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2012

University at Buffalo School of Law

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Articles 1 - 30 of 90

Full-Text Articles in Law

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin Dec 2012

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.


Ferlinghetti On Trial: The Howl Court Case And Juvenile Delinquency, Joel E. Black Dec 2012

Ferlinghetti On Trial: The Howl Court Case And Juvenile Delinquency, Joel E. Black

Journal Articles

In spring 1957 the Juvenile Division of the San Francisco Police Department seized copies of Howl and charged the poem's publisher, Lawrence Felinghetti, with obscenity. Tried in summer 1957 and defended by the American Civil Liberties Union, Ferlinghetti was exonerated by a District Court judge. Scholars typically place the Howl trial at the beginning of a cultural and social revolution that flourished in the 1960s or place it amid the personal lives and rebellions of the actors composing the Beat Generation. However, these treatments do not fully consider the ways the prosecution reflected trends in law, shaped debates over juvenile …


Creating A Child-Friendly Child Welfare System: Effective Early Intervention To Prevent Maltreatment And Protect Victimized Children, Elizabeth Bartholet Dec 2012

Creating A Child-Friendly Child Welfare System: Effective Early Intervention To Prevent Maltreatment And Protect Victimized Children, Elizabeth Bartholet

Buffalo Law Review

No abstract provided.


Pie In The Sky: Cloud Computing Brings An End To The Professional Paradigm In The Practice Of Law, Kenneth L. Bostick Dec 2012

Pie In The Sky: Cloud Computing Brings An End To The Professional Paradigm In The Practice Of Law, Kenneth L. Bostick

Buffalo Law Review

No abstract provided.


The Analytic Classroom, Todd E. Pettys Dec 2012

The Analytic Classroom, Todd E. Pettys

Buffalo Law Review

No abstract provided.


Urban Politics And The Assimilation Of Immigrant Voters, Rick Su Dec 2012

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

Journal Articles

Despite the growing strength of immigrant voters in the U.S., immigrants continue to participate at the polls in much lower rates than not only native voters, but also immigrants in the past. What accounts for this disparity? Looking beyond the characteristics of the immigrants themselves, this essay argues that a major reason lies in the different political structure that immigrants face upon their arrival, especially at the local level. Tracing the evolution of big city politics alongside, and in response to, the three major waves of foreign immigration to the U.S., this essay outlines three competing models of immigrant political …


Piety And Profession: Simon Greenleaf And The Case Of The Stillborn Bowdoin Law School, 1850–1861, Alfred S. Konefsky Dec 2012

Piety And Profession: Simon Greenleaf And The Case Of The Stillborn Bowdoin Law School, 1850–1861, Alfred S. Konefsky

Journal Articles

In 1850, Bowdoin College turned to former Harvard professor Simon Greenleaf when it sought to establish a law school. Although the school did not materialize, Greenleaf wrote a remarkable report that reveals anxieties about the profession, competing visions of legal education, and controversies over the meaning of the science of law in antebellum New England.


A Palace Full Of Wetlands Enthusiasts, Kim Diana Connolly Dec 2012

A Palace Full Of Wetlands Enthusiasts, Kim Diana Connolly

Other Scholarship

No abstract provided.


Achieving A Free Trade Area Of The Asia-Pacific: Does The Tpp Present The Most Attractive Path?, Meredith Kolsky Lewis Nov 2012

Achieving A Free Trade Area Of The Asia-Pacific: Does The Tpp Present The Most Attractive Path?, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 15 in The Trans-Pacific Partnership : A Quest for a Twenty-First Century Trade Agreement, C.L. Lim, Deborah K. Elms & Patrick Low, eds.

This chapter examines the prospects for the Trans-Pacific Partnership (TPP) to expand into a Free Trade Area of the Asia-Pacific (FTAAP). It does so by comparing the TPP to other potential models for Asian economic integration, and by identifying what factors might enhance or diminish the possibility of the TPP serving as the FTAAP model.

First, the chapter briefly traces the history of the TPP and its linkage to a potential FTAAP. Second, it …


A Tale Of Two Zoos, Irus Braverman Nov 2012

A Tale Of Two Zoos, Irus Braverman

Journal Articles

This short piece tells the story of the Israeli occupation through the relationship between two zoos: the Biblical Zoo in Jerusalem and the Qalqilya Zoo in the West Bank. Despite the insistence by all interviewees that the zoos’ animals exist beyond the contentious politics of this place, this essay demonstrates that the two zoos are deeply entangled in hegemonic relations. The Israelis have the animals, the professional means, and the education. And as they give, take, and educate their Palestinian counterparts, they also create and enforce the proper conservation standards, thereby controlling the meaning of care for zoo animals, both …


Commentary: Pleau-Sharing, Jonah J. Horwitz Nov 2012

Commentary: Pleau-Sharing, Jonah J. Horwitz

The Docket

In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.


Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller Nov 2012

Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller

Journal Articles

No abstract provided.


Problematique, David A. Westbrook Nov 2012

Problematique, David A. Westbrook

Other Scholarship

No abstract provided.


