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Articles 1 - 21 of 21
Full-Text Articles in Law
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
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.
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Honest Belief And Proof Of Unlawful Motive, Eric Schnapper
Buffalo Law Review
No abstract provided.
Infrostructure(S): Administering Information, Kali Murray
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 …
Immortal Longings: Perpetuity In Context, Lawrence M. Friedman
Immortal Longings: Perpetuity In Context, Lawrence M. Friedman
Buffalo Law Review
No abstract provided.
Walking With Shadows And Phantoms: The Presumption Of Innocence And Bail Determinations, Davis Badger Anderson
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 …
Tort Reform & The Takings Clause, Bailey D. Barnes
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
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
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 …
Talking About Talking About Surrogacy, Michael Boucai
Talking About Talking About Surrogacy, Michael Boucai
Buffalo Law Review
No abstract provided.
Medical Falsity: The False Claims Act’S Quagmire For Medicare And Medicaid Claims, Jordan R. Einhorn
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
A Grievously Belated Thank You Note, Sanford Levinson
Buffalo Law Review
No abstract provided.
Family Remarks, Justin Pritchard
Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky
Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky
Buffalo Law Review
No abstract provided.
Remembering Iz, Linda K. Kerber
Remembering Isabel, Elizabeth M. Schneider
Isabel Marcus:Activist Scholar, Patricia A. Cain
Isabel Marcus:Activist Scholar, Patricia A. Cain
Buffalo Law Review
No abstract provided.
A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono
A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono
Buffalo Law Review
No abstract provided.
Forcing Supreme Court Review By The Federal Circuit, Jeremy W. Bock
Forcing Supreme Court Review By The Federal Circuit, Jeremy W. Bock
Buffalo Law Review
From time to time, a federal court of appeals may want the Supreme Court to take a case because it is stuck: there is an unresolved issue that is important to the day-to-day administration of justice, but an en banc sitting would be futile. The Supreme Court, however, has a haystack problem: it receives several thousand certiorari petitions each year, of which approximately 1% receive plenary review. The literature suggests that the selection of the certworthy needles in this petition haystack is a black-box process affected by discretion and situational factors that make timely review unpredictable and difficult to obtain. …
Racial Isolation, School Police, And The “School-To-Prison Pipeline”: An Empirical Perspective On The Enduring Salience Of “Tipping Points”, Michael Heise
Buffalo Law Review
Two broad trends inform public K-12 education’s current trajectory. One involves persisting (and recently increasing) school racial isolation which helps account for an array of costs borne by students, schools, and communities. A second trend, involving a dramatically increasing police presence in schools, is evidenced by a rising school resource officer (“SRO/police”) presence in schools. Increases in the magnitude of a school’s SRO/police presence correspond with increases in the school’s propensity to engage law enforcement agencies in student disciplinary matters which, in turn, help fuel a growing school-to-prison pipeline problem. While these two broad trends propel two distinct research literatures, …
The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy
The Bitter Ironies Of Williams V. Walker-Thomas Furniture Co. In The First Year Law School Curriculum, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie
Returning Control To The People: The Native American Languages Act, Reclamation, And Native Language Teacher Certification, Karen E. Lillie
Buffalo Law Review
No abstract provided.