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Articles 1 - 30 of 49
Full-Text Articles in Law
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Buffalo Law Review
No abstract provided.
Understanding New York's "Mode Of Proceedings" Muddle, Gary Muldoon
Understanding New York's "Mode Of Proceedings" Muddle, Gary Muldoon
Buffalo Law Review
No abstract provided.
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
A Cure For Laryngitis: A First Amendment Challenge To The Nlra's Ban On Secondary Picketing, Joseph L. Guza
A Cure For Laryngitis: A First Amendment Challenge To The Nlra's Ban On Secondary Picketing, Joseph L. Guza
Buffalo Law Review
No abstract provided.
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Buffalo Environmental Law Journal
For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …
Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz
Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz
Buffalo Environmental Law Journal
The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.
Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto
Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto
Buffalo Environmental Law Journal
The origins of the public trust doctrine ma} be traced back to Roman laiw. The Institutes qf Justinian state: "By the lav of nature these things are common to all mankind - the air running water the sea, and consequently the shores of the sea. " The traditional scope of the public trust doctrine in the United States affirms the public right to use waters for navigation, fishing, and commerce. The precise expression of the doctrine varies from state to state because each state is responsible for applying the public trust doctrine within its borders. New York applies the doctrine …
Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel
Buffalo Environmental Law Journal
This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …
The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho
The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho
Buffalo Environmental Law Journal
Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …
Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg
Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg
Buffalo Environmental Law Journal
Hydrocarbons can be produced more efficiently ihen neighboring landowners work in cooperation, rather than in competition. Yet market failures often make it difficult for landovners and the well operators iwith whi om they contract to reach agreements for the cooperative development of hy drocarbon reservoirs. Therefore, some states have enacted forced pooling provisions, vhich allow states to compel cooperative development under certain criteria. While forced pooling is generally acceptable for traditional oil and gas resources, state legislatures and regulators should reassess their forced pooling provisions as they are applied to shale gas resources. Based on the unique characteristics of shale …
The Rise Of Hydraulic Fracturing: A Behavioral Analysis Of Landowner Decision-Making, Jared B. Fish
The Rise Of Hydraulic Fracturing: A Behavioral Analysis Of Landowner Decision-Making, Jared B. Fish
Buffalo Environmental Law Journal
High volume "slickivater" horizontal hydraulic fracturing ("hydrofracking" or 'fracking") is an innovative technology nov widely used to extract natural gas from shale rock. Proponents hail fracking as a way to promote energy independence, bring jobs to economically distressed communities, and mitigate climate change by switching from oil and coal to natural gas. Yet the process has come under increased public scrutiny in recent years as thousands qf reports surfaced linking hydrofracking to groundwater contamination, air pollution, and various maladies. Despite an explosion qf media reports on the potential risks associated with fracking, landowners continue to lease their mineral rights to …
When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore
When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore
Buffalo Public Interest Law Journal
No abstract provided.
Property, Liberty, And The Rights Of The Community: Lessons From Munn V. Illinois, Paul Kens
Property, Liberty, And The Rights Of The Community: Lessons From Munn V. Illinois, Paul Kens
Buffalo Public Interest Law Journal
When considering the extent to which the United States Constitution places a limit on government regulation of business, today's historians and constitutional theorists treat the question as a matter of balancing economic liberty or property rights against government power. Moreover, modem scholars commonly maintain that this balancing formula represents the predominant tradition in constitutional history. Tracing it back to the tenants of Jacksonian democracy that emphasized distrust of government, they imply that constitutional history has developed as a straight line: always with an emphasis on individual liberty and always with a presumption that entrepreneurial liberty should be favored over governments' …
Anti-Sprawl Initiatives: How Complete Is The Convergence Of Environmental, Desegregationist And Fair Housing Interests?, Zoë Prebble
Buffalo Public Interest Law Journal
No abstract provided.
Statistical Criticism Of Jury Selection Methods In The Western District Of Oklahoma, R. Darcy, Brett M. Stingley
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.
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle
Buffalo Public Interest Law Journal
No abstract provided.
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
Buffalo Public Interest Law Journal
No abstract provided.
Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss
Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon
Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon
Buffalo Journal of Gender, Law & Social Policy
This paper examines the significant weight that courts accord proof of especially "severe" conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the "severe or pervasive" test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof that the harassing conduct occurred with great frequency.' Part I provides an introduction to the Supreme Court's hostile work environment jurisprudence and the origins of the severe or pervasive test. Part II begins the exploration into the disjunctive nature of the severe or pervasive test. …
Sugar Dating: A New Take On An Old Issue, Alex Miller
Sugar Dating: A New Take On An Old Issue, Alex Miller
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton
Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes
Yoram Dinstein, The Conduct Of Hostilities Under The Law Of International Armed Conflict, Adam Hayes
Buffalo Human Rights Law Review
No abstract provided.
Human Rights And Climate Change, Marc A. Schulz
Human Rights And Climate Change, Marc A. Schulz
Buffalo Human Rights Law Review
Book review of Human Rights and Climate Change, Stephen Humphreys, ed.
The Origins Of African American Interests In International Law, Henry J. Richardson Iii
The Origins Of African American Interests In International Law, Henry J. Richardson Iii
Buffalo Human Rights Law Review
No abstract provided.
Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock
Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock
Buffalo Human Rights Law Review
No abstract provided.
"Death To Gays!" Uganda's 'One Step Forward, One Step Back' Approach To Human Rights, Tiffany M. Lebrón
"Death To Gays!" Uganda's 'One Step Forward, One Step Back' Approach To Human Rights, Tiffany M. Lebrón
Buffalo Human Rights Law Review
No abstract provided.
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Joseph Powell, Patricia Camino Pérez
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Joseph Powell, Patricia Camino Pérez
Buffalo Human Rights Law Review
No abstract provided.
"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur
Buffalo Human Rights Law Review
This article explores the contours of development policies as they have been applied to pluralistic legal systems, with a specific focus on their effects on women in post-conflict African countries. Drawing on research that firmly establishes the importance of women's social, economic and political participation in post-conflict development, it identifies the flaws in gender-neutral land titling initiatives introduced and encouraged by development institutions. It then describes the gender-sensitive laws enacted as a response to continuing gender discriminatory practices in Rwanda, Mozambique and Uganda. While taking into account the existence of customary law, these laws explicitly affirm women's rights with respect …
Human Trafficking For Begging, Iveta Cherneva
Human Trafficking For Begging, Iveta Cherneva
Buffalo Human Rights Law Review
Beggars are a part of the street landscape of any major city. However, many of the children and elderly women begging on the streets are forced beggars: victims of trafficking in persons who are part of a beggars ring with an organizational complexity comparable to that of a medium-size business enterprise. The present work focuses on the phenomenon of trafficking in persons for the purpose of begging, arguing for its legal conceptualization under international law. Although it is occasionally mentioned in a limited number of international reports and legal documents as a form of trafficking-related exploitation, forced begging is a …
The Subordinate Status Of Negative Speech Rights, Nat Stern
The Subordinate Status Of Negative Speech Rights, Nat Stern
Buffalo Law Review
No abstract provided.