Buffalo Law Review

The Docket: Featured Articles

To Protect the Shield: Combatting Domestic Violence in the NFL

By: 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.

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Commentary: Pleau-Sharing

By: 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.

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Meaningful Information, Meaningful Retention

By: 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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Pedagogy and Critique: Values and Assumptions in the Law School Classroom

By: Richard Michael Fischl

Michael Fischl offers further reflections on the importance of Emeritus Professor James Atleson's scholarship, in response to our Symposium on James Atleson's Values and Assumptions in American Labor Law: A Twenty-Fifth Anniversary Retrospective, 57 BUFF. L. REV. 629.

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New York's Inbred Judiciary: Pathologies of Nomination and Appointment of Court of Appeals Judges

By: James A. Gardner

The Buffalo Law Review is committed to showcasing topics involving the New York State judiciary. The Review recently published Recusal and Recompense: Amending New York Recusal Law in Light of the Judicial Pay Raise Controversy, 57 BUFF. L REV. 1597, by Jeffrey T. Fiut, which critiqued the current state of New York's judicial recusal law and proposed a new system for protecting judicial impartiality. In addition, the New York Legislature has recently held hearings on the current method of judicial appointment to the New York State Court of Appeals. In New York's Inbred Judiciary: Pathologies of Nominations and Appointment of Court of Appeals Judges, James A. Gardner provides both an explanation and critique of the current appointment system for Court of Appeals judges and offers suggestions for improvement.

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Noteworthy

In a forthcoming article, University of Minnesota Law Professor Edward S. Adams and Samuel P. Engel, are publishing a study of the more than 33,000 law partners at the top 115 law firms in the country that shows that certain factors that go completely unconsidered by the USN&WR rankings—such as geographical location relative to a major legal market—may play a significant role in “big” law firm partnership prospects. An executive summary of the article can be found here.

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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