Law Commons^™

Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault

Buffalo Law Review

No abstract provided.

Stability, Integration And Political Modalities: Some American Reflections On The European Project After The Financial Crisis, David A. Westbrook

Contributions to Books

Published as Chapter 22 in Making Transnational Law Work in the Global Economy: Essays in Honour of Detlev Vagts, Pieter H. F. Bekker, Rudolf Dolzer & Michael Waibel, eds.

To those of us concerned with transnational law, and especially the role of German law on the global stage, it does not need saying that Professor Detlev Vagts is highly deserving of that Germanic and traditional scholarly honour, a Festchrift. (In this context, ‘does not need saying’ of course means ‘should be said repeatedly’.) We all owe Detlev Vagts, and as a Germanic traditionalist, I would be delighted to contribute to …

Safety Standards And Indigenous Products: What Role For Traditional Knowledge?, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 8 in International Economic Law and National Autonomy, Meredith Kolsky Lewis & Susy Frankel, eds.

Indigenous communities have used native plants as foods and for medicinal purposes for thousands of years. Some of these indigenous products have proven sufficiently popular that individuals outside the indigenous community have sought to consume, purchase and market them. In certain instances, new products have been derived from the indigenous plant and sold outside the indigenous community. In other cases, the indigenous product has been exported in its original form, but utilized in non-traditional ways in the export market. In recent years, …

Hidden In Plain View: Legal Geography From A Visual Perspective, Irus Braverman

Journal Articles

Law, with a capital “L” at least, is not particularly fond of hiding itself. In order to be effective, law must be asserted in the world; it must be acknowledged; and, most importantly, it must be visually seen. Why, then, would law hide itself in space? And, perhaps more importantly, how would it do so? And why would such hidden places of law be of importance to us? This paper explores the dual project of seeing and concealing within the context of legal geography. It examines how law sees the physical landscape and how it is seen from a spatial …

The Missouri River: Law, Politics, And Creatures Caught In The Conflicts, Brook A. Spear

Buffalo Environmental Law Journal

No abstract provided.

The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond, Lin Feng, Jason Buhi

Buffalo Environmental Law Journal

No abstract provided.

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Buffalo Environmental Law Journal

No abstract provided.

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Journal Articles

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …

A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin

Buffalo Public Interest Law Journal

No abstract provided.

A Parent's Choice V. Governmental Regulations: A Bioethical Analysis In An Era Of Preimplantation Genetic Diagnosis, Michael Gortakowski

Buffalo Public Interest Law Journal

No abstract provided.

"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs, Leonore F. Carpenter

Buffalo Public Interest Law Journal

No abstract provided.

"Ordinary Citizens" Or A License To Kill? The Turn To Law In Regulating Britain's Intelligence Services, Simon Chesterman

Buffalo Public Interest Law Journal

No abstract provided.

The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin

Buffalo Public Interest Law Journal

No abstract provided.

Rape Victims As Mockingbirds: A Law And Linguistics Analysis Of Cross-Examination Of Rape Complainants, Sara D. Schotland

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Real Work: Domestic Workers' Exclusion From The Protections Of Labor Laws, Lisa Diaz-Ordaz

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Problems At Daubert: Expert Testimony In Title Vii Sex Discrimination And Sexual Harassment Litigation, Harriet M. Antczak

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Revisiting The Role Of The Psychological Parent In The Dissolution Of The Homosexual Relationship, Caroline L. Kinsey

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Adding Force Behind Military Sexual Assault Reform: The Role Of Prosecutorial Discretion In Ending Intra-Military Sexual Assault, Mitsie Smith

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Of Shrines, Memorials And Museums: Using The International Criminal Court's Victim Reparation And Assistance Regime To Promote Transitional Justice, Frédéric Mégret

Buffalo Human Rights Law Review

This article reviews and critically assesses the Rome Statute's complex victim reparation and assistance regime. The regime is a dual one, characterized by its reliance both on reparations ordered by the International Criminal Court and assistance provided by the Trust Fund for Victims. Both approaches raise a series of quantitative, qualitative, scope and contextual problems which are very imperfectly answered at present. In particular, there is a risk that the broader needs of transitional justice will be omitted as falling neither under "reparations" or "assistance." Rather than address the issue of the best reparations/assistance regime in the abstract, this article …

What Should Organized Human Rights Activism In Africa Become? Contributory Insights From A Comparison Of Ngos And Labor-Led Movements In Nigeria, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

What, if anything, might the significantly greater success of Labor-led human rights movements in Nigeria, as compared to the performance of the self-described human rights NGOs that also operate in that country, tell us about the ways to optimize organized human rights activism in Nigeria, and perhaps in the rest of the African continent? This is the central question that animates this article. After a review of the character of and modes of struggle employed by, both kinds of human rights groups, the article argues that the important institutional and conceptual differences that exist between Labor and the NGOs explain …

Reevaluating Self-Determination In A Post-Colonial World, Joshua Dilk

Buffalo Human Rights Law Review

No abstract provided.

In Land We Trust': The Endorois' Communication And The Quest For Indigenous Peoples' Rights In Africa, Korir Sing' Oei A., Jared Shepherd

Buffalo Human Rights Law Review

This article examines Communication 276/2003, Center for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, argued before the African Commission on Human and Peoples' Rights. The Endorois Communication is one of the first indigenous rights claims to be examined by an international body after the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.

This article begins by placing the Communication within the context of the international indigenous rights movement. The authors then explore the Commission's historical use of Articles 60 and 61 of the African Charter …

The Analogy Between Piracy And Human Trafficking: A Theoretical Framework For The Application Of Universal Jurisdiction, Miriam Cohen

Buffalo Human Rights Law Review

Universal jurisdiction is a doctrine by which States can assert jurisdiction over certain clearly circumscribed offenses that occur outside their territory and without any nexus to the nationality of the victim or the alleged perpetrator. The doctrine was originally developed to address piracy that occurred on the high seas. Because piracy occurred across international borders, thus impacting international navigation and commerce, it was seen as a threat to many, if not all nations. The justification for asserting universal jurisdiction over piracy was primarily based on the locus of the crime, its effect on many States, and its alleged heinous nature. …

Just War In International Law: An Argument For A Deontological Approach To Humanitarian Law, Ryan Dreveskracht

Buffalo Human Rights Law Review

No abstract provided.