Hauptman-Woodward Medical Research Institute
Digital Commons @ University at Buffalo School of LawNot a member yet
8606 research outputs found
Sort by
U.S. Regulatory Regimes and Offshore Energy Production
Get PDFThis paper shows that offshore wind is an emerging key resource that should comprise a greater portion of our national energy fuel mix. Energy security, as a new process of security to our economic and military might in the modern world, has become an intrinsic issue of national security. This paradigm is constrained by the knowledge and experience regarding the harmful effects of producing energy. The harm not only to human health and safety, but also to substantive sections of the respective environment and ecology that is geographically situated in proximity to extraction or production locations. Perhaps the most relevant representation of the potential for harm to human health, safety, and environmental impact is shown through the avoidable 2010 offshore Macondo disaster otherwise known as the Deepwater Horizon.
Environmentalists and environmental agencies have worked tirelessly to achieve an effective environmental regime in the United States. Their efforts have paid dividends with regard to lowering incidents and setting guidelines for maximum dioxide levels in producing energy. Given the recent political shifts in the U.S. that now threaten these advances, this paper responds to this dynamic and engages in a scholarly review and commentary on existing policy
Privacy and the Right to One’s Image: A Cultural and Legal History
Get PDFPublished as Chapter 9 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.https://digitalcommons.law.buffalo.edu/book_sections/1364/thumbnail.jp
Chairs, Stairs, and Automobiles: The Cultural Construction of Injuries and the Failed Promise of Law
Get PDFPublished as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.https://digitalcommons.law.buffalo.edu/book_sections/1356/thumbnail.jp
Francesco Palermo & Karl Kössler\u27s Comparative Federalism: Constitutional Arrangements and Case Law (book review)
No full textUnusual: The Death Penalty for Inadvertent Killing
Get PDFCan a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the actual killer. In this Article, we urge the recognition of a new Eighth Amendment norm against executing even actual killers who lack a culpable mental state of at least recklessness, with respect to the victim’s death. Using the methods employed by the Supreme Court for determining “evolving standards of decency,” we survey the pertinent homicide and sentencing laws of the fifty-three criminal law jurisdictions in the United States. Second, we evaluate the facts of the cases that resulted in the nearly five hundred executions that have taken place since 1973, when the post-Furman statutes became operative, and 2016, in those jurisdictions permitting execution for inadvertent killing. We did the same for the facts of the 1755 cases of all death row inmates convicted in those jurisdictions and alive at the time of the study (2016). This analysis shows that capital punishment for inadvertent killing has become “truly unusual,” and therefore, unconstitutional
Active Judicial Governance
Get PDFEvidence marshaled in a new article by Jonathan Marshfield suggests strongly that unlike judges of U.S. federal courts, judges of American state supreme courts both recognize and embrace their role as active participants in the process of indirect popular self-rule. Consequently, they much more willingly serve as active and self-conscious vectors of governance. This is not to say that state judges lack appropriate judicial humility; it is to say merely that they possess a different and more nuanced understanding of the role of courts in American government than some of their federal counterparts
\u3cem\u3eMens Rea\u3c/em\u3e in Comparative Perspective
Get PDFThis Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As a result, jurisdictions without jury trials are better equipped to incorporate attitudinal kinds of mens rea into their criminal laws