Buffalo Criminal Law Center

Mission
The Buffalo Criminal Law Review, a peer-edited journal published semi-annually by the Buffalo Criminal Law Center at SUNY Buffalo School of Law, was founded in 1997 to advance the Buffalo Criminal Law Center's comprehensive program for the reform of American criminal law teaching, scholarship, and practice by pursuing two interrelated objectives:New Criminal Law Review• to integrate the study of criminal law by serving as an interdisciplinary and international forum for innovative scholarship on crime and punishment, and"Reforming American Penal Law," a detailed discussion of the Criminal Law Center's program, is available on-line, with hyperlinks (in Word) and without (in pdf). It also has been published at 90 J. Crim. L. & Criminology 49 (1999) (click here for a reprint).• to bridge the gap between criminal law scholarship and criminal justice policy by providing legislators, judges, and other criminal justice professionals with in-depth analyses of topical issues in criminal law.
Past Issues of the Buffalo Criminal Law Review
Volume 1, Number 1 (Rethinking Federal Criminal Law)
The Buffalo Criminal Law Review's inaugural issue contains the papers presented at Rethinking Federal Criminal Law, an international conference hosted by the Buffalo Criminal Law Center on Nov. 23, 1996:
Volume 1, Number 2 (New Voices in Criminal Theory)
Sara Sun Beale, What's Law Got To Do With It? The Political, Social, Psychological and Other Non-Legal Factors Influencing the Development of (Federal) Criminal Law
Anne M. Coughlin, Of White Slaves and Domestic Hostages
Robert H. Joost, Federal Criminal Code Reform: Is It Possible?
Dan M. Kahan, Three Conceptions of Federal Criminal-Lawmaking
Nancy E. Marion, Symbolic Policies in Clinton's Crime Control Agenda
Tracey L. Meares, Charting Race and Class Differences in Attitudes Toward Drug Legalization and Law Enforcement: Lessons for Federal Criminal Law
Paul H. Robinson, Reforming the Federal Criminal Code: A Top Ten List
Bernd Schünemann, Principles of Criminal Legislation in Postmodern Society: The Case of Environmental Law
This issue kicked off a new series of Buffalo Criminal Law Review special issues. In each special issue, a distinguished criminal law scholar showcases recent work in a field of his or her choice. Guest edited by Professor George Fletcher, Cardozo Professor of Jurisprudence at the Columbia University School of Law and a member of the Review's editorial advisory board, "New Voices in Criminal Theory" features articles on a wide range of topics in criminal theory by contributors from several countries, including the United Kingdom, Israel, Germany, Venezuela, and the United States.George P. Fletcher, The Fall and Rise of Criminal Theory
Volume 2, Number 1 (Toward a New Federal Criminal Code)
Nicola Lacey, Philosophy, History and Criminal Law Theory
Stephen Shute, With and Without Constitutional Restraints: A Comparison Between the Criminal Law of England and America
Ron Shapira, Structural Flaws of the 'Willed Bodily Movement' Theory of Action
A.P. Simester, On the So-Called Requirement for Voluntary Action
Kyron Huigens, Virtue and Criminal Negligence
L.A. Zaibert, Intentionality, Voluntariness and Culpability: A Historical-Philosophical Analysis
Anthony M. Dillof, Transferred Intent: An Inquiry Into the Nature of Criminal Culpability
Russell Christopher, Self-Defense and Objectivity: A Reply to Judith Jarvis Thomson
John Gardner, The Gist of Excuses
Douglas N. Husak, Reasonable Risk-Creation and Overinclusive Legislation
Mordechai Kremnitzer, On Premeditation
Cornelius Nestler, Constitutional Principles, Criminal Law Principles, and the German Drug Law
Dan M. Kahan, Punishment Incommensurability
