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16 Drexel L. Rev. 555

All Hands on Deck: Revising the Abandoned Shipwreck Act of 1987

Peri Buch

Our cultural consciousness is enamored by shipwrecks and cultural heritage submerged at the bottom of the sea. Submerged cultural heritage is not just fascinating, it encompasses incredibly important narratives of the past that inform our present. Not only does the Titanic remain in the depths of the ocean, so do warcraft and slave ships, ancient trade vessels, and harbors.

Environmental, Legislative Reform, Admiralty Law
16 Drexel L. Rev. 507

Equitable Balancing in the Purcell Framework

Brooks M. Chupp

According to the Voting Rights Act, states must not racially discriminate when they draw legislative districts. Federal trial courts frequently issue preliminary injunctions to prevent states from drawing districts at the eleventh hour to shield themselves from anti-discrimination laws.

Voting Rights, Discrimination, Federal Courts
16 Drexel L. Rev. 603

Note – When Facetime Brings Dark Times: A Superior Approach to Bystander Negligent Infliction of Emotional Distress

AJ Dejewski

Most United States jurisdictions do not allow a plaintiff to recover for negligent infliction of emotional distress as a bystander unless they witness the event firsthand and the plaintiff has a close familial relationship with the victim. However, a bystander will not always witness their loved one get injured directly.

State Courts, Tort Liability, Tort Reform
16 Drexel L. Rev. 643

Efficiently Inefficient: Regulatory Optimization That Cares About Tomorrow’s Lost Civilizations

Kevin Ricard

Climate change has been an issue on the global stage for more than 40 years, and regulatory action has evolved as the consequences of climate change become closer to reality. While governmental action during that period has resulted in great reductions in pollution, some nations are beginning to see devastating impacts of climate change. For some island nations, entire cultures will be wiped out within the next few generations.

Environmental, Legislative Reform, Regulation
16 Drexel L. Rev. 299

The Arizona Gift Clause in the Twenty-First Century

Timothy Sandefur

Most state constitutions include provisions forbidding the state or local governments from subsidizing private entities with public resources. These provisions were fashioned in the nineteenth century in the wake of financial disasters brought on by government investment in businesses such as railroads.

Constitutional, State Courts, Tax
16 Drexel L. Rev. 359

Ending the Chill of Cold Calling: A Multimodal Solution to the Pitfalls of the Socratic Method

Michael P. Harvey-Broughton II

The Socratic method—known to many first-year law students as “cold calling”—plays a significant role in the modern law school experience. The method is intertwined with the academic foundations of American legal education, and proponents champion its ability to teach students how to “think like a lawyer.” However, this comes at a cost.

Education Law, Legal Education Reform, Legal History
16 Drexel L. Rev. 403

Screams Hidden by Cheers: Labor Trafficking Concerns Amidst the 2026 World Cup Games and Beyond

Ayushi Kokroo

In 2000, Congress enacted the Trafficking Victims Protections Act. Since then, all fifty states have enacted anti-trafficking legislation to assist in the fight to eradicate the highly dangerous, clandestine crime of human trafficking. While the media portrays human trafficking in a certain light, these depictions actually make it more difficult for the general public, law enforcement, and victims themselves to identify human trafficking.

Labor Law, Human Rights, Legislative Reform
16 Drexel L. Rev. 459

When the “Great Equalizer” is Anything But: Amending Title I to Secure Educational Equity For Low-Income Students

Corrie Mitchell

Poverty has long been known to negatively impact student educational outcomes, notably leading to lower math and literacy scores, graduation rates, and cognitive and physical development. While tackling educational deficiencies has primarily fallen under the purview of the states, the federal government could play an important role in addressing the nationwide educational disparities linked to poverty status. Title I, Part A of the Every Student Succeeds Act exists to address these inequalities, though it is largely ineffective as written.

Education Law, Legislative Reform, Financial Crisis
16 Drexel L. Rev. 1

Disarming the Dangerous: The American Tradition of Firearm Prohibitions

Joseph G.S. Greenlee

The Supreme Court elucidated in New York State Rifle & Pistol Association v. Bruen that a modern firearm regulation is constitutional only if the government proves that it is consistent with the nation’s historical tradition of firearm regulation. Lower courts are now exploring the historical tradition of firearm regulation to determine who can be barred from possessing firearms. The Third Circuit Court of Appeals became the first federal circuit court to address the issue post-Bruen, when a three-judge panel decided Range v. Attorney General United States. In Range, Bryan Range challenged a federal law that forever banned him from possessing fire-arms based on a nonviolent misdemeanor conviction in 1995.

Constitutional, Firearms Law, Legal History, Regulation
16 Drexel L. Rev. 83

When Disasters Aren’t Local: The Stafford Act in a Post-COVID-19 World

Ryan Houser

Unlike weather events such as major snowstorms or hurricanes, which are the commonly thought of disasters within the parameters of the Stafford Act, infectious diseases, by their nature, share similar disastrous impacts that extend far beyond a small geographic segment of the country. While delegating disaster response to local governments worked for many weather disasters, the COVID-19 pandemic has highlighted the threats to our nation that exceed the capabilities of local and state governments. Similarly, the pandemic has highlighted how public health emergencies can exceed the scope of existing disaster legislation, limiting the effectiveness of the national response, and necessitating a rethinking of the legislative emergency and disaster response in the United States.

COVID-19, Legislative Reform, Public Health
16 Drexel L. Rev. 137

Another Recycling Sham: Pennsylvania Oil and Gas Industries’ Wastewater

Nell Cormack

Dust from roads is likely not a pressing concern for many Americans living in urban areas with paved roads, but for rural communities in Pennsylvania, dust suppression for unpaved roads and the chemicals used for this process create serious health and environmental issues of imminent concern. One cheap or sometimes free method of dust suppression used in these communities is to spread produced water—wastewater from the oil and gas industry—on unpaved roads. Despite a moratorium on this practice after studies revealed the toxic nature of produced water, including its radioactivity, a loophole in Pennsylvania’s regulations allows the practice to continue.

Environmental, Land Use Law, Regulation
16 Drexel L. Rev. 187

Freedom of Movement: Protecting the Right to Travel from Location Tracking Interference

Nicholas J. Lee

Americans often take for granted the ability to travel freely throughout the United States. Nonetheless, the ability to travel freely enables Americans to move throughout the United States without government or private interference, including interferences that cause a chilling effect on the ability. Considered a basic right in the United States, the ability to travel freely is a foundational political liberty that serves numerous important purposes.

Constitutional, Privacy, Regulation
16 Drexel L. Rev. 249

Ending the Right’s Reign of Stochastic Terror: Replacing Brandenburg to Modernize the First Amendment

Liam Pagán

Political debate in the United States has entered a dangerous era beyond mere hyper-partisanship. Often, “political commentary” presented by some of the most watched conservative news networks is not political commentary at all, but vilification of political targets. This vilification often results in stochastic terrorism—a phenomenon that occurs when speakers with large audiences engage in frequent rhetorical attacks against political opposition, eventually inciting an ideologically aligned individual to take unpredictable, often violent action.

Constitutional, First Amendment, Jurisprudence, Rhetoric
15 Drexel L. Rev. 757

Foreword: Is a Global Governance Framework Necessary for Neurotechnology?

Clare Stark

Neurotechnology is often recognized as “the field of devices and procedures used to access, monitor, investigate, assess, manipulate, and/or emulate the structure and function of the neural systems of animals or human beings.” Neurotechnology can help people with paralysis to move and feel, deaf people to hear, and blind people to partially see. Neurotechnology also has the potential to treat many diseases of the nervous system, neurological diseases, and mental illnesses, which represent a high cost in terms of health care expenditures. According to the Organisation for Economic Co-operation and Development (OECD), mental health illnesses drive economic costs of more than 4% of gross domestic product (GDP).

International Law, Public Health, Technology
15 Drexel L. Rev. 769

The Data We Leave Behind: Limits of Legal Protections for Neurotechnology and Genomic Data

Robert I. Field It is almost impossible to go through a day without leaving digital traces through activities ranging from web searches to social media postings to use of smart phone apps. These traces permit providers of web-based services to amass large amounts of personal information that can be used to discern a user’s interests, attitudes, preferences, behaviors, and other characteristics. In recent years, the companies that provide these services have begun to collect new kinds of especially sensitive biometric information, first reflecting genetic makeup and more recently reflecting neurotechnology measures of brain activity. Technology, Health Law, Privacy
15 Drexel L. Rev. 821

Private Equity in Health Care: Barbarians at the Gate?

Robert I. Field, Barry Furrow, David R. Hoffman, Kevin Lownds, and Hilary Pearsall

Private equity investment in health care has increased dramatically over the past several years, reaching 1,171 transactions worth a total of $105.3 billion in 2020. However, this growing investment strategy comes with its disadvantages. Private equity acquisitions follow a different business model than traditional for-profit ownership in health care. As a result, investors claim that they inject needed funds into financially struggling facilities, while critics see a grab for shortterm profits that often strips facilities of resources, compromises quality care delivery and leaves many of them bankrupt.

