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2008

University at Buffalo School of Law

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Articles 1 - 30 of 92

Full-Text Articles in Law

Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua Dec 2008

Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua

Journal Articles

In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …


Getting Class, Laura T. Kessler Dec 2008

Getting Class, Laura T. Kessler

Buffalo Law Review

No abstract provided.


Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii Dec 2008

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.


Bourdieu And American Legal Education: How Law Schools Reproduce Social Stratification And Class Hierarchy, Lucille A. Jewel Dec 2008

Bourdieu And American Legal Education: How Law Schools Reproduce Social Stratification And Class Hierarchy, Lucille A. Jewel

Buffalo Law Review

No abstract provided.


On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel Dec 2008

On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel

Buffalo Law Review

Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …


The Colorline As Capital Accumulation, Anthony Paul Farley Dec 2008

The Colorline As Capital Accumulation, Anthony Paul Farley

Buffalo Law Review

No abstract provided.


Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey Dec 2008

Constitutionalizing Class Inequality: Due Process In State Farm, Martha T. Mccluskey

Buffalo Law Review

This essay takes a step toward building a story of economic class in U.S. constitutional law, as part of a special essay issue of the Buffalo Law Review developed from a series of workshops titled ClassCrits: Toward a Critical Analysis of Economic Inequality, sponsored by the Baldy Center for Law and Social Policy at the University at Buffalo. The essay focuses on the 2003 U.S. Supreme Court decision in State Farm Mutual Insurance Co. v. Campbell, one of a series of recent cases using the due process clause of the 14th Amendment to limit punitive damage awards against corporate defendants …


Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer Dec 2008

Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer

Buffalo Law Review

No abstract provided.


Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe Dec 2008

Short Notes On Teaching About The Micro-Politics Of Class, With Examples From Torts And Employment Law Casebooks, Susan Carle, Michelle Lapointe

Buffalo Law Review

No abstract provided.


Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope Dec 2008

Class Conflicts Of Law I: Unilateral Worker Lawmaking Versus Unilateral Employer Lawmaking In The U.S. Workplace, James Gray Pope

Buffalo Law Review

No abstract provided.


Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley Dec 2008

Race And Class: More Than A Liberal Paradox, Maria Grahn-Farley

Buffalo Law Review

No abstract provided.


Human Rights And Powerlessness: Pathologies Of Choice And Substance, Makau Mutua Dec 2008

Human Rights And Powerlessness: Pathologies Of Choice And Substance, Makau Mutua

Journal Articles

The human rights corpus is a bundle of pathologies of choice and substance. But these pathologies are ideologically driven and inhere in the human rights movement because of the political choices and biases that are part of the cultural universe of human rights. In particular, the corpus is captive to thin notions of human rights that tend not to challenge deeply embedded social and economic assumptions and systems. The historical narrative of the human rights movement closely parallels the hegemonic rise of the West and hence the movement’s imprisonment in an intellectual project that casts the human being in the …


The Opinion Volume 46 Issue 3 – November 1, 2008, The Opinion Nov 2008

The Opinion Volume 46 Issue 3 – November 1, 2008, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 01, 2008


Back Cover, Ub Law Forum Oct 2008

Back Cover, Ub Law Forum

UB Law Forum

No abstract provided.


On The Scene At Guantanamo, Ub Law Forum Oct 2008

On The Scene At Guantanamo, Ub Law Forum

UB Law Forum

No abstract provided.


Permanent Injunctions In Patent Cases, Dariush Keyhani Oct 2008

Permanent Injunctions In Patent Cases, Dariush Keyhani

Buffalo Intellectual Property Law Journal

No abstract provided.


Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure Oct 2008

Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure

Buffalo Intellectual Property Law Journal

No abstract provided.


Protection Of Trademarks And Geographical Indications, Inessa Shalevich Oct 2008

Protection Of Trademarks And Geographical Indications, Inessa Shalevich

Buffalo Intellectual Property Law Journal

No abstract provided.


Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez Oct 2008

Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez

Buffalo Intellectual Property Law Journal

No abstract provided.


The Opinion Volume 46 Issue 2 – October 1, 2008, The Opinion Oct 2008

The Opinion Volume 46 Issue 2 – October 1, 2008, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 01, 2008


In Search Of Sub-National Constitutionalism, James A. Gardner Sep 2008

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …


Trial And Error: Examining Erisa § 514(A) Preemption Of Employer "Fair Share" Laws In The Aftermath Of Golden Gate Restaurant Association V. City And County Of San Francisco, Daniel Ranellone Sep 2008

Trial And Error: Examining Erisa § 514(A) Preemption Of Employer "Fair Share" Laws In The Aftermath Of Golden Gate Restaurant Association V. City And County Of San Francisco, Daniel Ranellone

Buffalo Public Interest Law Journal

No abstract provided.


Big Food's Trip Down Tobacco Road: What Tobacco's Past Can Indicate About Food's Future, Joshua Logan Pennel Sep 2008

Big Food's Trip Down Tobacco Road: What Tobacco's Past Can Indicate About Food's Future, Joshua Logan Pennel

Buffalo Public Interest Law Journal

No abstract provided.


Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes Sep 2008

Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes

Buffalo Public Interest Law Journal

No abstract provided.


Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay Sep 2008

Election Day Challenges To Polling Hours And The Judiciary's Cautious Response, Robert C. O'Brien, Amy Borlund, John Kay

Buffalo Public Interest Law Journal

No abstract provided.


National Security, Policing, And The Fourth Amendment: A New Perspective On Hiibel, Evan N. Turgeon Sep 2008

National Security, Policing, And The Fourth Amendment: A New Perspective On Hiibel, Evan N. Turgeon

Buffalo Public Interest Law Journal

No abstract provided.


Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein Sep 2008

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger Sep 2008

Empowering Victims, Opening Borders Preventing Human Trafficking By Adjusting Immigration Laws To Accommodate The Supply And Demand Of Migrant Workers, Julie Krüger

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Evaluating Legal Activism: A Response To Rosenberg, Dara E. Purvis Sep 2008

Evaluating Legal Activism: A Response To Rosenberg, Dara E. Purvis

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Opinion Volume 46 Issue 1 – September 1, 2008, The Opinion Sep 2008

The Opinion Volume 46 Issue 1 – September 1, 2008, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 01, 2008