This issue features papers presented at Toward a New Federal Criminal Code, the second conference on federal criminal code reform hosted by the Buffalo Criminal Law Center, on November 8, 1997, plus a comprehensive bibliography of primary and secondary sources on federal criminal code reform.George P. Fletcher, Dogmas of the Model Penal Code
Volume 2, Number 2 (A New Agenda for Criminal Procedure)
Paul H. Robinson, In Defense of the Model Penal Code: A Reply to Professor Fletcher
Ronald L. Gainer, Federal Criminal Code Reform: Past and Future [.pdf]
Kathleen F. Brickey, Federal Criminal Code Reform: Hidden Costs, Illusory Benefits [.pdf]
Cynthia Kwei Yung Lee, The Act-Belief Distinction in Self-Defense Doctrine: A New Dual Requirement Theory of Justification
Jeffrey A. Standen, An Economic Perspective on Federal Criminal Law Reform
Gerard E. Lynch, Toward a Model Penal Code, Second (Federal?): The Challenge of the Special Part
Selected Bibliography on Federal Criminal Code Reform
"A New Agenda for Criminal Procedure," the second entry in the BCLR's special issues series is guest edited by Professor Robert Weisberg of Stanford Law School and features innovative papers related to constitutional and non-constitutional criminal procedure, along with an article by Richard Singer and Douglas Husak on constitutional criminal law and a book review essay by Walter Weyrauch. Contributors include:Special Issue:
Volume 3, Number 1 (Victims and the Criminal Law: American and German Perspectives)Robert Weisberg, Foreword: A New Agenda for Criminal Procedure [.pdf]
Article:
Alan K. Chen, Shadow Law: Reasonable Unreasonableness, Habeas Theory, and the Nature of Legal Rules [.pdf]
Donald A. Dripps, Miscarriages of Justice and the Constitution [.pdf]
Susan R. Klein, Redrawing the Criminal-Civil Boundary [.pdf]
Debra Livingston, Police Reform and the Department of Justice: An Essay on Accountability [.pdf]
Erik G. Luna, The Models of Criminal Procedure [.pdf]
Marc L. Miller & Ronald F. Wright, Your Cheatin' Heart(land): The Long Search for Administrative Sentencing Justice [.pdf]Richard Singer & Douglas Husak, Of Innocence and Innocents: The Supreme Court and Mens Rea Since Herbert Packer [.pdf]
Book Review:Walter O. Weyrauch, Unconscious Meanings of Crime and Punishment (reviewing Martha Grace Duncan, Romantic Outlaws, Beloved Prisons: The Unconscious Meanings of Crime and Punishment (1996)) [.pdf]
The BCLR's third conference issue will include papers presented at Victims and the Criminal Law, a German-American symposium sponsored by the German-American Academic Council and held at the Buffalo Criminal Law Center on Sept. 12-13, 1998, as well as a comparative bibliography on the role of victims in German and American criminal law. Among the contributors are:Markus Dirk Dubber & Bernd Schünemann, From the Editors [.pdf]
Volume 3, Number 2
Markus Dirk Dubber, The Victim in American Penal Law: A Systematic Overview [.pdf]
Bernd Schünemann, The Role of the Victim in the Criminal Justice System: A Three-Tiered Concept [.pdf]
George P. Fletcher, The Place of Victims in the Theory of Retribution
Michael Moore, Victims and Retribution: A Reply to Professor Fletcher
Peter-Alexis Albrecht, The Functionalization of the Victim in the Criminal Justice System [.pdf]
Cornelius Prittwitz, The Resurrection of the Victim in Penal Theory [.pdf]
Richard Adelstein, Victims as Cost Bearers [.pdf]
Tatjana Hörnle, Distribution of Punishment: The Role of the Victim’s Perspective [.pdf]
Dieter Rössner, Mediation as a Basic Element of Crime Control: A Theoretical and Empirical Comment [.pdf]
Detlev Frehsee, Restitution and Offender-Victim-Arrangement in German Criminal Law: Developments and Theoretical Implications [.pdf]