Health Law, Elder Law, Regulation
15 Drexel L. Rev. 893

Human Rights Systems of Protection From Neurotechnologies that Alter Brain Activity

Marta Sosa Navarro and Salvador Dura-Bernal The relationship between technology and the law is traditionally known to be complex—especially when it comes to neurotechnology. Neurotechnology is the science and technology that can read and modify the brain, which is the organ responsible for our thoughts, perceptions, agency, and identity. Therefore, it is unquestionable that the regulator faces an unprecedented challenge to mitigate negative impacts of neurotechnology. The rapid development of neurotechnology and the readiness of the market to implement the techniques developed in the medical arena into direct-to-consumer devices calls for a global reflection on the risks that the non-medical use of neurotechnology may pose for human rights. Technology, Health Law, Human Rights
15 Drexel L. Rev. 557

Hidden Heroes: Employment Law Protections for Military Caregivers

Bradford J. Kelley and Lance Casimir After decades of conflict overseas, military service members are returning home as survivors of tragic injuries from war due to incredible advances in battlefield medicine and combat casualty care. Meanwhile, veterans from past wars and conflicts are also experiencing service-related health issues along with the natural effects of aging. Regardless of whether they served in the Vietnam War or the Iraq War, many veterans increasingly need long-term medical care and support. Oftentimes, family members nobly and selflessly take on these caregiving responsibilities. Employment Law, Legislative Reform, Disability Law
15 Drexel L. Rev. 621

Note: The Intersection of Reason and Risk: How Article I, Section 27 of the Pennsylvania Constitution Can Protect Environmental Justice Communities From State-Sanctioned Pollution and Cumulative Impacts

Kelly Hanna

In 1970, the Commonwealth of Pennsylvania ratified an amendment in Article I, Section 27 of its state constitution. Coined the “Environmental Rights Amendment,” Section 27 outlined two public rights for Pennsylvania citizens: the individual right to clean air, pure water, and the preservation of environmental values, and the right to ownership of public natural resources conserved and maintained by the Commonwealth for the benefit of the public and future. For decades, the state courts hindered Section 27’s applicability by making it dependent on the state legislature. The tide changed in 2013, when the Supreme Court of Pennsylvania decided Robinson Township v. Commonwealth.

Environmental, Tort Liability, State Courts
15 Drexel L. Rev. 667

Note: Silence Isn't Suspicious: Why the Post-Arrest Pre-Miranda Circuit Split Is Unfairly Prejudicial to Suspects With Autism Spectrum Disorder

Sarah Milicia

In 1966, the Supreme Court issued its famous opinion in Miranda v. Arizona. The decision was considered a triumph for criminal suspects at the time.

Criminal Law, Criminal Procedure, Circuit Split
15 Drexel L. Rev. 709

Note: Someone in Their Corner: Protecting Pennsylvania's Domestic Violence Victims With a Civil Right to Counsel in Family Court Proceedings

Madison Morton

Domestic violence is a pervasive, nationwide problem, one that worsened during the COVID-19 pandemic, which trapped victims and abusers in the same home and often prevented victims from seeking legal relief.

Domestic Violence, Family Law, Legislative Reform
15 Drexel L. Rev. 271

Sales Free and Clear of an Intellectual Property Licensee's Interests in Bankruptcy—Looking to In re Tempnology for Guidance

B. Summer Chandler

Uncertainty surrounds many issues that exist at the intersection of bankruptcy law and intellectual property law.

Intellectual Property, Statutory Interpretation, Business Law
15 Drexel L. Rev. 327

Toxic Privacy: How the Right to Privacy Within the Transgender Student Parental Notification Debate Threatens the Safety of Students and Compromises the Rights of Parents

Stephen McLoughlin

Should schools be required to keep the gender identity of transgender students private from their parents? Because federal law does not address this question, school districts get caught in the middle of two arguments.

Constitutional, Education Law, LGBT Law, Privacy
15 Drexel L. Rev. 399

Note: Congress Is Reinstating the Color Line: How the Save America's Pastime Act and the Judicial Antitrust Exemption Contribute to Racial Inequity in Professional Baseball

Lindsey Gellar

Racial inequity is a common theme in the United States, and America’s pastime is no exception. Black representation in professional baseball has been on the decline for decades since its peak of nearly 20%.

Labor Law, Legislative Reform, Racial Inequality, Employment Law
15 Drexel L. Rev. 453

Note: When Imitation Isn't the Sincerest Form of Flattery: Combating Fast Fashion Design Piracy Through Enhanced Copyright Protection

Emily Palladinetti

Fashion is art—except in the United States. Classified as purely useful articles, fashion designs have been constrained in their ability to receive copyright protection under the current regime.

Fashion Law, International Law, Copyright Law
15 Drexel L. Rev. 1

Clarifying the Kovel Conundrum

Nicholas Evan Hakun

Ever since the attorney-client privilege was expanded to sometimes include experts, courts and litigants have struggled with drawing the line between protected communications and discoverable information.

Federal Courts, Civil Procedure, Professional Responsibility and Ethics
15 Drexel L. Rev. 47

From COCOM to Wassenaar: Is It Still Our Way Ahead?

Xiaoyang Zhang

A multilateral partnership and a product of the Cold War, COCOM has long been superseded by the successor body, the Wassenaar Arrangement, supposedly to be a non-ideological alternative endeavoring to prompt its member nations to pursue cases of export control for conventional arms and dual-use items.

Administrative Law, Foreign Law, International Law, Technology
15 Drexel L. Rev. 121

Note: ERISA Fiduciary Duties and ESG Funds: Creating a Worthy Retirement Future

Annette DeSipio

Environmental, Social, Governance (ESG) funds are investment vehicles that invest in companies that promote one or all three of these goals.

Business Law, ERISA, Employment Law
15 Drexel L. Rev. 183

Note: Improving the Long-Term Care Landscape for LGBTQ+ Adults Through Home- and Community-Based Care Reform

Hilary Pearsall

Across the country, Medicaid-eligible individuals face widespread challenges in accessing appropriate long-term care, but LGBTQ+ elders face unique barriers to care and are especially vulnerable to discrimination, making this issue particularly pressing.

Health Law, LGBT Law, Public Health
15 Drexel L. Rev. 227

Note: “Protecting the Innocent and Identifying the Guilty:” Adopting the Children’s Advocacy Center Forensic Interview Model in Police Interrogations of Juveniles

Kayla Rubin

Decades of psychological research provide strong evidence that children are different from adults. Nowhere are these differences more apparent than in the interrogation room.

Children and the Law, Criminal Law, Criminal Procedure
14 Drexel L. Rev. 819

Fertility Care: Essential or Non-Essential? Lessons From the COVID-19 Pandemic

Rebecca S. Feinberg

At the beginning of the COVID-19 pandemic, in an effort to allocate medical resources towards the anticipated influx of patients infected with the novel virus, many non-essential healthcare services were temporarily paused.

Reproductive Rights, COVID-19, Health Law
14 Drexel L. Rev. 859

COVID-19 and the Urgency of Parentage Reform

Courtney G. Joslin

This Article, written for a symposium at Drexel University Thomas R. Kline School of Law, highlights how the COVID-19 pandemic underscores the urgent need to reform outdated parentage laws.

Family Law, LGBT Law, COVID-19
14 Drexel L. Rev. 883

Redefining Birth: The Legal History of Midwifery in Colorado and Forging a Path Toward Perinatal Care that Prioritizes Health and Wellness for All

Indra Wood Lusero

A century ago, medicine, in collaboration with the law, redefined birth as a medical event.

Health Law, Public Health, Legislative Reform, Reproductive Rights
14 Drexel L. Rev. 543

On Espinoza, Schools, and the Religion Clauses

Mark Strasser

The United States Supreme Court has long had difficulty explicating what the Religion Clauses require, permit, and prohibit.

Constitutional, First Amendment, Federal Courts
14 Drexel L. Rev. 591

Note - Pyramid Schemes and the American Dream: The Many Problems with Multi-Level Marketing and Why New Legislation Is Needed to Constrain the Industry

Caroline Leuer

Multi-level marketing (MLM) is a large industry in the United States made up of independent salespeople that sell both products and the opportunity to join the business

Business Law, Legislative Reform, Regulation
14 Drexel L. Rev. 641

Note - It Takes a Village – A Small Step in Philadelphia Child Welfare Reform: Opening Philadelphia Family Court's Dependency Proceedings

Sarah Polacek

Philadelphia has the highest rate of child removal of any major city in the United States.

Children and the Law, Family Law, State Courts
14 Drexel L. Rev. 745

Note - Out of Tune: Recomposing the Link Between Music and Copyright

Lewis Sorokin

Music, like all art, is a form of creative expression. It is often referred to as “a universal language” for its seemingly inherent ability to appeal to people across cultures and divisions in society.

Copyright Law, Administrative Law, Intellectual Property
14 Drexel L. Rev. 261

Interpreting the Immigration and Nationality Act in Federal Circuit Courts: How the Ninth Circuit Became a Vessel Traveling "At Some Distance From The Main Fleet"

Shannon J. Murphy

Congress created the Immigration and Nationality Act to provide uniformity and equality to our nation’s immigration system.

Immigration, Federal Courts, Appellate Practice
14 Drexel L. Rev. 297

Emotional Distress Recovery for Mishandling of Human Remains: A Fifty State Survey

Christopher Ogolla

Death is unique in the human race in the sense that once someone dies, unlike in many other species, humans still have attachment and respect for the dead.

Remedies, Tort Reform, Tort Liability
14 Drexel L. Rev. 495

Note - "This Meeting is Being Recorded:" 'Zoom'-ing Away from the Third-Party Doctrine

Marcus Schlundt Bodien

Videoconferencing arguably became one of the most useful but pervasive features of the pandemic. Given how pleased institutions are with recent productivity, statistics show use of these platforms is unlikely to disappear or even substantially diminish once the public health landscape fully recovers.

COVID-19, Privacy, Constitutional
14 Drexel L. Rev. 405

Note - Where's my Ballot?: Why Congress Should Amend House Bill H.R.1 to Include a National Mandate of Drop Boxes for Federal Elections to Help Protect the Black Vote

Brielle Autumn Brown

Casting a ballot should be easy, but voter suppression continues to be an obstacle for many Black voters.

COVID-19, Election Law, Legislative Reform, Racial Inequality, Voting Rights
14 Drexel L. Rev. 1

A Constitutional History of Debtors' Prisons

Nino C. Monea

In 1776, only two states offered constitutional protections against imprisoning people for debt. Today, forty-one states do.

