Buffalo Law Review最新文献

{"title":"A New Agenda for the Cultural Study of Law: Taking on the Technicalities","authors":"Annelise Riles","doi":"10.2139/SSRN.558605","DOIUrl":"https://doi.org/10.2139/SSRN.558605","url":null,"abstract":"This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists have often conceded. The article's concrete focus is the nature of relations of means and ends in the Realist Revolution, as exemplified by the field of Conflicts, and the quiet but fundamental transformation of the character of those relations in mid and late-twentieth century legal knowledge.","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"53 1","pages":"973-1033"},"PeriodicalIF":0.5,"publicationDate":"2004-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.558605","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67763260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Jackson Portrait for Jamestown, 'A Magnet in the Room'","authors":"J. Barrett","doi":"10.2139/SSRN.350305","DOIUrl":"https://doi.org/10.2139/SSRN.350305","url":null,"abstract":"Robert Houghwout Jackson (1892-1954) was Solicitor General and Attorney General in the administration of President Franklin D. Roosevelt, an Associate Justice of the Supreme Court and chief American prosecutor at Nuremberg, but Jackson's values and outlook were anchored in western New York, where he grew up and then practiced law for twenty years before joining the New Deal. Jackson also had, throughout his adult life, particularly close ties to the city of Buffalo, the University of Buffalo and its School of Law. Today, Jackson's enduring significance is becoming increasingly visible due to notable efforts based in his home region and adult hometown of Jamestown, New York. In early 2001, the Robert H. Jackson Center was established in Jamestown - and on the web - to advance Jackson's legacy through educational programming, exhibitry and special events that connect his life and ideas to today's issues and challenges. This essay, based on remarks that were delivered at the July 2002 Jackson Center dedication of Justice Jackson's portrait, discusses his own participation in tribute and dedication events, his various portraits that are displayed in locations throughout the country, and the magnetic power of great people and their depictions. An image of the portrait of Jackson by painter Lurabel Long Colburn will be published alongside this essay.","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"50 1","pages":"809"},"PeriodicalIF":0.5,"publicationDate":"2003-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68599653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"'The Most Glorious Story of Failure in the Business:' the Studebaker-Packard Corporation and the Origins of Erisa","authors":"J. Wooten","doi":"10.2139/SSRN.290812","DOIUrl":"https://doi.org/10.2139/SSRN.290812","url":null,"abstract":"The Studebaker-Packard Corporation occupies a distinctive place in the lore of the Employee Retirement Income Security Act of 1974. No single event is more closely associated with ERISA than the shutdown of the Studebaker plant in South Bend, Indiana. Soon after the plant closed in December 1963, Studebaker terminated the retirement plan for hourly workers, and the plan defaulted on its obligations. The plight of Studebaker employees quickly emerged as a symbol of the need for pension reform. This article examines the history of the Studebaker-Packard Corporation to understand why and how the shutdown came to play a role in the political history of ERISA. Briefly, the shutdown played an important role in pension reform because the United Auto Workers union was prepared to take advantage of the political opportunity the shutdown created. By the time the plant closed, the UAW was well aware that \"default risk\" - the risk that a pension plan will terminate without enough funds to meet its obligations - threatened union members. Studebaker-Packard had terminated the retirement plan for employees of the former Packard Motor Car Company in 1958. Packard workers got even less than their counterparts at Studebaker would receive in 1964. The Packard termination convinced UAW president Walter Reuther that the union needed to protect its members from default risk. In the early 1960s, the UAW devised a remedy - a proposal for \"pension reinsurance\" - that is a precursor of the termination-insurance program created by Title IV of ERISA. The Studebaker shutdown gave the union an opportunity to move default risk and termination insurance onto the legislative agenda. The success of this effort in agenda-setting indelibly linked Studebaker to the cause of pension reform.","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"49 1","pages":"683-739"},"PeriodicalIF":0.5,"publicationDate":"2001-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68427466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Braking the Merger Momentum: Reforming Corporate Law Governing Mega-Mergers","authors":"James A. Fanto","doi":"10.2139/SSRN.223149","DOIUrl":"https://doi.org/10.2139/SSRN.223149","url":null,"abstract":"This paper articulates a legal reform that is designed to rein in the number of value-decreasing stock-for-stock mega-mergers--the signature transaction of the 1990s and the beginning years of the new millenium--by causing board members to question more critically a mega-merger proposal when they are asked to approve it and even to continue to reevaluate their approval of a merger until its closing. The Article first describes the current merger wave and highlights reports of emerging problems in mega-mergers and the relevant economic data indicating that a majority of the transactions are value-decreasing for shareholders both in the short and long term. It next examines why these transactions are occurring and why they have been little criticized, focusing on their economic and business justifications, the recognizable psychological tendencies (exacerbated in today's merger climate) affecting chief executives, board members and investors and motivating them to propose and approve the transactions, and the journalistic celebration of (and a general political silence on) the mega-mergers. The paper then analyzes the legal foundations of the mega-mergers and observes that merger jurisprudence developing from cases involving hostile takeovers encouraged (i) management to engage in (and boards to approve with little court review) stock-for-stock mega-mergers and (ii) the corporate law bar to reinforce contractual provisions in merger agreements intended to \"tie the hands\" of boards that enter into the mergers. Finally, the paper proposes a new intermediate standard of court review of board decisions