Jennifer Gerarda Brown, Robbing the Rich to Feed the Poor? [.pdf]
Wilfried Bottke, Sexuality and Crime: The Victims of Sexual Offenses [.pdf]
This issue inaugurates the BCLR's forum feature. A major article by David Bryden on rape law reform is our first forum article, published along with commentaries and a response by Professor Bryden. The issue also features pieces by other distinguished scholars from the United States and Germany, plus a number of review essays on recent books related to criminal law.Volume 4, Number 1 (The Model Penal Code Revisited)
Forum:
David P. Bryden, Redefining Rape [.pdf]
Articles:
Vivian Berger, Rape Law Reform at the Millennium: Remarks on Professor Bryden’s Non-Millennial Approach [.pdf]
George Thomas, Realism About Rape Law: A Comment on “Redefining Rape” [.pdf]
Alan Wertheimer, What Is Consent? And Is It Important? [.pdf]
David P. Bryden, Reason and Guesswork in the Definition of Rape [.pdf]Wayne A. Logan, A Study in “Actuarial Justice”: Sex Offender Classification Practice and Procedure [.pdf]
Book Reviews:
Tatjana Hörnle, Penal Law and Sexuality: Recent Reforms in German Criminal Law [.pdf]
Klaus Lüderssen, Enlightened Criminal Policy or the Struggle Against Evil [.pdf]
Richard G. Singer, The Proposed Duty to Inquire as Affected by Recent Criminal Law Decisions in the United States Supreme Court [.pdf]Guyora Binder, Meaning and Motive in the Law of Homicide (reviewing Samuel Pillsbury, Judging Evil (1998)) [.pdf]
Alan Dershowitz, Moral Judgment: Does the Abuse Excuse Threaten our Legal System? (reviewing James Q. Wilson, Moral Judgment (1997)) [.pdf]
Richard Frase, The Search for the Whole Truth About American and European Criminal Justice (reviewing William Pizzi, Trials Without Truth (1999)) [.pdf]
In the fourth issue in the BCLR's symposium series, you will find papers presented at the Buffalo Criminal Law Center's Model Penal Code Conference, held on Oct. 29-31, 1999. The issue features articles by scholars from the U.S., Canada, Germany, and Israel, as well as a selected bibliography on the Model Penal Code:Symposium:
Volume 4, Number 2 (Feminism and the Criminal Law)Paul Robinson, Structuring Criminal Codes to Perform Their Function [.pdf]
Christine Boyle, What Makes “Model” Sexual Offenses? A Canadian Perspective [.pdf]
Donald Stuart, Supporting General Principles for Criminal Responsibility in the Model Penal Code with Suggestions for Reconsideration: A Canadian Perspective [.pdf]
Markus Dirk Dubber, Penal Panopticon: The Idea of a Modern Model Penal Code [.pdf]
L.A. Zaibert, Philosophical Analysis and the Criminal Law [.pdf]
Richard Singer, The Model Penal Code and Three Two (Possibly Only One) Ways Courts Avoid Mens Rea [.pdf]
Robert Weisberg, Reappraising Complicity [.pdf]
Roland Hefendehl, Corporate Criminal Liability: Model Penal Code Section 2.07 and the Development in Western Legal Systems [.pdf]
Stuart Green, Prototype Theory and the Classification of Offenses in a Revised Model Penal Code: A General Approach to the Special Part [.pdf]
Anthony M. Dillof, Putting Hate in Its Place: The Codification of Bias Crime Laws in a Model Penal Code [.pdf]
Guyora Binder, Felony Murder and Mens Rea Default Rules: A Study in Statutory Interpretation [.pdf]
Erik Luna, Principled Enforcement of Penal Codes [.pdf]Model Penal Code Selected Bibliography [.pdf]
Article:Eli Lederman, Models for Imposing Corporate Criminal Liability: From Adaptation and Imitation Toward Aggregation and the Search for Self-Identity [.pdf]
Guest edited by Lynne Henderson, the special issue on "Feminism and Criminal Law" explores feminist perspectives on a wide range of issues in criminal law doctrine and theory.