Constitutional, Financial Crisis, Remedies
14 Drexel L. Rev. 69

Modernizing Charitable Fundraising Regulation

David Nows

When a public charity solicits a specific number of donations within a state, it is usually required to register in that state and make public disclosures that allow government officials to confirm that the public charity is legitimate.

Regulation, Legislative Reform, State Courts, Business and Nonprofit Organizations
14 Drexel L. Rev. 123

Note - Recalibrating the Graham Standard Using an Evidence-Backed, Community-Based Model

DiAsia Dozier

Millions of protestors across the world have marched and rallied to denounce the police violence that led to the murders of George Floyd and Breonna Taylor.

Evidence, Criminal Law, Discrimination, Legislative Reform, Racial Inequality
14 Drexel L. Rev. 165

Note - An Inequitable Means to an Equitable End: Why Current Legal Processes Available to Non-Biological, LGBTQ+ Parents Fail to Live up to Obergefell v. Hodges

Marisa S. Fein

In 2015, the Supreme Court officially recognized same-sex marriage across all fifty states.

Constitutional, Discrimination, Family Law, Gender Inequality, LGBT Law
14 Drexel L. Rev. 207

Note - Protecting Consumers and Regulating Data: The Need for Comprehensive Federal Oversight of the Direct-to-Consumer Genetic Testing Industry

Kevin C. Gilligan

The Direct-to-Consumer (DTC) genetic testing market is a massive biotechnology industry.

Regulation, Technology, Remedies
13 Drexel L. Rev. 829

Impactful Interactions: Autism Spectrum Disorder and the Legal System Symposium Foreword

Emily Zimmerman

On October 2, 2020, individuals gathered on Zoom for the annual, but first-ever virtual, Drexel Law Review Symposium. The title of the symposium was Impactful Interactions: Autism Spectrum Disorder and the Legal System.

Disability Law, Legislative Reform, Technology
13 Drexel L. Rev. 841

Defendants With Autism Spectrum Disorder in Criminal Court: A Judges' Toolkit

Colleen M. Berryessa

This Article acts as a toolkit for members of the judiciary on defendants with Autism Spectrum Disorder (ASD), and specifically looks to equip judges with knowledge, evidence, and resources on recognizing and understanding symptoms of ASD in order to better identify and evaluate diagnosed defendants and their offending behavior.

Disability Law, Technology, Criminal Law

13 Drexel L. Rev. 869

Technology as a Civil Right and a Move Toward Disability Justice: Ensuring Digital Access for Disabled Students in the Pandemic

DeVan L. Hankerson & Lydia X. Z. Brown

Disabled students have long faced the impact of systemic and structural ableism in education, from early learning through postsecondary education.

Disability Law, Education Law, Technology, Civil Rights
13 Drexel L. Rev. 909

Moshoeshoe v. DPP: A Missed Opportunity for Persons with Intellectual and Psychosocial Disabilities in Lesotho?

Dianah Msipa

In 2017, the Constitutional Division of the High Court of Lesotho delivered a landmark judgment in Moshoeshoe v. Director of Public Prosecutions.

Disability Law, Criminal Law, Criminal Procedure
13 Drexel L. Rev. 945

The Racially Disparate Impacts of Coercive Outpatient Mental Health Treatment: The Case of Assisted Outpatient Treatment in New York State

Victoria M. Rodríguez-Roldán

In 1999, New York State began implementing Assisted Outpatient Treatment (AOT), which allowed for court-ordered outpatient mental health treatment. Despite the initial benevolent intent of this project, negative racial disparities pervade New York’s AOT program, with Black and Hispanic people being disproportionately subjected to its court orders.

Disability Law, Racial Inequality
13 Drexel L. Rev. 961

Medicaid Coverage for Autistic Individuals: Coverage, Gaps, and Research Needs

Lindsay Shea & Robert I. Field

The Medicaid program, a federal-state partnership administered by each state with oversight and funding contributions by the federal government, covers more people—including almost 40% of all children—than any other health insurance program in the United States.

Disability Law, Health Law, Regulation
13 Drexel L. Rev. 987

Transfer of Parental Rights: The Impact of Section 615(M) of the Individuals with Disabilities Education Act

Matthew S. Smith and Michael Ashley Stein

Section 615(m) of the Individuals with Disabilities Education Act (IDEA) permits states to transfer the rights accorded parents to adult students with disabilities.

Disability Law, Health Law, Regulation, Education Law
13 Drexel L. Rev. 581

Zero-Tolerance: The Trump Administration’s Human Rights Violations Against Migrants on the Southern Border

Jeffrey R. Baker and Allyson McKinney Timm

In 2017, the Trump Administration imposed its policy of zero-tolerance immigration enforcement on the southern border. This policy resulted in the forcible separation of families and the prolonged detention of children in harsh conditions without due process or adequate resources. The Trump Administration unleashed these policies to deter people from immigrating and seeking asylum, consistent with President Trump’s racist campaign rhetoric. This Article analyzes and critiques these policies based on international human rights law.

Constitutional, Human Rights, Immigration, Legislative Reform
13 Drexel L. Rev. 663

The Labor Law that Wasn’t: How the Pennsylvania Supreme Court in the Nineteenth Century Denied Mechanics’ Liens to Wageworkers

Peter D. DeChiara

Mechanics’ lien laws give those who supply labor or material to the construction of a building a lien against the building if they are left unpaid. Historians have often described these statutes, which had spread throughout the United States by the mid-nineteenth century, as an early form of labor legislation. This Article shows how, in Pennsylvania at least, that description is simply wrong.

Labor Law, Legislative Reform
13 Drexel L. Rev. 747

Note - Finding Favor: A Call for Compassionate Discretion in Cases of Battered Mothers Who Fail to Protect

Kaley Gordon

This Note explores notable, recent examples of women who were either charged with the failure to protect their children from abuse, or with murder for failing to prevent the deaths of their children. Many scholars, practitioners, and law students have proposed solutions to this issue with varying degrees of success. This Note aggregates and explores some of those solutions, and argues for greater use of prosecutorial discretion in charging these women as a necessary piece of the puzzle.

Children and the Law, Family Law, Legislative Reform, Remedies
13 Drexel L. Rev. 787

Note - The First Amendment in School Libraries: Using Substantial Truth to Protect a Substantial Right

Shane Morris

The First Amendment right to freedom of speech is that of a two-sided coin, as the right to speech goes hand in hand with the right to receive speech. Where an author’s book is banned from a school library, the reader’s right to freedom of speech is censored with it, interfering with the ability of school libraries to serve as the “marketplace of ideas” in education.

Constitutional, First Amendment
13 Drexel L. Rev. 321

Genetic Databases and the Future of Medicine: Can Law and Ethics Keep Up? Perspectives and Analysis of a Conference

Robert I. Field, Ethan Dombroski, Mary Kate McDevitt & Whitney A. Petrie

The development of genetic science and its clinical applications bring new ethical concerns over privacy along with practical concerns over the use and interpretation of genetic information. While genetic databases are helping clinicians to understand and treat a growing number of serious genetic conditions, they present risks of unauthorized disclosures of highly personal information. Their use in clinical care also raises practical concerns in the interpretation of ambiguous findings, the handling of unanticipated incidental findings, and the communication to patients of risks and uncertainties. 

Health Law, Public Health, Regulation, Technology
13 Drexel L. Rev. 377

Regulating Broker-Dealer Investment Recommendations—Laying the Groundwork for the Next Financial Crisis

Jerry W. Markham

Securities and Exchange Commission Regulation Best Interest (RBI) sought to mitigate or remove conflicts of interest on the part of broker-dealers that receive transaction-based commissions. As this Article demonstrates, RBI will effectively force broker-dealers to abandon such compensation arrangements in favor of fixed-fee arrangements. This will reduce investment choices, limit access to personalized professional investment advice and adversely affect the quality of services.

Corporate Law, Transactional Law, Regulation
13 Drexel L. Rev. 449

Note - Modifying Co-Authorship for the Digital Age: Paparazzi Photographs as Joint Works

Kelley Bregenzer

Fame and photography: the two go hand in hand. Celebrities and the press, more specifically, paparazzi, have always maintained a mutually beneficial—if often unpleasant—relationship. But the rise of social media has given celebrities more control over their image and dented the once prosperous paparazzi industry. Celebrities often share images of themselves taken by the paparazzi on their own social media accounts without licensing the photos from the photographers—who have long been recognized as the rightful authors of a photograph under federal copyright law. In the last few years, paparazzi photographers have begun to file copyright infringement claims against celebrities, fashion designers, and public relations firms for sharing unlicensed images on social media. Most of these cases have settled out of court, but celebrities, backed by the public, are starting to fight back.

Copyright Law, Fashion Law, Intellectual Property, Statutory Interpretation, Trademark Law
13 Drexel L. Rev. 489

Note - Trading Public Nuisance for Product Safety: Reviving the Office of Technology Assessment

Justine Fuga

Tobacco, lead paint, prescription opioids, and electronic cigarettes (e-cigarettes), once revered as innovative products, are now regarded as public nuisances. These public health epidemics share a similar history that has time and again repeated itself. In a sentence, the industry markets products with unanticipated long-term safety risks, combats or discredits emerging evidence of harm associated with the product, evades liability in personal injury or products liability lawsuits, and finally accepts responsibility when government officials file public nuisance lawsuits. While public nuisance lawsuits successfully respond to public nuisance products, this last resort, resource-intensive, backward-looking intervention fails public health. History does not have to repeat itself again. This Note proposes a technology assessment solution to break the epidemic cycle of public nuisance products at the first phase: revive the Office of Technology Assessment in the United States Patent and Trademark Office to proactively, cost-effectively, and preventively monitor long-term safety risks of consumer products.