Zooveillance: Foucault Goes To The Zoo, Irus Braverman Sep 2012

Zooveillance: Foucault Goes To The Zoo, Irus Braverman

Journal Articles

The last three decades have witnessed a dramatic shift in the governance of North American zoo animals. During this period, captive animal administration has transformed from a materially, geographically, and technologically limited enterprise - focused on the control of individual zoo animals within specific institutions - into an ambitious collective project that encompasses all accredited North American zoos and that governs more than a million zoo animals. Tapping into a sophisticated voluntary and collaborative self-monitored administration, zoos have been able to rely upon genetics and demography to achieve the ultimate goal of captive animal conservation. This essay frames this story …


Motivations For Law Student Pro Bono: Lessons Learned From The Tuscaloosa Tornado, Kelly Alison Behre Sep 2012

Motivations For Law Student Pro Bono: Lessons Learned From The Tuscaloosa Tornado, Kelly Alison Behre

Buffalo Public Interest Law Journal

After a tornado devastated Tuscaloosa, Alabama, on April 27, 2011, law students at the University of Alabama organized and engaged in substantial legal and nonlegal service. Narratives from these students in the midst of their volunteer efforts reveal detailed accounts of their experiences and motivations for their service. In a time in which national law student pro bono rates remain low and law students continue to lose interest in social justice issues during their time in law school, these student narratives offer insight into why law students chose to volunteer through the lens of students who rose to the occasion …


Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura Sep 2012

Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura

Buffalo Public Interest Law Journal

No abstract provided.


The Ngo-Isation Dilemma: International Cooperation, Grassroots Relations, And Government Action From An Accountability Perspective: A Case Study Of Colombian Migration Ngos And The National System Of Migration, Lina Buchely Sep 2012

The Ngo-Isation Dilemma: International Cooperation, Grassroots Relations, And Government Action From An Accountability Perspective: A Case Study Of Colombian Migration Ngos And The National System Of Migration, Lina Buchely

Buffalo Public Interest Law Journal

This paper summarizes the results of a case study examining policy advocacy activities developed by the Fundaci6n Esperanza (Hope Foundation) and the Plataforma Social HERMES (HERMES Social Platform) in support of Colombian Draft Law 070 of 2009 (creation of a National System for Migration and other regulations). It maps the actors and interests involved in efforts taking place between February and May 2010 to promote public policy in the field. The conclusion drawn from this research is that there are at least three ways of highlighting the relationships between civil society actors, government servants, grassroots and international cooperation agencies in …


Jack The Ripper Lives On… The Need To Recognize Prostitutes As Domestic Violence Victims, Luisa Johnson Sep 2012

Jack The Ripper Lives On… The Need To Recognize Prostitutes As Domestic Violence Victims, Luisa Johnson

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Federal Fortress Surrounding Police Liability For Failure To Enforce Protection Orders, Stephanie Smiertka Sep 2012

The Federal Fortress Surrounding Police Liability For Failure To Enforce Protection Orders, Stephanie Smiertka

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain Sep 2012

Socio-Economic Status And Legal Factors Affecting African American Fathers, Herbert Fain, Kimberly Fain

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier Sep 2012

Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


In Search Of Federal Remedies For Lgbtq Students Who Are Victims Of Assault And Harassment In School, Jerry Foxhoven Sep 2012

In Search Of Federal Remedies For Lgbtq Students Who Are Victims Of Assault And Harassment In School, Jerry Foxhoven

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure Sep 2012

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Buffalo Human Rights Law Review

No abstract provided.


Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana Sep 2012

Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana

Buffalo Human Rights Law Review

No abstract provided.


Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl Sep 2012

Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl

Buffalo Human Rights Law Review

The Spanish version of the case law of the Inter-American Court of Human Rights often states that this tribunal's as- sessment of evidence is ruled by saia crilica, a notion which has received several translations in the English ver- sion of the Court's case law. This concept has a clear mean- ing in the Hispanic civil law tradition. Sana critica is a system for evaluating the weight of evidence whereby a court or tribunal is not constrained by the evidentiary rules of legal proo but must judge in accordance with the rules of logic and experience, and state the grounds …


Jurisdiction Over American Private Military Contractors: The Illusion Of A Loophole In The Law And The Reality Of No Oversight, Ryan Larose Sep 2012

Jurisdiction Over American Private Military Contractors: The Illusion Of A Loophole In The Law And The Reality Of No Oversight, Ryan Larose

Buffalo Human Rights Law Review

No abstract provided.


Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman Sep 2012

Checkpoint Watch: Bureaucracy And Resistance At The Israel/Palestinean Border, Irus Braverman

Journal Articles

This essay sketches my personal impressions of the changes that have occurred over the last decade in Israeli checkpoints in and around Jerusalem. These changes are both in the physical design of the checkpoints as well as in their human management. My particular focus is on the women’s human rights organization MachsomWatch. The role of MachsomWatch has changed in a way that parallels the solidification and the bureaucratization of the border. Nowadays, MachsomWatch women - originally avid protestors of the Israeli occupation of the West Bank - have, despite themselves, become a routine feature in the occupational apparatus. This essay’s …


Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney Aug 2012

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Buffalo Law Review

No abstract provided.


A Union Of Amateurs: A Legal Blueprint To Reshape Big-Time College Athletics, Nicholas Fram, T. Ward Frampton Aug 2012

A Union Of Amateurs: A Legal Blueprint To Reshape Big-Time College Athletics, Nicholas Fram, T. Ward Frampton

Buffalo Law Review

No abstract provided.


The Role Tax Preparers Play In Taxpayer Compliance: An Empirical Investigation With Policy Implications, Sagit Leviner Aug 2012

The Role Tax Preparers Play In Taxpayer Compliance: An Empirical Investigation With Policy Implications, Sagit Leviner

Buffalo Law Review

No abstract provided.