Beverly Balos, Teaching Prostitution Seriously [.pdf]
Volume 5, Number 1 (The Moral Limits of the Criminal Law)
Kit Kinports, Rape and Force: The Forgotten Mens Rea [.pdf]
Donna Coker, Crime Control and Feminist Law Reform in Domestic Violence Law: A Critical Review [.pdf]
Teresa A. Miller, Keeping the Government's Hands Off Our Bodies: Mapping a Feminist Legal Theory Approach to Privacy in Cross-Gender Prison Searches [.pdf]
Linda L. Ammons, Dealing With the Nastiness: Mixing Feminism and Criminal Law in the Review of Cases of Battered Incarcerated Women--A Tenth-Year Reflection [.pdf]
Phyllis L. Crocker, Is the Death Penalty Good for Women? [.pdf]
Elizabeth Rapaport, Staying Alive: Executive Clemency, Equal Protection, and the Politics of Gender in Women's Capital Cases [.pdf]
This special issue, under the guest editorship of Stuart Green, is dedicated to a careful reconsideration of Joel Feinberg's pathbreaking four-volume study on "The Moral Limits of the Criminal Law" by philosophers and legal scholars from several countries, including:Stuart Green, Introduction: Feinberg’s Moral Limits, and Beyond [.pdf]
Volume 5, Number 2 (Democracy and Punishment)
R.A. Duff, Harms and Wrongs [.pdf]
Hamish Stewart, Harms, Wrongs, and Set-Backs in Feinberg’s Moral Limits of the Criminal
Law [.pdf]
Patricia Smith, Legal Liability and Criminal Omissions [.pdf]
Hugo Adam Bedau, Feinberg’s Liberal Theory of Punishment [.pdf]
Bernard E. Harcourt, Joel Feinberg on Crime and Punishment: Exploring the Relationship Between The Moral Limits of the Criminal Law and The Expressive Function of Punishment [.pdf]
Paul Roberts, Philosophy, Feinberg, Codification, and Consent: A Progress Report on English Experiences of Criminal Law Reform [.pdf]
Tatjana Hörnle, Offensive Behavior and German Penal Law [.pdf]
Peter Alldridge, The Moral Limits of the Crime of Money Laundering [.pdf]
Political philosopher Pablo de Greiff has assembled an exciting international and interdisciplinary cast of contributors to this special issue on the much understudied relationship between political theory and criminal law.Volume 6, Number 1 (The New Culpability: Motive, Character, and Emotion in Criminal Law)
Guyora Binder, Punishment Theory: Moral or Political? [.pdf]
James Bohman, Punishment as a Political Obligation: Crimes Against Humanity and the Enforceable Right to Membership [.pdf]
David A. Crocker, Punishment, Reconciliation, and Democratic Deliberation [.pdf]
Pablo de Greiff, Deliberative Democracy and Punishment [.pdf]
Jaime Malamud Goti, Equality, Punishment, and Self-Respect [.pdf]
Madeline Morris, The Democratic Dilemma of the International Criminal Court [.pdf]
Philip Pettit, Is Criminal Justice Politically Feasible? [.pdf]
Carlos Pereda, The Bad Reputation of Punishment [.pdf]
Melissa S. Williams, Criminal Justice, Democratic Fairness, and Cultural Pluralism: The Case of Aboriginal Peoples in Canada [.pdf]
Recent developments in the theory of mens rea are featured in this pathbreaking collection of essays, edited by Guyora Binder. Also included is the blueprint for the American Law Institute's new "Model Penal Code: Sentencing" project.Special Issue:
Volume 6, Number 2Guyora Binder, The Rhetoric of Motive and Intent [.pdf]
Feature:
Kyron Huigens, Homicide in Aretaic Terms [.pdf]
R.A. Duff, Virtue, Vice, and Criminal Liability: Do We Want an Aristotelian Criminal Law? [.pdf]
Kimberly Kessler Ferzan, Don't Abandon the Model Penal Code Yet! Thinking Through Simons's Rethinking [.pdf]
Kenneth W. Simons, Does Punishment for "Culpable Indifference" Simply Punish for "Bad Character"? Examining the Requisite Connection Between Mens Rea and Actus Reus [.pdf]
Claire Finkelstein, Excuses and Dispositions in Criminal Law [.pdf]
V.F. Nourse, Hearts and Minds: Understanding the New Culpability [.pdf]