Health Law, Patent Law, Property Law, Regulation, Trademark Law
13 Drexel L. Rev. 1

Officer Involved Shooting Investigations Demystified: Slashing Through the Gordian Knot

Thomas P. Hogan

One of the largest issues currently facing law enforcement in the United States is police officers shooting civilians and the subsequent criminal investigations of the officers involved. This Article uses primary source material regarding such shootings, analysis of current prosecution models and case statistics, psychological studies, and application of relevant laws and ethical rules to suggest an entirely new model for investigating officer-involved shootings.

Criminal Law, Criminal Procedure
13 Drexel L. Rev. 87

The Third Restatement and the Jurisprudential Evolution of Duty: Tracking the "Duty War" in Palsgraf and Beyond (with a Focus on the Influence of H.L.A. Hart)

Timothy Lockwood Kelly

From the times of Blackstone, Austine, and Holmes, through each of the three Restatements of Torts, and up to present day there has been a jurisprudential evolution of the concept of duty. This article frames this history using the Palsgraf debate between Justice Cardozo and Judge Andrews as a touchstone for analysis. Although past Restatements endorsed the “relational” view of duty associated with Cardozo (which can be traced back to Blackstone), the recent Restatement (Third) of Torts endorses a non-relational, “social” view of duty associated with Andrews (which can be traced back to Austin and Holmes).

Jurisprudence, Legal History, Tort Liability
13 Drexel L. Rev. 143

Protecting the Black Crowning Glory: Why Legislation Is Needed To Make Up for Federal Discrimination Statutes' Failure To Protect Black Hair

Nadijah Campbell

The employment process can be difficult for Black people because they are often the subject of racial discrimination because of their hair. This note discusses avenues to protect Black individuals from racial discrimination in employment contexts with regard to their hair in the workplace.This Note analyzes avenues to protect Black people from racial discrimination based on their hair in the workplace. Although Title VII and Section 1981 are meant to provide this protection, courts have become more restrictive as to what constitutes race, ultimately creating a standard that race is akin to biology or only those traits that cannot be changed or altered. This immutability standard is based on America’s racist past and directly contradicts case law that says Title VII is meant to protect characteristics based on stereotypes that are commonly associated with certain protected classes.

Discrimination, Employment Law, Racial Inequality
13 Drexel L. Rev. 191

Sovereign Injustice: Why Now Is the Time To Grant Tribal Nations True Autonomy in Criminal Prosecutions

Amy Lyon

Generally speaking, if a murder takes place in Oklahoma, the district attorney’s office can prosecute the perpetrator, and the state court can, upon conviction, select among a wide range of sentences to bring justice to the victim. But if a murder takes place within Indian Country in Oklahoma, a tribal prosecutor has a different set of options. In the event that both the victim and alleged perpetrator are Natives, the prosecutor can charge the perpetrator in tribal court, where he or she will face a maximum of three years imprisonment for the alleged crime. In the alternative, the prosecutor can refer such a case to the U.S. Attorney’s Office in hopes that federal prosecutors have the resources and motivation to intervene and pursue a longer sentence.

Civil Rights, Criminal Law, Tribal Justice
13 Drexel L. Rev. 233

Purely Local Tragedies: How Prosecuting Drug-Induced Homicide in Federal Court Exacerbates the Overdose Crisis

Alyssa Mallgrave

The opioid epidemic continues to take hundreds of lives each day. Therefore, it is imperative that federal officials pursue the most effective means of preventing further fatalities. However, charging drug users with homicide serves only to exacerbate the problem.

Criminal Law, Illegal Drug Policy
13 Drexel L. Rev. 277

Litigating Education: The Quest To End Inequitable Funding in Pennsylvania

Whitney A. Petrie

This Note will explain why education funding lawsuits throughout the commonwealth’s history have thus far not been successful in achieving more equitable access to education for Pennsylvania’s students. This Note suggests that, as a starting point, Pennsylvania must recognize education as a fundamental right. The legislature must also make a change in the way the state’s schools are funded, and it should not wait on the courts to force them into action.

Civil Rights, Education Law, State Courts
12 Drexel L. Review 691

Promoting Journalism as Method

Erin C. Carroll

As we struggle to promote democratic debate and surface truth in our chaotic networked public sphere, we are understandably drawn to familiar frames and tools. These include the source of the marketplace of ideas theory—the First Amendment—as well the institutional press, once a key gatekeeper of that marketplace. Yet, both the institutional press and the First Amendment have limitations that hamper their ability to spark transformative change. Instead, this Article proposes that we look to journalism.

Journalism is not the press or a journalist. Rather, it is a method and a practice—an evolving system for gathering, curating, and conveying information. Among its aims are accuracy and truth, the checking of power, and the creation of spaces for criticism and compromise.

Seeding and propagating journalism could have numerous benefits. It could help to provide some of the norms desperately needed for our new information environment. It might inject democratic values into an information ecology that is driven by profit-seeking. It could create friction where speed and scale now reign. Finally, it could help reinvigorate and even repopulate an institutional press in desperate need of reinforcement.

Constitutional, First Amendment
12 Drexel Law Review 723

Free-Speech Formalism Is Not Formal

Stephen M. Feldman

This Essay argues that formalism is not formal. Formalism cannot deliver on its own claim to political neutrality, to deciding pursuant to pure law. Law and politics always intertwine in Supreme Court decision making. Thus, political considerations have infused not only the legal profession’s widespread commitment to formalism but also, and perhaps more important, the Roberts Court’s First-Amendment decisions. A focus on the recent gerrymandering decision, Rucho v. Common Cause, demonstrates how formalism influences free-speech cases without being determinative. In the conclusion, the Essay argues that court-packing might be the only viable progressive response to the conservative bloc’s free-speech decisions undermining democracy.

Political Theory, Constitutional, Jurisprudence, First Amendment
12 Drexel Law Review 765

Platforms, Political Advertising, and Attentional Choice

G. Michael Parsons

In this Article, I evaluate online-platform disclosure laws under a thicker conception of the marketplace of ideas using the attentional-choice theory of competition. Contrary to the outcome in McManus, I conclude that platform disclosure laws are fully consistent with (and even supportive of) robust competition in the marketplace of ideas.

Technology, Constitutional, First Amendment
12 Drexel L. Review 465

Improvident Prosecutions

Michael D. Cicchini

This Article identifies and explains several prosecutorial and judicial abuses of the preliminary hearing, including denying defendants their constitutional right to counsel, using multiple levels of uncorroborated hearsay to win bind-over, preventing the defense from effectively cross-examining the state’s witnesses and calling its own witnesses, and even using the preliminary hearing as prosecutorial weapon to tack-on additional felony counts without probable cause.

Criminal Law, Criminal Procedure
12 Drexel Law Review 521

The Lesser of Two Evils: Lowering the Constitutional Amendment Bar to Avoid an Unadaptable Constitution, Encouraged Judicial Activism, and Disrupted Federalism

Hayley R. Stillwell

The Constitution has not been amended for nearly three decades. During this time, the line in the sand between political parties has morphed into an impenetrable wall that neither side can or is willing to breach. This begs the question whether the constitutional amendment process in Article V is presently functional.

Constitutional, Civil Rights, Legislative Reform
12 Drexel Law Review 561

Note - Machine Translator Testimony & the Confrontation Clause: Has the Time Come for the Hearsay Rules to Escape from the Stone Age?

Nicole E. Crossey

This Note argues that the Advisory Committee on Evidence Rules should amend the hearsay rules to provide that, because machine translation poses an increased risk of error and the Confrontation Clause’s purpose is to establish that evidence is reliable, machine translators should not be allowed to speak for non-English-speaking defendants and defendants should be entitled to confront this machine translator testimony.

Criminal Procedure, Constitutional, Evidence
12 Drexel Law Review 597

Note - Guilty Until Proven Innocent: The Failure of DNA Evidence

Joseph Goldstein

This Note explains how recent DNA testing laws place innocent and guilty into the same category, proposes an amendment to current expungement law that would ensure complete expungement for all eligible, and considers how we can resuscitate once again the idea that an accused is innocent until proven guilty.

Legislative Reform, Criminal Law, Evidence, Forensics
12 Drexel L. Review 227

From Socrates to Selfies: Legal Education and the Metacognitive Revolution

Jaime Alison Lee

This Article suggests two new ways of conceptualizing what constitutes “meaningful feedback.” The first is that for feedback to be meaningful, it must be accompanied by metacognitive reflection. The second is that feedback takes on meaning when prefaced by the deconstruction and abstraction, or “naming,” of legal thinking processes. Both insights emerge only upon a holistic examination of metacognitive theory and practice as they have developed across disparate sectors of the legal curriculum.

Legal Education Reform, Pedagogy, Law and Psychology
12 Drexel Law Review 287

Elevating Physician-Patient Relationships in the Shadow of Metric Mania

Benjamin Sundholm

This Article develops a strategy for improving physician-patient relationships. I suggest that enhancing physicians’ interpersonal skills can improve physician-patient rapport and mitigate the negative consequences resulting from placing too much weight on simplistic metrics. The strategy provided here is not a panacea for the broader problems posed by overemphasizing certain metrics. But, this Article can inform a larger project aimed at becoming wiser about how data and metrics are used in all aspects of medicine and health care.

Health Law, Patient Safety, Public Health
12 Drexel Law Review 331

Note - How Can You Ban What Doesn’t Exist? Redefining the “Assault Weapon”

Meagan Kelly

This Note proposes a legislative approach to an assault weapons ban that would consider the prevalence of semi-automatic AR-15 rifles in mass shootings as well as the mechanics of the rifle that make it particularly lethal. There is a time and place for weapons of certain qualities. Our gun laws must reflect a respect for the distinction between modern warfare and an orderly civilian society.

Regulation, Legislative Reform, Constitutional, Firearms Law
12 Drexel Law Review 377

Note - Abused and Confused: A Call for Asylum Law's Treatment of Domestic Violence to Catch Up With the Rest of the American Legal System

Kirsten R. Lewis

Abused women are waiting this very moment in the U.S., not knowing if they have a reasonable likelihood of succeeding in their asylum claims. This Note argues that it is time for such uncertainty to be lifted, rather than waiting on the courts to do something further. The American legal system has already spoken, recognizing domestically abused  women, and even abused immigrant women, as deserving special recognition and protection under the law. The policy of asylum law specifically must catch up to this standard, to recognize female victims of domestic violence as a particular social group.

