Buffalo Law Review

Past Issues: Volume 59

Issue 1

Stephen F. Befort, Unilateral Alteration of Public Sector Collective Bargaining Agreements and the Contract Clause, 59 Buff. L. Rev. 1 (2011)

Richard S. Markovits, Background (Fixed-Cost) Avoidance-Choices, Foreground (Variable-Cost) Avoidance-Choices, and the Economically Efficient Approach for Courts to Take in Marine-Salvage Cases: A Positive Analysis and Related Critique of Landes and Posner’s Classic Study, 59 Buff. L. Rev. 57 (2011)

Robert Brauneis & Paul Heald, Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: An Introduction and Empirical Study, 59 Buff. L. Rev. 141 (2011)

William P. Johnson, Understanding Exclusion of the CISG: A New Paradigm of Determining Party Intent, 59 Buff. L. Rev. 213 (2011)

Issue 2

Douglas L. Colbert, Prosecution Without Representation, 59 Buff. L. Rev. 333 (2011)

Helen Hershkoff, Horizontality and the "Spooky" Doctrines of American Law, 59 Buff. L. Rev. 455 (2011)

Eric A. Johnson, Knowledge, Risk, and Wrongdoing: The Model Penal Code's Forgotten Answer to the Riddle of Objective Probability, 59 Buff. L. Rev. 507 (2011)

Ryan Seher, Comment, I Want to Ride My Bicycle: Why and How Cities Plan for Bicycle Infrastructure, 59 Buff. L. Rev. 585 (2011)

Issue 3

Bert Demarsin, Has the Time (of Laches) Come? Recent Nazi-Era Art Litigation in the New York Forum, 59 Buff. L. Rev. 621 (2011)

Roberto Iraola, Jurisdiction, Treaties, and Due Process, 59 Buff. L. Rev. 693 (2011)

Dayna Bowen Matthew, Implementing American Health Care Reform: The Fiduciary Imperative, 59 Buff. L. Rev. 715 (2011)

Estelle Hofschneider, Comment, Protecting Refugees and Immigrants on United States Soil but Not in the United States: The Unique Case of the Northern Mariana Islands, 59 Buff. L. Rev. 809 (2011)

Issue 4

Nat Stern, The Subordinate Status of Negative Speech Rights, 59 Buff. L. Rev. 847 (2011)

Stuart Lazar, The Unreasonable Case for a Reasonable Compensation Standard in the Public Company Context: Why it is Unreasonable to Insist on Reasonableness, 59 Buff. L. Rev. 937 (2011)

Charles Manga Fombad, Constitutional Reforms and Constitutionalism in Africa: Reflections on Some Current Challenges and Future Prospects, 59 Buff. L. Rev. 1007 (2011)

Yuval Simchi-Levi, The Agency Defense: Can the Legislature Help?, 59 Buff. L. Rev. 1109 (2011)

Issue 5

Charles H. Brower II, Arbitration and Antitrust: Navigating the Contours of Mandatory Law, 59 Buff. L. Rev. 1127 (2011)

Gary Muldoon, Understanding New York’s "Mode of Proceedings" Muddle, 59 Buff. L. Rev. 1169 (2011)

Roger M. Michalski, Pleading and Proving Foreign Law in the Age of Plausibility Pleading, 59 Buff. L. Rev. 1207 (2011)

Joseph L. Guza, Note, A Cure for Laryngitis: A First Amendment Challenge to the NLRA’s Ban on Secondary Picketing, 59 Buff. L. Rev. 1267 (2011)

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 (59 Buff. L. Rev. 1127).

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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