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2009

University at Buffalo School of Law

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Articles 1 - 30 of 110

Full-Text Articles in Law

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead Dec 2009

Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead

Buffalo Law Review

No abstract provided.


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Dec 2009

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Buffalo Law Review

No abstract provided.


Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut Dec 2009

Recusal And Recompense: Amending New York Recusal Law In Light Of The Judicial Pay Raise Controversy, Jeffrey T. Fiut

Buffalo Law Review

No abstract provided.


Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia Dec 2009

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia

Buffalo Law Review

No abstract provided.


On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel Dec 2009

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

Journal Articles

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 Opinion Volume 47 Issue 2 – November 1, 2009, The Opinion Nov 2009

The Opinion Volume 47 Issue 2 – November 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 01, 2009


Roger K. Newman's The Yale Biographical Dictionary Of American Law (Book Review), John Henry Schlegel Nov 2009

Roger K. Newman's The Yale Biographical Dictionary Of American Law (Book Review), John Henry Schlegel

Book Reviews

No abstract provided.


Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey, Makau Wa Mutua Nov 2009

Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey, Makau Wa Mutua

Book Reviews

This review of Mary Dudziak’s hugely important book contends that the author conflates the struggle for civil rights in the United States with the struggle for black majority rule in Kenya. While the two struggles are linked by white domination and the quest for blacks to free themselves from that domination, the book fails to interrogate and contextualize the limitations of equal protection norms for minorities in two vastly different political milieus. Dudziak does not problematize Thurgood Marshall’s blind insistence that the independence Kenyan constitution accord the economically dominant and oppressive white minority in colonial Kenya the same equal protections …


Uprooting Identities: The Regulation Of Olive Trees In The Occupied West Bank, Irus Braverman Nov 2009

Uprooting Identities: The Regulation Of Olive Trees In The Occupied West Bank, Irus Braverman

Journal Articles

The Israeli/Palestinian conflict has rarely been associated with trees in the common perception. This article reveals the complex historical and cultural processes that have led to strong identification between the olive tree and the Palestinian people, arguing that this identification is not only a reflection of the olive’s unique economic and cultural status in this region but also an act of resistance to Israel’s occupation. The article also explains how Israel’s tightening of surveillance, practiced in the name of olive protection, actually ends up forcing an alien set of spatial and temporal regimes on the everyday life of Palestinians in …


The Opinion Volume 47 Issue 1 – October 1, 2009, The Opinion Oct 2009

The Opinion Volume 47 Issue 1 – October 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October, 1, 2009


Dorothy Kenyon And The Making Of Modern Legal Feminism, Samantha Barbas Oct 2009

Dorothy Kenyon And The Making Of Modern Legal Feminism, Samantha Barbas

Journal Articles

No abstract provided.


From Paradox To Subsidiarity: The United States And Human Rights Treaty Bodies, Tara J. Melish Sep 2009

From Paradox To Subsidiarity: The United States And Human Rights Treaty Bodies, Tara J. Melish

Contributions to Books

Published as Chapter 8 in The Sword and the Scales: The United States and International Courts and Tribunals, Cesare P.R. Romano, ed.

It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise supervisory jurisdiction over the U.S. human rights record. Contrary to popular perception that the U.S. thumbs its nose at these bodies, the U.S. in fact engages quite actively with their human rights procedures.

To untangle …


The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz Sep 2009

The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz

Buffalo Public Interest Law Journal

No abstract provided.


Independent Contractor Or Employee? Misclassification Of Workers And Its Effect On The State, Jenna Amato Moran Sep 2009

Independent Contractor Or Employee? Misclassification Of Workers And Its Effect On The State, Jenna Amato Moran

Buffalo Public Interest Law Journal

No abstract provided.


Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz Sep 2009

Technical Standards For Admission To Medical School: Deaf Candidates Don't Get No Respect, Michael Schwartz

Buffalo Public Interest Law Journal

No abstract provided.


A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell Sep 2009

A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell

Buffalo Public Interest Law Journal

No abstract provided.


Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster Sep 2009

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.


Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman Sep 2009

Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle Sep 2009

Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein Sep 2009

Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Salience Of Gender In The Choice Of Law Careers In The Public Interest, Cynthia Fuchs Epstein, Hella Winston Sep 2009

The Salience Of Gender In The Choice Of Law Careers In The Public Interest, Cynthia Fuchs Epstein, Hella Winston

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell Sep 2009

We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano Sep 2009

Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg Sep 2009

Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg

Buffalo Journal of Gender, Law & Social Policy

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.


Overcoming Collective Action Failure In The Security Council: Would Direct Regional Representation Better Protect Universal Human Rights?, Noah Bialostozky Sep 2009

Overcoming Collective Action Failure In The Security Council: Would Direct Regional Representation Better Protect Universal Human Rights?, Noah Bialostozky

Buffalo Human Rights Law Review

No abstract provided.


Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung Sep 2009

Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung

Buffalo Human Rights Law Review

When the liberty to freely express oneself is at odds with another's right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom …


From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling Sep 2009

From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling

Buffalo Human Rights Law Review

No abstract provided.


Rights And Duties Of Minorities In A Context Of Post-Colonial Self-Determination: Basques And Catalans In Contemporary Spain, Jorge Martínez Paoletti Sep 2009

Rights And Duties Of Minorities In A Context Of Post-Colonial Self-Determination: Basques And Catalans In Contemporary Spain, Jorge Martínez Paoletti

Buffalo Human Rights Law Review

No abstract provided.


Sexual Identity As A Fundamental Human Right, Anthony R. Reeves Sep 2009

Sexual Identity As A Fundamental Human Right, Anthony R. Reeves

Buffalo Human Rights Law Review

No abstract provided.