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University at Buffalo School of Law

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Articles 61 - 90 of 631

Full-Text Articles in Legal History

The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld Mar 2015

The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld

Journal Articles

No abstract provided.


Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey Jan 2015

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal Articles

For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.

By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …


A Fragment On Legal Innovation, Andrew Tutt Aug 2014

A Fragment On Legal Innovation, Andrew Tutt

Buffalo Law Review

No abstract provided.


Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga Apr 2014

Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga

Buffalo Human Rights Law Review

No abstract provided.


The History Of The American Bar Association Accreditation Standards For Academic Law Libraries, Theodora Belniak Jan 2014

The History Of The American Bar Association Accreditation Standards For Academic Law Libraries, Theodora Belniak

Law Librarian Journal Articles

Using materials from the American Bar Association (ABA), such as annual reports and conference reports as well as other periodical materials, this article reviews the standards used to define academic law libraries from the formation of the ABA to the present and discusses the impact of the standards on the law library as an institution.


Democracy, Solidarity, And The Rule Of Law: Lessons From Athens, Paul Gowder Jan 2014

Democracy, Solidarity, And The Rule Of Law: Lessons From Athens, Paul Gowder

Buffalo Law Review

No abstract provided.


Rethinking Anti-Corruption Reforms: The View From Ancient Athens, Kellam Conover Jan 2014

Rethinking Anti-Corruption Reforms: The View From Ancient Athens, Kellam Conover

Buffalo Law Review

No abstract provided.


The Inauthenticity Of Solon's Law Against Neutrality, David A. Teegarden Jan 2014

The Inauthenticity Of Solon's Law Against Neutrality, David A. Teegarden

Buffalo Law Review

No abstract provided.


What Is The Rule Of Law Good For? Democracy, Development And The Rule Of Law In Classical Athens, Federica Carugati Jan 2014

What Is The Rule Of Law Good For? Democracy, Development And The Rule Of Law In Classical Athens, Federica Carugati

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 …


How The Movies Became Speech, Samantha Barbas Apr 2012

How The Movies Became Speech, Samantha Barbas

Journal Articles

In its 1915 decision in Mutual Film v. Industrial Commission of Ohio, the Supreme Court held that motion pictures were, as a medium, unprotected by freedom of speech and press because they were mere “entertainment” and “spectacles” with a “capacity for evil.” Mutual legitimated an extensive regime of film censorship that existed until the 1950s. It was not until 1952, in Burstyn v. Wilson, that the Court declared motion pictures to be, like the traditional press, an important medium for the communication of ideas protected by the First Amendment. By the middle of the next decade, film censorship in the …


The Origins Of African American Interests In International Law, Henry J. Richardson Iii Sep 2011

The Origins Of African American Interests In International Law, Henry J. Richardson Iii

Buffalo Human Rights Law Review

No abstract provided.


The Opinion Volume 48 Issue 1 – February 1, 2010, The Opinion Feb 2010

The Opinion Volume 48 Issue 1 – February 1, 2010, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February, 1, 2010


Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld Jan 2010

Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld

Book Reviews

No abstract provided.


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


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


A Historical Overview Of The Fair Labor Standards Act, Pamela Newell Jul 2009

A Historical Overview Of The Fair Labor Standards Act, Pamela Newell

Journal Articles

No abstract provided.


Jamie L. Bronstein's Caught In The Machinery: Workplace Accidents And Injured Workers In Nineteenth-Century Britain, Robert J. Steinfeld Apr 2009

Jamie L. Bronstein's Caught In The Machinery: Workplace Accidents And Injured Workers In Nineteenth-Century Britain, Robert J. Steinfeld

Book Reviews

No abstract provided.


The Opinion Volume 46 Issue 6 – April 1, 2009, The Opinion Apr 2009

The Opinion Volume 46 Issue 6 – April 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 01, 2009. Missing Page 5.


The Opinion Volume 46 Issue 5 – March 1, 2009, The Opinion Mar 2009

The Opinion Volume 46 Issue 5 – March 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 01, 2009


The Opinion Volume 46 Issue 4 – February 1, 2009, The Opinion Feb 2009

The Opinion Volume 46 Issue 4 – February 1, 2009, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 01, 2009


The Law Librarian Of The Twentieth And Twenty-First Centuries: A Figuration In Flux, Theodora Belniak Jan 2009

The Law Librarian Of The Twentieth And Twenty-First Centuries: A Figuration In Flux, Theodora Belniak

Law Librarian Journal Articles

Through inspection of scholarly writings of the twentieth and twenty-first centuries, Ms. Belniak articulates the skill sets, knowledge areas, and personality characteristics of the archetypal law librarian over the last one hundred years.


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


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


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


The Opinion Volume 45 Issue 2 – March 1, 2008, The Opinion Mar 2008

The Opinion Volume 45 Issue 2 – March 1, 2008, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 01, 2008


The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky Jan 2008

The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …


Law And Economic Change During The Short Twentieth Century, John Henry Schlegel Jan 2008

Law And Economic Change During The Short Twentieth Century, John Henry Schlegel

Contributions to Books

Published as Chapter 16 in Cambridge History of Law in America, Volume 3: The Twentieth Century and After (1920–), Michael Grossberg & Christopher Tomlins, eds.

The brief recounting of the American economy in the twenties and thirties raises obvious questions about law and economic change. Economic change is the shift from one enacted, in both senses, understanding of economic life to another, in the case of the short twentieth century, from an associationalist economy to an impatient economy. This chapter explicates this economic change, and interrogates it in order to understand the role of law in its occurrence. Despite the …


The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion Dec 2007

The Opinion Volume 45 Issue 1 – December 1, 2007, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 01, 2007


Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld Oct 2007

Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld

Book Reviews

No abstract provided.