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Full-Text Articles in Law

Consider Buffalo, Pierre Schlag Feb 2024

Consider Buffalo, Pierre Schlag

Buffalo Law Review

No abstract provided.


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.


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.


Dizzying: An Introduction, David A. Westbrook Feb 2024

Dizzying: An Introduction, David A. Westbrook

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 …


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.


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 …


Talking About Talking About Surrogacy, Michael Boucai May 2023

Talking About Talking About Surrogacy, Michael Boucai

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.


Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky Apr 2023

Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky

Buffalo Law Review

No abstract provided.


Remembering Iz, Linda K. Kerber Apr 2023

Remembering Iz, Linda K. Kerber

Buffalo Law Review

No abstract provided.


Remembering Isabel, Elizabeth M. Schneider Apr 2023

Remembering Isabel, Elizabeth M. Schneider

Buffalo Law Review

No abstract provided.


Isabel Marcus:Activist Scholar, Patricia A. Cain Apr 2023

Isabel Marcus:Activist Scholar, Patricia A. Cain

Buffalo Law Review

No abstract provided.


A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono Apr 2023

A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono

Buffalo Law Review

No abstract provided.


Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp Feb 2023

Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp

Journal Articles

The Loyola of Los Angeles Law Review is pleased to publish this Festschrift Symposium Honoring Professor Samuel Pillsbury. The following is an edited transcript of the live symposium held at LMU Loyola Law School on Friday, March 25, 2022.


The Story Of Beauharnais V. Illinois, Samantha Barbas Jan 2023

The Story Of Beauharnais V. Illinois, Samantha Barbas

Journal Articles

No abstract provided.


While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel Nov 2022

While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel

Books

What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.

While Waiting for Rain first examines the economic history of the United States as well as that …


The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas Sep 2022

The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas

Journal Articles

It is well-known that there is no “hate speech” law in the United States. This has been criticized, especially given the existence of robust hate speech laws in other nations. The absence of hate speech laws in American law has been attributed to legal, cultural, and historical factors, including speech protective First Amendment jurisprudence and long-standing skepticism of group reputation as an interest worthy of legal protection.

This Article presents another reason for the absence of hate speech laws in America: the failure of a large-scale social movement in the 1940s to pass hate speech laws or “group libel” laws, …


Wesley Newcomb Hohfeld: On The Difficulty Of Becoming A Law Professor, John Henry Schlegel Jul 2022

Wesley Newcomb Hohfeld: On The Difficulty Of Becoming A Law Professor, John Henry Schlegel

Contributions to Books

Published as Chapter 18 in Wesley Hohfeld A Century Later: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman & Henry Smith, eds.

Wesley Hohfeld (1879 - 1918) is well known to legal philosophers and to property teachers for his table of fundamental conceptions, a terminological framework for understanding legal doctrine and reasoning. This work was also substantively important for some members of the American Legal Realist movement and Critical Legal Studies. More personally he was part of the generation of law teachers who had to figure out how to become a professional academic in the …


Growing Up Marshall: Life, Legacy & Lessons Learned, John W. Marshall Jun 2022

Growing Up Marshall: Life, Legacy & Lessons Learned, John W. Marshall

Buffalo Law Review

No abstract provided.


Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel Aug 2021

Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel

Book Reviews

No abstract provided.


Our Imperial Federal Courts, Matthew J. Steilen Jun 2021

Our Imperial Federal Courts, Matthew J. Steilen

Journal Articles

This essay is a response to Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74VAND.L.REV.621(2021).

“The article is significant for the archival work alone. It is useful, as well, for the impressive synthesis of the existing secondary literature, collected in the footnotes, which makes a convenient reading list for us mere mortals. The argument of the article is ambitious. As the Table of Contents suggests, its structure is complex: the author asks us to visit three different jurisdictions (two British and one American, each thousands of miles apart), in three different decades, in three different political and …


“Read What Was Never Written”, Christopher Tomlins Jan 2021

“Read What Was Never Written”, Christopher Tomlins

Buffalo Law Review

No abstract provided.


Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst Jan 2021

Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst

Buffalo Law Review

No abstract provided.


“I Am Better At Narrative Than Analytical History”: Schlegel’S Version Of Intellectual History, G. Edward White Jan 2021

“I Am Better At Narrative Than Analytical History”: Schlegel’S Version Of Intellectual History, G. Edward White

Buffalo Law Review

No abstract provided.


Saying Thanks With Some Self-Reflection, John Henry Schlegel Jan 2021

Saying Thanks With Some Self-Reflection, John Henry Schlegel

Buffalo Law Review

No abstract provided.


Lessons From A Journey Through State Subnational Constitutional Law, James A. Gardner Jun 2020

Lessons From A Journey Through State Subnational Constitutional Law, James A. Gardner

Journal Articles

No abstract provided.


Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel May 2020

Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel

Buffalo Law Review

According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this Essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. However, the Essay also shows that the idea is improperly attributed to the legal realists, as there are many references …