Refugee and Asylum Law, Human Rights, Immigration, Domestic Relations
12 Drexel Law Review 417

Note - Protecting the Least Among Us: Using the Flores Agreement as a Model for an Alternative to Detention for the Mentally Ill in ICE Custody

Rebecca S. Swaintek

Instead of standard ICE detention, mentally ill migrants should be detained in the least restrictive setting decided on a case-by-case basis, as modeled by the placement of Unaccompanied Alien Children. There, a team of staff members can work toward a variety of goals, including restoration of competency and the collection of documents necessary to the individuals’ removal proceedings to both care for the migrant and assist the already overburdened immigration courts. We must do better to protect the least among us, including this vulnerable group, and the first step in doing so is to secure their safety and wellbeing throughout the immigration process.

Immigration, Disability Law, Law and Psychology
12 Drexel L. Review 1

Drug Prices, Dying Patients, and the Pharmaceutical Marketplace: A New Conditional Approval Pathway for Critical Unmet Medical Needs

Robert A. Bohrer

This Article proposes an approach to accelerated access and drug prices that would generate much needed information for doctors, patients, the government, and private insurers. The new form of conditional approval proposed here would be similar to the parallel track program developed by the FDA in the 1990s, during the HIV crisis.

Health Law, Patient Safety, Public Health
12 Drexel Law Review 93

Note - It’s Time to Nullify Pennsylvania’s Nullity Rule: Overruling Thompson v. Peck

Anthony P. Beltrami

The nullity rule lacks any true foundation, and it prioritizes adherence to technicalities over the adjudication of cases on the merits. There is no sense in promoting rigidity for the sake of rigidity. This Note details why and how the nullity rule must be eliminated. It sheds light on a gap in our system of justice that perhaps goes unnoticed by many, but that devastates those whom it affects.

Civil Procedure, State Courts, Trusts and Estates
12 Drexel Law Review 129

Note - Probation Detainers in Philadelphia: A Due Process Dud

William F. Henderson

This Note examines the world of due process issues surrounding Philadelphia’s use of probation detainers. To that end, this Note will review the history and rise of probation in the United States and the Commonwealth of Pennsylvania, examine contemporary probation law, and analyze the problem of detainers being used in a way that erodes the due process rights of people on probation.

Criminal Procedure, Constitutional, Criminal Law
12 Drexel Law Review 171

Note - A Tasteful Expansion of the Already Full Plate of Intellectual Property

Leigha Santoro

After providing an analysis of how all types of intellectual property—copyright, patent, trademark, and trade secret—can encompass flavor as a protectable item, this Note concludes that trademark law is the avenue companies will most likely pursue to obtain protection for their products’ flavors. Current trademark laws should be viewed more broadly to encompass the non-traditional mark of flavor.

Trademark Law, Intellectual Property
11 Drexel Law Review 825

Foreword

Rachel Lopez

The aim of the Symposium was to gather leading transitional justice scholars and practitioners from around the world together to discuss the most pressing issues in the field, with a focus on more intentionally connecting theory and practice.

Transitional Justice
11 Drexel Law Review 835

Transitional Justice in Practice: The Importance of Context in Confronting Legacies of Mass Abuse

Richard L. Goldstone

In the aftermath of war, violent upheaval, and repression, domestic justice systems are unable to address the large-scale violations of criminal law and human rights law that might have been perpetrated. In many cases those crimes have been overlooked and relegated to footnotes in some history books.

Transitional Justice
11 Drexel Law Review 859

Embracing Liminality: Grappling with the Challenges and Opportunities of Practicing Memorialization in Sri Lanka

Radhika Hettiarachchi

This paper presents a practitioner’s perspective, critically engaging with the experiences and lessons learned through the implementation of the Herstories Project and the Community Memorialisation Project, to examine some of the conceptual and practical questions that I continue to grapple with in the field of memorialization in Sri Lanka.

Transitional Justice
11 Drexel Law Review 903

Hardwiring Accountability for Mass Atrocities

David Mandel-Anthony

Three important trends in the global system of accountability for atrocity crimes are reshaping the architecture of global justice by increasing the available fora and avenues to achieve accountability for atrocity crimes. One is a redesign of international fact-finding and investigative mechanisms mandating those bodies to collect evidence for potential use in national judicial systems. A second is the increasing establishment of specialized, national investigative and prosecutorial units facilitating the exercise of foreign jurisdiction over atrocity crimes. The final trend is a growing milieu of sophisticated, non-governmental actors and organizations seeking criminal justice and accountability for atrocity crimes. These three developments interact with and shape each other, leading to increased possibilities for justice and an expansion of accountability norms.

Transitional Justice
11 Drexel Law Review 969

Restoring the Rule of Law in Nepal: Can Transitional Justice Deliver without Criminal Justice?

Nikhil Narayan

This Article examines the intersectionality of transitional justice and international criminal justice. In particular, the Article evaluates the impact of criminal justice and accountability mechanisms to address serious international crimes in post-conflict transitions on the broader transformative goals of strengthening the rule of law, restoring public confidence in the criminal justice system, fostering reconciliation, and, thereby, achieving sustainable peace.

Transitional Justice
11 Drexel Law Review 467

Just Sayin'—How the False Equivalence of Speech with Action Undermines the Freedom of Speech

Tara Smith

This Article argues that a firm distinction between speech and ac-tion is critical to the preservation of freedom of speech. The line be-tween the two has blurred in recent years in disputes over such things as cake bakers’ artistic freedom to refuse certain clients, disruptions of speakers on college campuses, whether campaign finance restrictions limit spending or speaking, and social media companies’ status as platforms or publishers. For the legal system to resolve such conflicts correctly and to uphold the proper boundaries of individuals’ freedom, a firm grasp of the respective referents of “speech” and “action” is imperative.

Constitutional, Civil Rights, First Amendment
11 Drexel Law Review 539

Overreaching Its Mandate? Considering the SEC's Authority to Regulate Cryptocurrency Exchanges

Michael J. O'Connor

Both the SEC and private cryptocurrency attorneys assume that if a crypto token—for example, a bitcoin—is a security when issued, then it is a security when traded on exchanges like Coinbase, Gemini, and Circle. Based on that assumption, the SEC regularly threatens exchanges with enforcement for unlicensed trading. While the literature increasingly examines cryptocurrency’s appropriate regulatory treatment, this baseline assumption has gone unquestioned. This Article suggests that assumption is incorrect. A fundamental difference separates a token when issued by a developer from a token when traded on an exchange: an issuer promises further development and price appreciation, while the exchange promises neither. Unlike stocks and bonds, crypto tokens fall under a different category in the securities laws, regulating “investment contracts.” To be an “investment contract,” a commodity like a crypto token must be accompanied by this extra promise for further development or price appreciation. For that reason, when traded on exchanges, tokens are no longer securities.

Contract Law, Transactional Law, Technology
11 Drexel Law Review 597

Note - Not Because It Is Easy: Exploring National Incentives for Commercial Space Exploration Through a Geopolitical Lens

Brian Bozzo

The United Nations Office for Outer Space Affairs defines “space law” as the international body of law governing space-related activities, comprising “international agreements, treaties, conventions, and United Nations General Assembly resolutions as well as [the] rules and regulations of international organizations.”[1] The concept has developed beyond its origins as an academic theory, prematurely enshrined in the provisions of a treaty intended to address the geopolitical concerns presented by the Cold War. Space law, however, has yet to evolve into a well-defined regulatory scheme required to protect the modern economic interests of private space companies in the United States.

[1].Space  Law,  United  Nations  Off.  Outer  Space  Aff.,  http://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html (last visited Apr. 16, 2019).

International Law, Legislative Reform
11 Drexel Law Review 651

Note - Do I Look Like I Have an Attitude? How Stereotypes of Black Women on Television Adversely Impact Black Female Defendants Through the Implicit Bias of Jurors

Fanta Freeman

This Note will explore the history and current state of black women in society and in the criminal justice system, as well as the current state of voir dire as it relates to juror bias. Ultimately, this Note proposes changes to voir dire that could expose the discrete but salient implicit biases of jurors adversely impacting black female defendants

Criminal Procedure, Discrimination, Racial Inequality, Gender Inequality
11 Drexel Law Review 705

Note - "Vegas Rule: Jury Deliberation Edition": Should the Sixth Amendment Exception for Alleged Racial Bias in Deliberations Extend to Gender?

Sydney Melillo

This Note argues that Justice Kennedy’s articulation of the recent Sixth Amendment exception to Rule 606(b) should be extended to gender animus that may motivate an individual juror’s finding of guilt. The recent widespread public recognition of gender-motivated assault and harassment begs the question, can a jury deliberation room contaminated with bias be squared with the Sixth Amendment guarantee for an impartial trial?

Gender Inequality, Discrimination, Evidence, Constitutional
11 Drexel Law Review 745

Note - Places of Public Accommodation: Americans with Disabilities and the Battle for Internet Accessibility

Christopher Mullen

This Note argues that websites should fall within the ADA’s definition of “place of public accommodation” and thus be subject to Title III ADA regulations. Currently the circuit courts are split in their understandings of whether a website falls within Title III’s regulations, and Congress has remained silent on the issue. This Note will provide background to the passage of the ADA, discuss the ongoing circuit split, explain the role of the U.S. Department of Justice in effecting this necessary change, propose and analyze an appropriate solution, and elaborate on what implementation of successful web accessibility standards would look like.

