-level students enrolled in a clinic, who are expected to draft legal memorandums, briefs, client letters, and pleadings with minimal supervision. Each chapter focuses on a single writing skill. The exercises and examples consistently and cogently employ the techniques and devices advocated in the book.

Clinical students learn by doing. Still, their legal writing experience is limited, so guiding them through written assignments is challenging. They simultaneously need specific feedback on legal writing from their professors, and the opportunity to do as much as possible on their own. I wrote this handbook with that challenge in …


Talking About Talking About Surrogacy, Michael Boucai May 2023

Talking About Talking About Surrogacy, Michael Boucai

Buffalo Law Review

No abstract provided.


Tort Reform & The Takings Clause, Bailey D. Barnes May 2023

Tort Reform & The Takings Clause, Bailey D. Barnes

Buffalo Law Review

The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.

A Takings …


Progressive State Constitutionalism, Jorge M. Farinacci-Fernós May 2023

Progressive State Constitutionalism, Jorge M. Farinacci-Fernós

Buffalo Law Review

Unlike the U.S. Constitution, many state constitutions are truly modern documents that address important social, economic, and political issues from a progressive perspective. This is due to the combination of several key features, including: socially oriented historical circumstances; democratic creation processes; significant substantive content guided by ideas of social justice; and adequate judicial enforcement that takes into account these crucial normative elements. As a result, these progressive state constitutions can become powerful allies in the search for a transformative constitutionalism in the United States that facilitates the goals of social justice and collective prosperity.

The constitutional processes in California (1880), …


Patriarchal Violence, Rona Kaufman May 2023

Patriarchal Violence, Rona Kaufman

Buffalo Law Review

For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women’s inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist theorists have devoted decades to conceptualizing various manifestations of such violence, ranging from private acts, such as sexual assault and intimate partner abuse, to public acts, such as the incarceration of mothers and the criminalization of pregnancy. In this article, I argue in favor of conceptualizing the many …


Medical Falsity: The False Claims Act’S Quagmire For Medicare And Medicaid Claims, Jordan R. Einhorn May 2023

Medical Falsity: The False Claims Act’S Quagmire For Medicare And Medicaid Claims, Jordan R. Einhorn

Buffalo Law Review

No abstract provided.


A Grievously Belated Thank You Note, Sanford Levinson Apr 2023

A Grievously Belated Thank You Note, Sanford Levinson

Buffalo Law Review

No abstract provided.


Family Remarks, Justin Pritchard Apr 2023

Family Remarks, Justin Pritchard

Buffalo Law Review

No abstract provided.