Buffalo Law Review

Past Issues: Volume 64

Issue 1

Mark Fenster & John Henry Schlegel, Introduction Opportunities for Law’s Intellectual History, 64 Buff. L. Rev. i (2016)

Ajay K. Mehrotra, A Bridge Between: Law and the New Intellectual Histories of Capitalism , 64 Buff. L. Rev. 1 (2016)

Edward A. Purcell, Jr., Capitalism and Risk: Concepts, Consequences, and Ideologies, 64 Buff. L. Rev. 23 (2016)

Christopher Tomlins, Organic Poise? Capitalism as Law, 64 Buff. L. Rev. 61 (2016)

Charles Barzun, Causation, Legal History, and Legal Doctrine, 64 Buff. L. Rev. 81 (2016)

Mark Fenster, Mr. Peabody’s Improbable Legal Intellectual History, 64 Buff. L. Rev. 101 (2016)

Cynthia Nicoletti, Writing the Social History of Legal Doctrine, 64 Buff. L. Rev. 121 (2016)

John Henry Schlegel, On Absences as Material for Intellectual Historical Study, 64 Buff. L. Rev. 141 (2016)

Susanna Blumenthal, Humbug: Toward a Legal History, 64 Buff. L. Rev. 161 (2016)

Laura F. Edwards, Textiles: Popular Culture and the Law, 64 Buff. L. Rev. 193 (2016)

Robert W. Gordon, Some Final Observations on Legal Intellectual History, 64 Buff. L. Rev. 215 (2016)

Issue 2

Ian Bartrum, James Wilson and the Moral Foundations of Popular Sovereignty, 64 Buff. L. Rev. 225 (2016)

Luke Meier & Rory Ryan, The Validity of Restraints on Alienation in an Oil and Gas Lease, 64 Buff. L. Rev. 305 (2016)

Shlomo C. Pill, Valuing our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism and the Jewish Legal Tradition, 64 Buff. L. Rev. 349 (2016)

Brandon R. White, Comment, Using Learned Helplessness to Understand the Effects of Posttraumatic Stress Disorder and Major Depressive Disorder on Refugees and Explain Why These Disorders Should Qualify as Extraordinary Circumstances Excusing Untimely Asylum Applications, 64 Buff. L. Rev. 413 (2016)

Issue 3

Melanie B. Jacobs, Parental Parity: Intentional Parenthood’s Promise, 64 Buff. L. Rev. 465 (2016)

Shana Tabak, Aspiring States, 64 Buff. L. Rev. 499 (2016)

Peter Siegelman, Protecting the Compromised Worker: A Challenge for Employment Discrimination Law, 64 Buff. L. Rev. 565 (2016)

Kelsey Marie Ellen Till, Comment, Empowering Voices: Working Toward a Children’s Right to Participatory Agency in Their Courtroom Experience, 64 Buff. L. Rev. 609 (2016)

Issue 4

Noah A. Messing, A New Power?: Civil Offenses and Presidential Clemency, 64 Buff. L. Rev. 661 (2016)

Raymond H. Brescia, Uber for Lawyers: The Transformative Potential of a Sharing Economy Approach to the Delivery of Legal Services, 64 Buff. L. Rev. 745 (2016)

Rachel Moran, Ending the Internal Affairs Farce, 64 Buff. L. Rev. 837 (2016)

M. Alexandra Verdi, Strengthening Protections for Survivors of Domestic Violence: The Case of Washington, D.C., 64 Buff. L. Rev. 907 (2016)

Issue 5

Tom W. Bell, Special Economic Zones in the United States: From Colonial Charters, to Foreign-Trade Zones, Toward USSEZs, 64 Buff. L. Rev. 959 (2016)

Tufik Y. Shayeb, Informed Consent for the Use and Storage of Residual Dried Blood Samples from State-Mandated Newborn Genetic Screening Programs, 64 Buff. L. Rev. 1017 (2016)

Justin Simard, The Birth of a Legal Economy: Lawyers and the Development of American Commerce, 64 Buff. L. Rev. 1059 (2016)

Erin R. Goldberg, A Sisterhood of Arms: Envisioning Conscription and Selective Service Post-Gender Integration of Combat Arms, 64 Buff. L. Rev. 1135 (2016)


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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