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Articles 1 - 13 of 13

Full-Text Articles in Social and Behavioral Sciences

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger Dec 2015

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …


The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew Dec 2015

The Changing Landscape Of Trademark Law In Tinseltown: From Debbie Does Dallas To The Hangover, John Tehranian, Mark Bartholomew

Contributions to Books

This Essay, a chapter published in the book Hollywood and the Law (Palgrave Macmillan / British Film Institute, 2015), explores how courts have sought to balance the competing interests at stake when filmmakers make unauthorized uses of trademarks in their work and brand owners threaten liability for infringement. Using the seminal Rogers v. Grimaldi decision as a key pivot point, the Essay traces the remarkable change in approaches that courts have taken to First Amendment defenses in trademark cases in the past few decades. In presenting case studies of two opinions -- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. …


Personal Responsibility For Systemic Inequality, Martha T. Mccluskey Nov 2015

Personal Responsibility For Systemic Inequality, Martha T. Mccluskey

Contributions to Books

Published as Chapter 15 in Research Handbook on Political Economy and Law, Ugo Mattei & John D. Haskell, eds.

Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in …


Philosophical Inquiry And Social Practice, John Henry Schlegel Jun 2015

Philosophical Inquiry And Social Practice, John Henry Schlegel

Journal Articles

No abstract provided.


Lords And Order: Credible Rulers And State Failure, Matthew Dimick May 2015

Lords And Order: Credible Rulers And State Failure, Matthew Dimick

Journal Articles

Why do states fail? Why do failed states persist without collapsing into complete anarchy? This paper argues that given insurgency or weakened state capacity, rulers may find it best, paradoxically, to reduce the amount of political good it provides as a means of sustaining some amount of their rule. Moreover, although the consequence is political fragmentation and increasing levels of violence, this is not inconsistent with the continuation of attenuated central governance. To evaluate this argument, I select the case of King Stephen’s reign in medieval England. Although far removed historically from contemporary cases of state failure, the reign of …


Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka Apr 2015

Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka

Buffalo Human Rights Law Review

No abstract provided.


The Open Access Advantage In Legal Education’S Age Of Assessment, Elizabeth G. Adelman Jan 2015

The Open Access Advantage In Legal Education’S Age Of Assessment, Elizabeth G. Adelman

Book Reviews

Reviewing James M. Donovan, Carol A. Watson & Caroline Osborne, The Open Access Advantage for American Law Reviews.


No Such Thing As A Free Lunch? Come Visit Suny Buffalo Law School’S Pb&J Bar!, Brian T. Detweiler Jan 2015

No Such Thing As A Free Lunch? Come Visit Suny Buffalo Law School’S Pb&J Bar!, Brian T. Detweiler

Law Librarian Other Scholarship

No abstract provided.


Library Finances 101: Developing Workplace Financial Literacy In Your Staff & Institution (Program Review), Brian T. Detweiler Jan 2015

Library Finances 101: Developing Workplace Financial Literacy In Your Staff & Institution (Program Review), Brian T. Detweiler

Law Librarian Other Scholarship

No abstract provided.


Framing Elite Consensus, Ideology And Theory And A Classcrits Response, Athena D. Mutua Jan 2015

Framing Elite Consensus, Ideology And Theory And A Classcrits Response, Athena D. Mutua

Journal Articles

This short paper, really a thought piece, builds upon the examination begun in the Foreword of the ClassCrits VI Symposium which sought to outline a ClassCrits critique of neoclassical economic principles. It argues that neoliberal practices, theory and ideology, built on the scaffold of neoclassical economic ideas, frame an elite consensus that makes elites feel good but which are ethically, intellectually, and structurally problematic for the social well-being of most Americans. It does so, in part, by chronicling a number of recent practices of large corporations, including for example, the practice of inversion. Again, this paper takes as its specific …


Why Law Matters For Our Obligations, Guyora Binder Jan 2015

Why Law Matters For Our Obligations, Guyora Binder

Journal Articles

Political philosophers have long debated the problem of political and legal obligation: how the existence of a political community and its laws can affect our obligations. This paper applies Alon Harel’s argument that law has intrinsic value to this venerable problem. It interprets Harel’s argument as a Kantian claim that law enables us to treat our fellows with the respect they deserve, by requiring us not only to treat them decently, but to recognize decent treatment as their right.


Three Globalizations: An Essay In Inquiry, John Henry Schlegel Jan 2015

Three Globalizations: An Essay In Inquiry, John Henry Schlegel

Journal Articles

No abstract provided.


Laws Of Image: Privacy And Publicity In America, Samantha Barbas Jan 2015

Laws Of Image: Privacy And Publicity In America, Samantha Barbas

Books

Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …