Buffalo Law Review

Noteworthy

Nick Fram and Thomas Frampton's article on the unionization of college athletes is getting notice again after student-athletes from Northwestern University petitioned the National Labor Relations Board for the right to form a union. A recent New York Times Op-Ed, Unionized College Athletes?, describes Fram and Frampton's argument in favor of classifying college athletes as employees, noting that the athletes still face "an uphill struggle."

On September 28, a Time Magazine online editorial titled College Athletes Need to Unionize Now, cited Nick Fram and Thomas Frampton’s A Union of Amateurs: A Legal Blueprint to Reshape Big-Time College Athletics. The Time article referenced Fram and Frampton’s theory that college athletes at public institutions should be considered university employees. The Buffalo Law Review published A Union of Amateurs in August 2012 (60 Buff. L. Rev. 1003).

The International Arbitration Club of New York awarded Professor Charles H. Brower II the Smit-Lowenfeld Prize for best scholarly article in the field of international arbitration for his article "Arbitration and Antitrust: Navigating the Contours of Mandatory Law," which appeared in the December 2011 issue of the Buffalo Law Review.

Todd E. Pettys's article Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, 60 Buff. L. Rev. 69 (2012), has generated a lot of discussion:
- The Press-Citizen Editorial Board agrees with Pettys, saying "Iowa’s current judicial nominating system ... all but ties the hands of judges from defending themselves."
- Jordan M. Singer reflected on the uncertain future of judicial retention elections in BLR's The Docket.
- Pettys's article was featured in an editorial, "Judges Need to Learn to Defend Themselves," in the Iowa City Press-Citizen.

Should NCAA players unionize in an effort to get paid? A Union of Amateurs: A Legal Blueprint to Reshape Big-Time College Athletics by Nick Fram and Thomas Frampton presents surprising research regarding state-level paths to player unionization and pay. A recent article in Salon, "Madness of March: NCAA Gets Paid, Players Don’t," relies heavily on their cutting edge research to suggest an avenue to empower student-athletes: "Rather than corrupting 'amateurism,' Fram and Frampton argue, unionization offers a path to preserve its best aspects: protecting the league from legal crisis while providing players a forum to defend their academic pursuits and their physical and emotional health."

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Current Issue

Volume 65, Issue 4
August 2017

Articles

The Decline of the Lawyer-Politician

Nick Robinson

65 Buff. L. Rev. 657

Quasi-Constitutional Amendments

Richard Albert

65 Buff. L. Rev. 739

Re-Reading Legal Realism and Tracing a Genealogy of Balancing

Curtis Nyquist

65 Buff. L. Rev. 771

A Complete Analysis of Carbon Taxation: Considering the Revenue Side

Shi-Ling Hsu

65 Buff. L. Rev. 857

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The Docket: Recent Entries

Volume 64, 2016

Linking Law and Life: Justice Sotomayor’s Judicial Voice

Laura Krugman Ray

To Protect the Shield: Combatting Domestic Violence in the NFL

Helen A. Drew

After the most tumultuous months in the history of the NFL, Helen A. Drew analyzes the string of disciplinary issues that plagued the sport, including the Ray Rice and Adrian Peterson incidents, among others. Drew tracks the timeline of negative events in 2014, then proceeds to discuss NFL Commissioner Roger Goodell's history regarding player discipline. The Article concludes by discussing the NFL's revised personal conduct policy and suggesting improvements to the NFL's internal operations in an effort to strengthen the NFL community and brand.

Commentary: Pleau-Sharing

Jonah J. Horwitz

In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.

Meaningful Information, Meaningful Retention

Jordan M. Singer

Jordan M. Singer reflects on the uncertain future of judicial retention elections, in response to Todd E. Pettys's Judicial Retention Elections, the Rule of Law, and the Rhetorical Weaknesses of Consequentialism, 60 BUFF. L. REV. 69.

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Forthcoming Issue

Article

Turns of the Contingent Fee Key to the Courthouse Door

Douglas Richmond

Response Essays to Richard Albert's Quasi-Constitutional Amendments

Informal Constitutional Change

Oran Doyle

Two Examples of "Quasi-Constitutional Amendments" From the Italian Constitutional Evolution: A Response to Richard Albert

Nicola Lupo

Respecting the Myster of Constitutional Change

Jonathan L. Marshfield

Quasi-Constitutional Change Without Intent: A Response to Richard Albert

Reijer Passchier

Comment

Fake News: No One Is Liable, and That Is a Problem

Emma Savino