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Full-Text Articles in Law

Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew Jul 2022

Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew

Journal Articles

What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …


Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas Aug 2020

Governor Northam’S Executive Order 43: One Stone And Two Birds For Virginia Energy Policy, Antonia M. Douglas

Buffalo Environmental Law Journal

No abstract provided.


Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce Dec 2019

Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce

Journal Articles

No abstract provided.


Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York Sep 2019

Proposed New York Trust Code, Surrogate’S Court Advisory Committee To The Chief Administrative Judge Of The Courts Of The State Of New York

Other Scholarship

Text of a proposed New York Trust Code to be submitted to the New York Legislature.


The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa Jul 2018

The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa

Journal Articles

No abstract provided.


Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke Jan 2015

Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke

Journal Articles

Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …


A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten Jan 2014

A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten

Journal Articles

This essay, prepared in connection with the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, examines ERISA’s regime for administering benefit claims and, in particular, the requirement that participants exhaust their plan’s review procedures before filing suit to recover benefits. Like other key elements of ERISA’s claims regime, the exhaustion requirement is a judicial creation that is not articulated in ERISA’s text. Interestingly, former congressional staffers who attended the Symposium said they assumed participants would be required to exhaust plan review procedures but failed to include such a requirement in the legislation. After reviewing the development of …


Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley Sep 2011

Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley

Buffalo Public Interest Law Journal

No abstract provided.


The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi Aug 2011

The Agency Defense: Can The Legislature Help?, Yuval Simchi-Levi

Buffalo Law Review

No abstract provided.


Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter Jan 2010

Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter

Buffalo Law Review

No abstract provided.


Sizing Up Local Legislatures, James A. Gardner, Kathryn A. Foster Sep 2009

Sizing Up Local Legislatures, James A. Gardner, Kathryn A. Foster

Other Scholarship

No abstract provided.


Do As I Say, Not As I Do: An International And Comparative Study Of Governments' Rights To "Infringe" Patents In Light Of The Federal Circuit's Recent Interpretation Of 28 U.S.C. § 1498 And A Call For Congress To Modernize The Statute, Blake Evan Reese Oct 2006

Do As I Say, Not As I Do: An International And Comparative Study Of Governments' Rights To "Infringe" Patents In Light Of The Federal Circuit's Recent Interpretation Of 28 U.S.C. § 1498 And A Call For Congress To Modernize The Statute, Blake Evan Reese

Buffalo Intellectual Property Law Journal

No abstract provided.


Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale Apr 2002

Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale

Buffalo Environmental Law Journal

No abstract provided.


Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger Feb 2001

Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger

Journal Articles

Many industrial organizations are committing to achieve improved environmental performance through non-governmentally instituted environmental certification programs. Such programs typically define the environmental standards that firms must meet as well as the organizational mechanisms required to achieve and "certify" compliance. Well known examples include the chemical industry's "Responsible Care" program, the International Organization for Standardization's "ISO 14000" environmental management program, and the Forest Stewardship Council's well-managed forests program.

Because of their ostensibly private and voluntary nature, environmental certification programs are often presumed to be separate and distinct from law. In fact, however, they are deeply intertwined with law, and seem likely …


The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long Jan 2000

The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long

Journal Articles

No abstract provided.


Date Rape Prohibition Act Of 1999, Caroline E. Edwards Sep 1999

Date Rape Prohibition Act Of 1999, Caroline E. Edwards

Buffalo Women's Law Journal

No abstract provided.


Domestic Violence And Sexual Asaault Victims' Housing Act, Caroline Edwards Sep 1998

Domestic Violence And Sexual Asaault Victims' Housing Act, Caroline Edwards

Buffalo Women's Law Journal

No abstract provided.


The Violence Against Women Act Of 1999, Margaret Murphy Sep 1998

The Violence Against Women Act Of 1999, Margaret Murphy

Buffalo Women's Law Journal

No abstract provided.


Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards Sep 1998

Equal Pay: A Proposed Amendment To The Fairllabor Standards Act, Caroline Edwards

Buffalo Women's Law Journal

No abstract provided.


Tort Reform: An Important Issue For Women, Lucinda M. Finley Oct 1993

Tort Reform: An Important Issue For Women, Lucinda M. Finley

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Pawnbroking: Coming To America, Observations Of Statutory Non-Uniformity And A Call For Uniform Legislation, Jarret C. Oeltjen Jan 1990

Pawnbroking: Coming To America, Observations Of Statutory Non-Uniformity And A Call For Uniform Legislation, Jarret C. Oeltjen

Buffalo Law Review

No abstract provided.


Pawnbroking On Parade, Jarret C. Oeltjen Oct 1988

Pawnbroking On Parade, Jarret C. Oeltjen

Buffalo Law Review

No abstract provided.


Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach Oct 1988

Transferable Public Rights: Reconciling Public Rights And Private Property, Michael Neiderbach

Buffalo Law Review

No abstract provided.


The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus Jul 1981

The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus

Buffalo Law Review

No abstract provided.


On Legalities And Linguistics: Plain Language Legislation, Stephen M. Ross Apr 1981

On Legalities And Linguistics: Plain Language Legislation, Stephen M. Ross

Buffalo Law Review

No abstract provided.


Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz Jan 1981

Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz

Buffalo Law Review

No abstract provided.


Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald Apr 1980

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.


Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick Oct 1978

Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick

Buffalo Law Review

No abstract provided.


The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford Oct 1977

The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford

Buffalo Law Review

No abstract provided.


The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger Jan 1976

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.