Allison Marston Danner, Bias Crimes and Crimes Against Humanity: Culpability in Context [.pdf]
Leo Katz, Villainy and Felony: A Problem Concerning Criminalization [.pdf]
Samuel H. Pillsbury, A Problem in Emotive Due Process: California's Three Strikes Law [.pdf]Kevin R. Reitz, American Law Institute, Model Penal Code: Sentencing, Plan for Revision [.pdf]
Book Review:Leo Zaibert, Punishment, Liberalism, and Communitarianism [.pdf]
Gerald Leonard, Towards a Legal History of American Criminal Theory: Culture and Doctrine from Blackstone to the Model Penal Code [.pdf]
Peter Westen & James Mangiafico, The Criminal Defense of Duress: A Justification, Not an Excuse--And Why It Matters [.pdf]
Theodore Y. Blumoff, A Jurisprudence for Punishing Attempts Asymmetrically [.pdf]
William Wilson, Impaired Voluntariness: The Variable Standards [.pdf]
Aaron J. Rappaport, Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About the Purposes of Punishment [.pdf]
Craig Bradley, The Middle Class Fourth Amendment [.pdf]
Rinat Kitai, Protecting the Guilty [.pdf]
Pragati Bhatt Patrick & Thomas Bak, Firearms Prosecutions in the Federal Courts: Trends in the Use of 18 U.S.C. § 924(c) [.pdf]
Volume 7, Number 1 (Model Penal Code: Sentencing)Paul H. Robinson, The A.L.I.'s Proposed Distributive Principle of "Limiting Retributivism": Does It Mean in Practice Anything Other than Pure Desert? [.pdf]
Edward Rubin, Just Say No to Retribution [.pdf]
James Q. Whitman, A Plea against Retributivism [.pdf]
Cornelius Nestler, Sentencing in Germany [.pdf]
Anthony N. Doob & Cheryl Marie Webster, Looking at the Model Penal Code Sentencing Provisions through Canadian Lenses [.pdf]
Wayne A. Logan, The Importance of Purpose in Probation Decision Making [.pdf]
Bernd Schünemann, Some Comments on Parts III And IV of the Model Penal Code from a German Perspective: Fundamentals of the Statutory Regulation of Correctional Practice in Germany [.pdf]
Jonathan Simon, Wechsler's Century and Ours: Reforming Criminal Law in a Time of Shifting Rationalities of Government [.pdf]
Sarah Armstrong, Bureaucracy, Private Prisons, and the Future of Penal Reform [.pdf]
Volume 7, Number 2Forum:Sharon Dolovich, Legimate Punishment in Liberal Democracy [.pdf]
Stephen P. Garvey, Lifting the Veil on Punishment [.pdf]
Simone Chambers, Democratizing Humility [.pdf]
Sharon Dolovich, Idealism, Disproportionality, and Democracy: A Reply to Chambers and Garvey [.pdf]
Articles:
Günther Jakobs, Imputation in Criminal Law and the Conditions for Norm Validity [.pdf]
Manuel Cancio Meliá, Victim Behavior and Offender Liability: A European Perspective [.pdf]
Bernd Schünemann, The System of Criminal Wrongs: The Concept of Legal Goods and Victim-based Jurisprudence as a Bridge between the General and Special Parts of the Criminal Code [.pdf]
Stefan Cassella, The Forfeiture of Property Involved in Money Laundering Offenses [.pdf]
Volume 8, Number 1 (White Collar Criminal Law in Comparative Perspective: The Sarbanes-Oxley Act of 2002)Stuart P. Green, The Concept of White Collar Crime in Law and Legal Theory [.pdf]
Bernd Schünemann, The Sarbanes-Oxley Act of 2002: A German Perspective [.pdf]
Roland Hefendehl, Enron, WorldCom, and the Consequences: Business Criminal Law Between Doctrinal Requirements and the Hopes of Crime Policy [.pdf]
Sara Sun Beale & Adam G. Safwat, What Developments in Western Europe Tell Us about American Critiques of Corporate Criminal Liability [.pdf]
Geraldine Szott Moohr, Prosecutorial Power in an Adversarial System: Lessons from Current White Collar Cases and the Inquisitorial Model [.pdf]
Katheen F. Brickey, Enron's Legacy [.pdf]
Pamela H. Bucy, "Carrots and Sticks": Post-Enron Regulatory Initiatives [.pdf]
Peter J. Henning, Sarbanes-Oxley Act § 307 and Corporate Counsel: Who Better to Prevent Corporate Crime? [.pdf]
Volume 8, Number 2
Volume 9, Number 2

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