approving stock-for-stock mega-mergers, which should produce a new standard of board conduct in these transactions, addresses several possible criticisms of the standard, and advocates additional nonlegal and legal reforms that would make the standard more effective.","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"205 1","pages":"249"},"PeriodicalIF":0.5,"publicationDate":"2000-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68011805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What Makes 'Model' Sexual Offenses - A Canadian Perspective","authors":"C. Boyle","doi":"10.1525/nclr.2000.4.1.487","DOIUrl":"https://doi.org/10.1525/nclr.2000.4.1.487","url":null,"abstract":"This paper, originally presented at a conference on the US Model Penal Code, discusses how Canadian reform of the law of sexual assault could contribute to a new Model Code. While criteria for \"modelness\" are elusive, model offenses must at least be consistent with constitutional norms and concerns about legality, such as fair notice. Equality rights should not be neglected. The author discusses both Canadian efforts to make sexual assault law egalitarian and criticism of such efforts. More generally, in the context of a body of law generating significant controversy, a model law should contain a clear articulation of what its framers appeal to for legitimacy. Concern is expressed that one way of seeking legitimacy while not addressing the problem of crimes against distinctively victimized and marginalized groups is to satisfy dominant concerns while adopting a posture of embattled and principled constraint. Claims to restraint or balance should not mask a political perspective antagonistic to the equality interests of vulnerable groups. Specific issues are addressed: should model sexual assault offenses be gender neutral; should there be any relationship immunity; what is the appropriate scope of criminal behavior; and what are the appropriate controls on fact determination?","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"4 1","pages":"487"},"PeriodicalIF":0.5,"publicationDate":"2000-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1525/nclr.2000.4.1.487","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66876542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The legal bounds of physician conduct hastening death.","authors":"N L Cantor, G C Thomas","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"48 1","pages":"83-173"},"PeriodicalIF":0.5,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22359356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Localism and Regionalism","authors":"Richard Briffault","doi":"10.2139/SSRN.198822","DOIUrl":"https://doi.org/10.2139/SSRN.198822","url":null,"abstract":"Localism and regionalism are normally seen as conflicting, conceptions of metropolitan area governance. Localism is the belief that the existing system of a large number of relatively small governments wielding power over such critical matters as land use regulation, local taxation, and the financing of local public services ought to be preserved. Regionalism would move some power to institutions, organizations or procedures with a larger territorial scope and more population than existing local governments. Regionalism appears to be a step towards centralization, and the antithesis of the decentralization represented by localism. Yet, in the metropolitan areas that dominate America at the end of the twentieth century, regionalism is not just the enemy of localism: It is also localism's logical extension. Localism is based on a set of arguments concerning the role of local governments in promoting governmental efficiency, democracy, and community. But in contemporary metropolitan areas, the economically, socially, and ecologically relevant local area is often the region. In these areas, concerns about efficiency, democracy, and community ought to lead to a shift in power from existing localities to new processes, structures, or organizations that can promote decision-making on behalf of the region. Regionalism is, thus, localism for metropolitan areas. Localists, however, do not become regionalists when they live in metropolitan areas. Indeed, resistance to regionalism is intense in many metropolitan areas. Localism is not simply a theory intended to advance certain normative goals. It is also a means of protecting the interests of those who receive advantages from the existing governance structure. Local self-interest, rather than the political values localism is said to advance, plays a central role in the opposition to regionalism. This essay explores the relationship between localism and regionalism. It considers the meaning of regionalism in contemporary urban policy debates and the reasons why regionalism currently enjoys so much attention from academics, urbanists and policy analysts. It reviews the arguments for localism, and explains how, despite the asserted conflict between localism and regionalism, the theories underlying localism actually make a case for regionalism in contemporary metropolitan areas. Finally, it examines the role of local self-interest in the resistance to regionalism, and the efforts of regionalists to respond by making the case for regionalism in terms of local self-interest as well.","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"48 1","pages":"1"},"PeriodicalIF":0.5,"publicationDate":"1999-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67832438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G. [1990]","authors":"L. White","doi":"10.4324/9780429500480-23","DOIUrl":"https://doi.org/10.4324/9780429500480-23","url":null,"abstract":"","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"38 1","pages":"404-428"},"PeriodicalIF":0.5,"publicationDate":"1990-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70618523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Destruction of Community","authors":"Richard Lewis","doi":"10.4324/9780203218334-11","DOIUrl":"https://doi.org/10.4324/9780203218334-11","url":null,"abstract":"","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"35 1","pages":"365"},"PeriodicalIF":0.5,"publicationDate":"1986-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70580897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Civil Rights and the Limits of Law","authors":"P. Freund","doi":"10.4159/harvard.9780674332461.c4","DOIUrl":"https://doi.org/10.4159/harvard.9780674332461.c4","url":null,"abstract":"","PeriodicalId":51843,"journal":{"name":"Buffalo Law Review","volume":"14 1","pages":"199"},"PeriodicalIF":0.5,"publicationDate":"1964-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70539933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}