Disability Law, Civil Rights, Technology, Statutory Interpretation
11 Drexel Law Review 783

Note - Arming America's Most Dangerous Abusers: How Domestic Violence Laws Have Failed the LGBTQIA Community

Phillip Sylvester

This Note will address the impact of North Carolina’s exclusionary domestic violence statute, which prohibits same-sex couples from accessing the same resources available to opposite-sex victims of domestic violence and forces same-sex couples to seek aid under a “household member” application.

Civil Rights, Family Law, LGBT Law
11 Drexel Law Review 1

Unbundling Employment: Flexible Benefits for the Gig Economy

Seth C. Oranburg

This Article argues for unbundling employment benefits so workers in the gig economy can obtain a more optimal mix of benefits and wages. This Article also provides a framework for a more flexible system of employee benefits. It thus makes three contributions. First, this Article demonstrates how a rigid requirement of employment benefits can harm workers. Second, it shows how labor law should incorporate advances in economic theory that it has heretofore generally ignored. Third, this Article presents a flexible framework to solve the refractory problem of rigid worker categorization.

Labor Law, Employment Law, Technology
11 Drexel Law Review 61

International Law and the Application of the Unwilling or Unable Test in the Syrian Conflict

Dr. Waseem Ahmad Qureshi

Recently, the United States has used force against non-state actors residing in host states in cases where the host state is either unwilling or unable to constrain illicit terrorist activities launched from its territory, using the “unwilling or unable” test guidelines. Even more controversially, the United States targeted the Syrian state in the Shayrat missile attack. Though the unwilling or unable test has some theoretical support among legal theorists, the legality of this test in international law is contentious, which has led to a lack of state practice. Accordingly, there is a lack of guidance in international law on the application of the unwilling or unable test, which could turn out to be costly, because unilateral action by one state against another without U.N. Security Council authorization or a legal use of force in international law can have dire consequences.

This Article aims to critically analyze the application of the unwilling or unable test by the United States to the case of Syria, and assess why the justification that the United States provided for its military intervention on Syrian territory has not been universally accepted. It will also discuss barriers to the acceptance of this standard, especially in the way that it has been interpreted by the United States in the particular case of Syria. This Article argues that the theoretical test is inapplicable in the Syrian case, because the prerequisites set by the test itself are not met. Moreover, the Article will argue that the test lowers the threshold for using force set by the U.N. Charter.

International Law
11 Drexel Law Review 101

The Non-transferability of Super Voting Power: Analyzing the “Conversion Feature” in Dual-class Technology Firms

Clara Hochleitner

This Article focuses on one special feature of this “new generation” of controlling shareholders, namely the “founder-specific” nature of their shares, which is usually expressed in a conversion feature in the certificate of incorporation. In general, this “conversion feature”—as understood in this Article—stipulates that the super voting power is lost upon certain kinds of transfers. This Article demonstrates that the non-transferability of super voting power has positive as well as negative effects and proposes a corporate governance solution to mitigate these disadvantages. In doing so, the Article takes a broad comparative perspective, looking not only at jurisdictions that have traditionally employed dual-class structures but also at jurisdictions that are currently revisiting their dual-class policy and at jurisdictions with other compelling approaches toward restrictions on the transferability of shares.

Corporate Law, Technology
11 Drexel Law Review 149

Beyond the “Practice Ready” Buzz: Sifting through the Disruption of the Legal Industry to Divine the Skills Needed by New Attorneys

Jason G. Dykstra

This Article proposes designing a required, upper-division legal writing class that incorporates the skills most needed by new attorneys entering the practice of law. The data shows that most new lawyers are destined for private practice, whether with small firms or as solo practitioners, and most likely, this private practice will include civil litigation. Since most civil litigation resolves by settlement or dispositive motion, new lawyers will focus primarily on pretrial civil litigation. Given this reality, the Article proposes requiring an upper-division legal research and writing course designed to introduce practice-style legal research and writing. This course would serve as an analogue to introduce the pretrial civil litigation skills most needed by new attorneys.

Legal Education Reform, Pedagogy, Practical Guidance and Strategy, Legal Writing, Legal Research
11 Drexel Law Review 215

Relationship Problems: Pendent Personal Jurisdiction after Bristol-myers Squibb

Louis J. Capozzi III

This Article offers an analytical framework to evaluate the legitimacy of pendent personal jurisdiction. First, it examines the doctrine’s history and evolution, ultimately criticizing the federal courts for expanding their own jurisdiction without articulating a valid legal warrant. Second, it considers the potential sources of authority for federal courts to wield pendent personal jurisdiction, concluding that all current federal court assertions of pendent personal jurisdiction depend on state long-arm statutes, as limited by the Fourteenth Amendment. In the process, this Article seeks to clarify how the federal courts issue service of process and exercise personal jurisdiction. 

This Article then assesses whether pendent personal jurisdiction passes muster under the Court’s personal jurisdiction cases. The Court’s decision in Bristol-Myers, justified by interstate federalism principles, casts doubt on pendent personal jurisdiction because it forbids a court from adjudicating claims unconnected to the forum it sits in. Pendent personal jurisdiction often allows courts to breach that rule. Therefore, this Article argues that both pendent party and pendent claim personal jurisdiction are forbidden. This Article also provides broader insights into personal jurisdiction’s relatedness element and interstate federalism’s role in limiting the adjudicative reach of the nation’s courts within a system of multiple sovereigns.

Civil Procedure, State Courts, Federal Courts, Federalism
11 Drexel Law Review 297

Note - Fourth Amendment for Sale: How Income and Living in a Multi-unit Dwelling Impact Your Fourth Amendment Rights

Jenna C. Ferraro

The Fourth Amendment is arguably one of the most important amendments in the U.S. Constitution. It protects citizens from unreasonable searches and seizures in areas that most would consider private, such as the home. The Supreme Court has ruled on numerous cases regarding Fourth Amendment protections over the years, and the Court has explained the Fourth Amendment analysis and how it should be applied by the lower courts. This Note specifically explores how the Fourth Amendment analysis has been applied in the Second Circuit when it comes to apartment buildings. New York is a state that is within the Second Circuit, and apartment buildings and other types of multi-unit dwellings are extremely common there. When examining whether someone has a reasonable expectation of privacy in the common areas of his or her apartment building, the Second Circuit has applied what this Note refers to as the “exclusive control” test. This Note argues that through the use and application of this test, the Second Circuit will likely create a disparity in terms of how Fourth Amendment rights are distributed based on where a person can afford to live. This Note explains that those who can afford to reside in more luxurious and expensive apartment buildings could have a higher expectation of privacy because of the amenities and security measures these abodes offer. This is clearly an unfair result, as the Fourth Amendment should apply equally to all and no one should be able to buy his or her way to privacy. Because of the unequal distribution of Fourth Amendment rights based on income likely to result from the current test that the Second Circuit applies, this Note proposes expanding the Katz “reasonable expectation of privacy test,” as well as expanding the curtilage doctrine so that it extends to common areas of multi-unit dwellings. These solutions would ensure that all are afforded the privacy they deserve, regardless of where they can afford to live.

Criminal Procedure, Civil Rights, Privacy, Constitutional
11 Drexel Law Review 337

Note - Fashion 2.0: It’s Time for the Fashion Industry to Get Better-suited, Custom-tailored Legal Protection

Denisse F. García

In the United States, fashion designs are not protectible under any of the traditional forms of intellectual property—namely patents, copyrights, or trademarks. Fashion designs are creative works of art and as such are worthy of the same protection as musical recordings, films, books, software programs, or paintings. However, because Congress has consistently neglected addressing the piracy problem in the fashion industry, fast-fashion brands and retailers have been rampantly copying fashion designs almost without consequence. This unethical behavior hurts emerging designers and smaller brands the most. This is why the legal system should stop turning a blind eye and provide designers with a solution that allows for the protection of their designs without interfering with the unique pace of the fashion industry’s creative process.

Fashion Law, Intellectual Property, Patent Law, Trademark Law, Copyright Law
11 Drexel Law Review 383

Note - Disaster, Deceit, and Treasure: Why the UNCLOS Resolution on Possession of Salvaged Wrecks Is Doing More Harm Than Good

John Lang

The search for sunken treasure is a quest as old as time. That search, however, has led to animosity between neighbors, disputes between countries, and intercontinental naval battles. With the proliferation of undersea technology, what was once thought to be lost at sea is coming ever closer to the surface. Unfortunately, this new technology has only exacerbated existing disputes. The current state of international law, embodied in the United Nations Convention on the Law of the Sea (UNCLOS), inadequately solves treasure disputes over goods salvaged in international waters. Accordingly, UNCLOS must be amended to include a committee specifically designated and authorized to settle salvage disputes between member nations, states, and salvage companies. The United Nations, the United Nations Educational, Scientific and Cultural Organization, and the Institut de Droit International have attempted to remedy the disputes through resolutions. None of the resolutions have created a committee, and none of the resolutions have successfully solved the salvage disputes. Salvage disputes involve issues of maritime law, finders law, salvage law, and international law; therefore, they can only be solved when looked at through the historical lens in which they exist. This Note examines the history of maritime law and the development of salvage jurisprudence. It suggests a multi-factor framework that a salvage dispute committee can use to properly determine who owns what is found on the bottom of the sea.

Admiralty Law, International Law
11 Drexel Law Review 421

Note - In Guns We Entrust: Targeting Negligent Firearms Distribution

Daniel P. Rosner

On October 26, 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), an immunity statute that broadly shields gun manufacturers, distributors, and dealers from civil lawsuits arising out of gun violence injuries. PLCAA was passed with overwhelming support in Congress after decades of litigation against the gun industry. After tracking that history of litigation, this Note criticizes Congress’s reasons for passing PLCAA and argues for a broader interpretation of the negligent entrustment exception. In particular, courts should construe the negligent entrustment exception broadly to allow investigation of claims against gun dealers who allegedly store and transfer guns in ways that enable criminals to obtain access to them. In the same vein, PLCAA should not provide wholesale immunity to manufacturers who continually purvey weapons to these corrupt gun dealers solely because they do not directly transfer guns to consumers. The implications of this reading of negligent entrustment would concededly impact the gun industry in momentous ways. However, acceptance of this view would not open a Pandora’s box of litigation, unconstitutionally violate Second Amendment rights, or disturb the gun industry’s qualified immunity. Rather, imposing a duty on the gun industry to monitor the distribution of firearms merely reflects the risk of distributing lethal instrumentalities to unscrupulous commercial actors and dangerous individuals.

