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Articles 1 - 30 of 631
Full-Text Articles in Legal History
Panic! At The Ballroom: The 1804 New Orleans Ballroom Weapons Ban In A Post-Bruen Context, Kellen Heniford, Kari Still
Panic! At The Ballroom: The 1804 New Orleans Ballroom Weapons Ban In A Post-Bruen Context, Kellen Heniford, Kari Still
Buffalo Law Review
No abstract provided.
The Founders’ Common Law And Bruen’S Text, History, And Tradition Test: From History ‘Lite’ To History Right, Saul Cornell
The Founders’ Common Law And Bruen’S Text, History, And Tradition Test: From History ‘Lite’ To History Right, Saul Cornell
Buffalo Law Review
No abstract provided.
Populist Secularism, Seval Yildirim
Populist Secularism, Seval Yildirim
Journal Articles
This article argues that in the context of a developing democracy, the rise of religiously oriented parties should be viewed contextually as part of an ongoing process of democratic negotiation and consolidation. Using Turkey as a case study, this article argues that religion and secularism are best viewed as parts of a symbiotic relationship, informing each other’s identity, and defining characteristics through an ongoing process of negotiation.
The article discusses commonly used concepts relevant to secularism in general and argues for the need to distinguish between the secular, secularism, and secularization as a governance project. Through a historical survey of …
Consider Buffalo, Pierre Schlag
Dizzying: An Introduction, David A. Westbrook
Dizzying: An Introduction, David A. Westbrook
Buffalo Law Review
No abstract provided.
While Waiting For Capital To Rain, Matthew Dimick
While Waiting For Capital To Rain, Matthew Dimick
Buffalo Law Review
No abstract provided.
The Tragedy Of The (Not So Much In) Common(S), George M. Williams Jr.
The Tragedy Of The (Not So Much In) Common(S), George M. Williams Jr.
Buffalo Law Review
No abstract provided.
On Preparing The Soil For Rain, Errol Meidinger
On Preparing The Soil For Rain, Errol Meidinger
Buffalo Law Review
This Essay examines several possibilities for improving our thinking about the vexing, multifaceted problem of revitalizing languishing regions of the United States. Its jumping-off point is an important work of socio-economiclegal history: While Waiting for Rain: Community, Economy, and Law in a Time of Change, by John Henry Schlegel. The book seeks to understand the steady decline of US regional economies, particularly Buffalo, following a period of relatively high prosperity from World War II through the 1950s; its tandem question is how those economies might be revived. Based on a very full and rich exposition, Schlegel argues that, like farmers …
While Waiting For Virtue: Comments On Schlegel’S While Waiting For Rain, James A. Gardner
While Waiting For Virtue: Comments On Schlegel’S While Waiting For Rain, James A. Gardner
Buffalo Law Review
No abstract provided.
With Thanks And A Note On Causation, John Henry Schlegel
With Thanks And A Note On Causation, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen
Genteel Culture, Legal Education, And Constitutional Controversy In Early Virginia, Matthew J. Steilen
Journal Articles
This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers …
Talking About Talking About Surrogacy, Michael Boucai
Talking About Talking About Surrogacy, Michael Boucai
Buffalo Law Review
No abstract provided.
Isabel Marcus:Activist Scholar, Patricia A. Cain
Isabel Marcus:Activist Scholar, Patricia A. Cain
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
A Grievously Belated Thank You Note, Sanford Levinson
A Grievously Belated Thank You Note, Sanford Levinson
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.
Remembering Isabel, Elizabeth M. Schneider
Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp
Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp
Journal Articles
The Loyola of Los Angeles Law Review is pleased to publish this Festschrift Symposium Honoring Professor Samuel Pillsbury. The following is an edited transcript of the live symposium held at LMU Loyola Law School on Friday, March 25, 2022.
The Story Of Beauharnais V. Illinois, Samantha Barbas
The Story Of Beauharnais V. Illinois, Samantha Barbas
Journal Articles
No abstract provided.
While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel
While Waiting For Rain: Community, Economy, And Law In A Time Of Change, John Henry Schlegel
Books
What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.
While Waiting for Rain first examines the economic history of the United States as well as that …
Humor, A Meditation, John Henry Schlegel
Humor, A Meditation, John Henry Schlegel
Journal Articles
Republished at 47 Dalhousie J.L. 1 (2024).
The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas
The Rise And Fall Of Group Libel: The Forgotten Campaign For Hate Speech Laws, Samantha Barbas
Journal Articles
It is well-known that there is no “hate speech” law in the United States. This has been criticized, especially given the existence of robust hate speech laws in other nations. The absence of hate speech laws in American law has been attributed to legal, cultural, and historical factors, including speech protective First Amendment jurisprudence and long-standing skepticism of group reputation as an interest worthy of legal protection.
This Article presents another reason for the absence of hate speech laws in America: the failure of a large-scale social movement in the 1940s to pass hate speech laws or “group libel” laws, …
Wesley Newcomb Hohfeld: On The Difficulty Of Becoming A Law Professor, John Henry Schlegel
Wesley Newcomb Hohfeld: On The Difficulty Of Becoming A Law Professor, John Henry Schlegel
Contributions to Books
Published as Chapter 18 in Wesley Hohfeld A Century Later: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman & Henry Smith, eds.
Wesley Hohfeld (1879 - 1918) is well known to legal philosophers and to property teachers for his table of fundamental conceptions, a terminological framework for understanding legal doctrine and reasoning. This work was also substantively important for some members of the American Legal Realist movement and Critical Legal Studies. More personally he was part of the generation of law teachers who had to figure out how to become a professional academic in the …
Growing Up Marshall: Life, Legacy & Lessons Learned, John W. Marshall
Growing Up Marshall: Life, Legacy & Lessons Learned, John W. Marshall
Buffalo Law Review
No abstract provided.
Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel
Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel
Book Reviews
No abstract provided.
Our Imperial Federal Courts, Matthew J. Steilen
Our Imperial Federal Courts, Matthew J. Steilen
Journal Articles
This essay is a response to Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74VAND.L.REV.621(2021).
“The article is significant for the archival work alone. It is useful, as well, for the impressive synthesis of the existing secondary literature, collected in the footnotes, which makes a convenient reading list for us mere mortals. The argument of the article is ambitious. As the Table of Contents suggests, its structure is complex: the author asks us to visit three different jurisdictions (two British and one American, each thousands of miles apart), in three different decades, in three different political and …
If The Music Hadn’T Stopped, Or Reflections On The Great Kerfuffle: Historicism’S Continuing Grasp For Truth, John Henry Schlegel
If The Music Hadn’T Stopped, Or Reflections On The Great Kerfuffle: Historicism’S Continuing Grasp For Truth, John Henry Schlegel
Journal Articles
I was pretty indifferent to my undergraduate education, but I hated law school because it was full of things one couldn’t do. One couldn’t use a statute analogically, couldn’t take into account realpolitik when analyzing cases, couldn’t rethink legal education from the bottom up, and it was pretty much “out there” to count votes when predicting case outcomes. Six years later, when in 1973 I came to teach at Buffalo, I experienced a quite different world; there were all sorts of possibilities. The great intellectual kerfuffle that went by many names—structuralism, post-structuralism, postmodernism, even Marxism and Critical Legal Studies (CLS)—burned …
“I Am Better At Narrative Than Analytical History”: Schlegel’S Version Of Intellectual History, G. Edward White
“I Am Better At Narrative Than Analytical History”: Schlegel’S Version Of Intellectual History, G. Edward White
Buffalo Law Review
No abstract provided.