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University at Buffalo School of Law

2002

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Articles 61 - 68 of 68

Full-Text Articles in Law

Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs Jan 2002

Micah Has One Mommy And One Legal Stranger: Adjudicating Maternity For Nonbiological Lesbian Coparents, Melanie B. Jacobs

Buffalo Law Review

No abstract provided.


Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt Jan 2002

Determining Punitive Damages: Empirical Insights And Implications For Reform, Jennifer K. Robbennolt

Buffalo Law Review

No abstract provided.


Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman Jan 2002

Mr. Dooley And Mr. Gallup: Public Opinion And Constitutional Change In The 1930s, Barry Cushman

Buffalo Law Review

No abstract provided.


Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter Jan 2002

Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter

Buffalo Law Review

No abstract provided.


Federalism, Popular Sovereignty, And The Individual Right To Keep And Bear Arms: A Structural Alternative To United States V. Emerson, Jack Trachtenberg Jan 2002

Federalism, Popular Sovereignty, And The Individual Right To Keep And Bear Arms: A Structural Alternative To United States V. Emerson, Jack Trachtenberg

Buffalo Law Review

No abstract provided.


The New Environmental Law: Forest Certification, Errol E. Meidinger Jan 2002

The New Environmental Law: Forest Certification, Errol E. Meidinger

Journal Articles

This paper argues that the rapidly expanding practice of forest certification, together with similar developments in other sectors, is creating a new template for environmental law. Nongovernmental organizations and some industry actors are establishing binding regulatory standards, systems for monitoring compliance, sanctions for non-compliance, and, when things work well, methods for assessment and revision. It locates these developments as a part of “phase 3” of environmental law, which also involves a proliferation of other initiatives beyond traditional regulation. Finally, it offers a preliminary discussion of the efficacy, adaptability, coherence, and legitimacy of the emergent system.


Protecting Economic, Social And Cultural Rights In The Inter-American Human Rights System: A Manual On Presenting Claims, Tara J. Melish Jan 2002

Protecting Economic, Social And Cultural Rights In The Inter-American Human Rights System: A Manual On Presenting Claims, Tara J. Melish

Books

This book offers human rights practitioners and scholars a lens into strategies and arguments for the protection of economic, social and cultural rights before the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, particularly through the regional system's individual petitions process. It systematically compiles the regional bodies' major statements on social rights from the 1960s through 1999, describes the system's procedures, and offers strategic pathways and arguments for finding social rights protections solidly grounded in each of the regional system's major human rights instruments. It also offers a model petition and provides strategic advice on framing …


Punishment Theory: Moral Or Political?, Guyora Binder Jan 2002

Punishment Theory: Moral Or Political?, Guyora Binder

Journal Articles

This article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy. Noting the familiar charge that utilitarianism permits framing the innocent, it argues that retributivism is equally vulnerable to the charge that it permits lynching the guilty. It argues that both critiques unfairly attribute lawlessness and dishonesty to the respective punishment theories. As a result, they mischaracterize both as theories about what individuals should do, rather than what acts legitimate government should authorize. In so doing, they disregard how committed the founders of the respective theories were to the rule …