Constitutional, Legislative Reform
10 Drexel L. Review 741

Note - Oh, the Places You’ll Go!—Prison: How False Evidence in Juvenile Interrogations Unconstitutionally Coerces False Confessions

Andrew J. Greer

This Note argues evidentiary deception during interrogations impermissibly elicits false confessions from children and should be replaced with less coercive tactics able to withstand constitutional scrutiny and effectively match the true criminal to the crime.

10 Drexel L. Review 779

Note - Sleeping with the Devil: How Revenge Porn Ruins Lives and What States Can Do to Help

Genna Garofalo

This Note presents the potential pitfalls of current legislation aimed at preventing the proliferation of revenge porn and suggests specific provisions that can be added to existing nonconsensual pornography laws or used as a basis for states that have not yet enacted such laws.

10 Drexel L. Review 813

Note - The Burden of Being a Landlord: The Truth Behind Delaware’s Source of Income Discrimination Laws

Michelle Streifthau-Livizos

This Note highlights the unpopular argument that it should not fall on the shoulders of landlords to fix low-income housing issues, but instead the government needs to look at the bigger picture.

10 Drexel L. Review 567

Foreword

Dr. Donald F. Tibbs

These essays serve as a powerful reminder to those who uncritically consider racial policing as happenstance, accidental, or the product of a few rogue police officers. Together, they offer us a panoramic view of the intersections between law, race, social movements, and the science infiltrating our deep critiques of how “the way things are” is simply more of the way they have always been. In the end, their analyses compellingly link the multiple forms of state violence— domestic and imperialist—with sexual violence, focusing our attention on how race and policing is a process, learned and instituted. In the end, we all can agree that with attention, intention, and effort, racialized policing can be and needs to be reversed if American really truly wants to become great.

10 Drexel L. Review 573

Reforming Policing

andré douglas pond cummings

This article proposes a radical restructuring of United States law enforcement policies, procedures, and applications in order to address this critical challenge. After comparing some of the nation’s most innovative police reform efforts, this article will provide policymakers, legislators, officers, leaders, judges, and lawyers the most effective reform efforts and best thinking that have been implemented to date in connection with saving the lives of residents who face danger from those trained to protect and serve them. This article may serve as a signal to a potential sea change in failed police practices that have endured for decades in the United States.

10 Drexel L. Review 631

The Implicit Bias of Implicit Bias Theory

Tryon P. Woods

This Article’s position regarding implicit bias theory is that implicit bias theory does indeed describe a consequential reality. This author has no quarrel with the cognitive science referenced in the various studies, and I know that the unconscious racism to which it refers is endemic to our society. The problem, however, is that implicit bias theory bears an implicit bias of its own that leaves it fatally compromised in charting the way forward to social transformation. Implicit bias theory misrecognizes the nature of racism and thus underestimates the scale of the breach to be crossed through anti-racist agitation. In particular, implicit bias theory displaces the singular position of black people under racial regime. For this reason, this Article suggests that implicit bias theory is particularly inept in dealing with the racist violence of the law. There is an onto-epistemic structure—the basis of our understanding of existence and knowledge—more fundamental than the dynamics revealed in cognitive science. In other words, scientific inquiry into the nature of racism is itself in fee to the prevailing anti-black image of humanity.

10 Drexel L. Review 673

Traces of the Slave Patrol: Notes on Breed-Specific Legislation

P. Khalil Saucier

This Article explores the ways in which antiblackness haunts nationwide breed-specific legislation of today. Dogs have long featured as a constitutive element in the antiblack dynamics of police power. Central to slave patrols of the past, dogs remain essential to current law enforcement practices. The blackening of breed-specific legislation in legal and political discourse is a critical, subtle, and sophisticated way in which white Americana enacts its humanity and continues to regulate blackness. In bringing together historical and legal material, this Article explores how breed-specific legislation intervenes to define the boundaries of blackness. In other words, this Article investigates how breed-specific legislation helps make blackness legible and familiar in an era defined by shifts in racial identity. Ultimately, this Article is concerned with how racial slavery lives on in modern times and how breed-specific legislation is part of a long unbroken sequence of antiblack violence, punishment, and surveillance.

10 Drexel L. Review 695

Note - A Proposed Solution to the Resentencing of Juvenile Lifers in Pennsylvania Post Montgomery

Stephanie Singer

In 2016 the Supreme Court held in Montgomery v. Louisiana that Miller’s holding was retroactive and that juvenile lifers whose sentences were final before Miller were entitled either to a resentencing or to immediate parole eligibility. Miller affected more juvenile lifers in Pennsylvania than any other state, with nearly 500 individuals in need of resentencing. Pennsylvania is currently grappling with how to conduct these resentencings, particularly considering that sentencing laws passed after Miller do not apply to these individuals. There are numerous, significant issues associated with conducting a retrospective Miller analysis that put juvenile lifers at a severe disadvantage, particularly because they entered prison without the hope of release. Consequently, juvenile lifers in Pennsylvania should—after serving their current mandatory minimums—automatically be eligible for parole. This solution addresses the unfairness that juvenile lifers are likely to face at resentencing without compromising public safety, promotes efficient use of resources, and remains consistent with the rehabilitative purpose of the juvenile justice system.

10 Drexel L. Review 307

Paying for Failure: Subsidizing Schools, Not Education

Jack Millman

Government subsidies for higher education suffer from serious design defects that contribute to seemingly contradictory problems: (1) too few individuals earn college degrees because the United States underinvests in prospective students, and (2) too many students enroll in bad schools that leave them and society worse off than before they enrolled. Why would students overinvest in bad schools while they underinvest in education generally?

10 Drexel L. Review 389

Competing Ideologies at the Formation of the Federal Class Action Rule: Legal Process Versus Legal Liberalism

Rye Murphy

In 1966, the Supreme Court promulgated a new procedural rule for class actions in federal court. Amended Rule 23 was a considerably different mechanism than its predecessor. It was more inviting of class action litigation but also incorporated new mechanisms for protecting class members. This was not an unreasonable trade-off, and one can imagine a group of rule-makers—elite academics, federal judges, prestigious attorneys—peaceably striving to write a rule that could balance individual class members’ interests with the interests of the class as a whole. But this is not what happened. The Rule 23 of today is an accord between two rival sects of mid-century legal thinking.

10 Drexel L. Review 445

Note - And They Sayin’ It’s Because of the Internet: Applying the De Minimis Exception to Digital Sound Sampling in the Wake of VMG Salsoul, LLC v. Ciccone

Tyler B. Burns

This Note argues that the Ninth Circuit’s approach in VMG Salsoul should be adopted and the de minimis exception should be applied to copyright infringement cases involving sound sampling. Additionally, in light of the VMG Salsoul decision, this Note revisits the Sixth Circuit’s opinion in Bridgeport and the subsequent commentary. It provides a new perspective on the Sixth Circuit’s analysis, unpacks Judge Silverman’s dissent, and discusses the underlying policy need to adopt the Ninth Circuit’s decision in VMG Salsoul.

10 Drexel L. Review 497

Note - Granting Samoans American Citizenship While Protecting Samoan Land and Culture

Brendan McCloskey

American Samoa is the only inhabited U.S. territory that does not have birthright American citizenship. Having birthright American citizenship is an important privilege because it bestows upon individuals the full protections of the U.S. Constitution, as well as many other benefits to which U.S. citizens are entitled. Despite the fact that American Samoa has been part of the United States for approximately 118 years, and the fact that American citizenship is granted automatically at birth in every other inhabited U.S. territory, American Samoans are designated the inferior quasi-status of U.S. National.

10 Drexel L. Review 535

Note - A Lift on the Statutory Prohibitions Against HIV-Positive Organ Donation

Erica Pauline Spiro

This Note argues that the statutory prohibition on the use of HIV-positive organs needs to be lifted so that medical experimentation and innovation can proceed. If and when medical experimentation demonstrates acceptable patient survival durations, it may be possible to increase the available pool of organs for donation through lifting the ban on HIV-positive organs.

10 Drexel L. Review 1

Emergency Detention and Involuntary Hospitalization: Assessing the Front End of the Civil Commitment Process

Richard C. Boldt

The allocation of treatment resources in the behavioral health system in the United States has shifted dramatically over the past fifty years.

10 Drexel L. Review 69

From the Dark Tower: Unbridled Civil Asset Forfeiture

Vanita Saleema Snow

This article seeks to reignite the conversation about discriminatory policing and how racially biased policing results in law enforcement disproportionately seizing African Americans’ property suspected of being related to illegal activity. But, it also attempts to situate issues of protest movements as a vehicle to move the Supreme Court to change discriminatory standards under forfeiture statutes.

10 Drexel L. Review 127

Moving Beyond the Federal Funding Hook: Management-based Regulation in Biomedical Research

Gabrielle Goldstein

This Article identifies and describes the development of four areas of regulatory oversight: (1) human subjects research, (2) animal research, (3) scientific integrity and misconduct, and (4) financial conflicts of interest. Each is an example of management-based regulation: regulated entities have flexibility in designing policies and programs that meet generalized regulatory requirements.

10 Drexel L. Review 183

Big-Ag Exceptionalism: Ending the Special Protection of the Agricultural Industry

Sonia Weil

This Article explores the harms the industrialized agricultural industry creates and the legal protections the industry enjoys in environmental law, animal cruelty law, labor law, anti-terrorism law, and through heightened protections in trespass and libel law.

10 Drexel L. Review 239

Note - Fixing United States Elections: Increasing Voter Turnout and Ensuring Representative Democracy

Ryan J. Silver

It is imperative that the United States shift to a multi-party system, and that states enact laws to adopt single transferable vote/ instant runoff voting systems. These voting systems allow voters the opportunity to rank candidates, with their vote automatically going to the candidate who stands the best chance of winning. Only then will the United States have a truly representative democracy, increased voter turnout, and guaranteed fundamental rights for voters.

10 Drexel L. Review 277

Note - You Don’t Know What’s in Your Shampoo, and Neither Does the FDA: A Call for Change

Brittany Stepp

In addition to implementing pending legislation, Congress should look to the European Union (EU) laws and adopt additional safeguards. Similar to the EU, it is essential that the FDA be granted authority to reevaluate and update permissible ingredients on a rolling basis.

9 Drexel L. Review 261

Revisiting the 1996 Experiment in Comprehensive Immigration Severity in The Age Of Trump

Anil Kalhan

This Article introduces a collection of articles presented as part of the Drexel University Law Review symposium on the twentieth anniversary of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Symposium Introduction
9 Drexel L. Review 269

Backlash, Big Stakes, and Bad Laws: How the Right Went for Broke and the Left Fought Back in the Fight Over the 1996 Immigration Laws

Frank Sharry

This Article reflects upon the political contestation that led to the enactment of the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, contextualizing the anti-immigration backlash and debates.

Revisiting 1996 Immigration laws
9 Drexel L. Review 297

The 1996 Immigration Laws Come of Age

Jennifer M. Chacón

This Article analyzes three distinct but interrelated effects of the 1996 laws: (1) the over-criminalization of migrant communities at the federal level; (2) the normalization of immigration enforcement as a part of the standard sub-federal policing agenda; and (3) the rising tide of highly vulnerable liminal legal statuses as a response to powerful economic and political pressures.

Revisiting 1996 Immigration laws
9 Drexel L. Review 323

Zone of Nondeference: Chevron and Deportation for a Crime

Rebecca Sharpless

The U.S. Supreme Court lacks a jurisprudence for when courts should defer to immigration agency interpretations of civil removal statutes that involve criminal law terms or otherwise require analysis of criminal law. This Article represents a first step toward such a jurisprudence, arguing for an expansive principle of nondeference in cases involving ambiguity in the scope of crime-based removal statutes.

Revisiting 1996 Immigration laws
9 Drexel L. Review 353

Barring Survivors of Domestic Violence from Food Security: The Unintended Consequences of 1996 Welfare and Immigration Reform

Claire R. Thomas and Ernie Collette

By comparing public benefits access for categories of immigrants, such as survivors of domestic violence, trafficking, and those who obtained asylum protection, this Article will advocate for reforms at the federal, state, and local level to increase access to food security for vulnerable groups.

Revisiting 1996 Immigration laws
9 Drexel L. Review 393

The Future Relief of Immigration Law

Jill E. Family

This Article explores the lack of relief from removal in immigration law and shows how its stingy availability sheds light on other, broader problems afflicting immigration law.

Revisiting 1996 Immigration laws
9 Drexel L. Review 421

More Than One Achilles’ Heel: Exploring the Weaknesses of SIJS’s Protection of Abused, Neglected, and Abandoned Immigrant Youth

Michelle Anne Paznokas

This Note suggests the Special Immigrant Juvenile Status process be amended by working toward two long-term goals: (1) creating a nation-wide “best interest” standard based largely on current U.S. family law statutes and the United Nation’s Convention on the Rights of the Child, and (2) creating a standard SIJS order that all state court judges must complete when deciding SIJS matters.

Revisiting 1996 Immigration laws
9 Drexel L. Review Online 1

Beware of Wearables: Protecting Privacy in a Data-collecting World

Jessica Kitain

This Note presents the existing regulatory framework protecting data privacy, reviews the role of regulatory agencies, and ultimately exposes the gap between the protection of certain types of sensitive data and the lack of protection for all other data collected from the body through wearable devices. The solution to fill the gap lies in using the privacy principles of notice, choice, and consent in the United States’ self-regulating system.

Privacy, Technology
9 Drexel L. Review Online 31

Note - Too Much of a Stretch: Why Acceptance of Felony Guilty Pleas by Federal Magistrates Defies the Intent of Congress and Erodes the Rights of the Accused Regardless of Consent

Steven J. Maguire

This Note addresses the duty of acceptance of felony guilty pleas and examines whether the majority trend in the circuit courts of allowing magistrates to perform such a duty should be permitted under the Federal Magistrates Act. this Note argues that acceptance of felony guilty pleas by magistrates is not authorized under the Federal Magistrates Act and undermines the fundamental protections afforded to criminal defendants.

Constitutional, Criminal Law, Federal Courts
9 Drexel L. Review Online 61

Note - Like It or Not, You’re Fracked: Why State Preemption of Municipal Bans Are Unjustified in the Fracking Context

Benjamin L. McCready

This Note considers the environmental costs and economic benefits of fracking and examines the trends in legislation and litigation regarding municipal fracking bans. Using this background, this Note asks whether state statutes preempting local fracking bans make sense in the context of prevailing environmental preemption theories.

Environmental, Land Use Law
9 Drexel Law Review 1

How Not to Manage a Common Benefit Fund: Allocating Attorneys’ Fees in Vioxx Litigation

Charles L. Becker, Shanin Specter, and Thomas R. Kline

This Article reviews a deal between insiders and certain law firms that resulted in an unauthorized distribution from the settlement fund to resolve objections over the size of the Vioxx common benefit fund. The Article argues that common benefit fees should be distributed according to the well-accepted lodestar approach, rather than an ad hoc “point” system created by self-interested parties, and that common benefit money should not be distributed through unauthorized deals.

Practical Guidance and Strategy
9 Drexel Law Review 43

The Procreative Power of Dignity: Dignity’s Evolution in the Victims’ Rights Movement

Mary Margaret Giannini

This Article contends that dignity should function as a substantive right whereby it has the power to identify a broad spectrum of treatment for victims to ensure they are not dishonored in the criminal justice process.

Legal Theory, Constitutional
9 Drexel Law Review 101

(Un?)Lawful Religious Discrimination

Stephanie Pisko

This Article explores religious institutions’ exemption from Title VII liability for religious discrimination. Religious institutions are allowed to fire and hire employees based on religious preference.

Employment Law, Discrimination
9 Drexel Law Review 129

Note: Considering Cultural Communities in Contract Interpretation

Alexandra Buckingham

This Note advocates for the admission of cultural extrinsic evidence to both create ambiguity and resolve ambiguity. The notion of culture advocated for in this Note embraces dismantling the concept’s vagueness into more concrete constituents of social relations.

Contract Theory, Legal Theory
9 Drexel Law Review 161

Note - Achieving Transparency: Use of Certification Marks to Clean Up the Fashion Industry’s Supply Chains

Lisa Bollinger Gehman

The use of certification marks requires collaborative involvement from every stakeholder, from workers and consumers, to manufacturers and retailers. This Note proposes an achievable solution to a problem that has long faced our society.

Trademark Law, Transnational Law, Labor Law
9 Drexel Law Review 193

Note - Big Brother is Watching at Country Meadows: A New Theory of Surveillance to Protect Our Elders with Dementia

Emily Hart

Using CMS’s Proposed Rule, Reform of Requirements for Long-Term Care Facilities (“Proposed Rule”), this Note analyzes the Proposed Rule and comments to show how CMS can advance its growing commitment to person-centered care through new metrics for the Nursing Home Compare website.

Elder Law, Regulation
9 Drexel Law Review 227

Note - Sex and Gender Violence in Asylum Law: Expanding Protection Beyond Domestic Violence

Trevor R. Larkin

This Note analyzes how the statutory definition of “refugee” must be amended and new regulations must be promulgated in order to extend protection beyond domestic violence claims.

Refugee and Asylum Law, Legislative Reform
8 Drexel L. Review 261

Criminal Justice Reform Keynote Address

Judge Nancy Gertner

For decades, the mantra for Republicans and Democrats alike had been “tough on crime.” If the sentence for a given drug offense was five years, and yet the problem of drug distribution and use persisted, the response was to increase the penalty to ten years, then fifteen, even life. It was never: Should we imprison at all? Is there any efficacy to imprisonment beyond a few years to deter crime? Is there a category of offenders for which imprisonment and more imprisonment should not be the only response?

Symposium Introduction
8 Drexel L. Review 269

Preliminary Injunctive Relief Against Governmental Defendants: Trustworthy Shield or Sword of Damocles?

Patrick T. Gillen

This Article considers a critically important but unresolved question presented in cases where a party requests and receives preliminary injunctive relief against governmental defendants. The question is this: if a party secures preliminary relief that bars the government from enforcing a given law while the parties litigate, and the challengers of the law do not ultimately prevail on the merits, what consequence, if any, does that preliminary relief have on liability for penalties triggered by noncompliance with the preliminary injunction while it was in effect?

Jurisprudence
8 Drexel L. Review 317

Policing by Imposition: The Consequences of Aggressive Drug Policing on Prenatal Care in Structurally Disadvantaged Communities

Robert J. Kane and Anne-Marie O’Brien

Historically in the United States, the police have been organized as a publicly accountable, rule of law institution. In theory, this has meant that police engage in partnership with the public to set crime prevention and public safety goals. Since the decline of industrialization in America’s urban centers, however, the police—particularly in racially isolated, structurally disadvantaged communities—have increasingly moved from a model of “liberal consent” or “democratic” policing to one that emphasizes authoritarianism and the imposition of crime control tactics. This increasingly coercive brand of policing has, in many communities, resulted in a loss of legitimacy and cooperation and caused the police to be viewed as something akin to an environmental hazard—i.e., something to be avoided.

Community Policing, Public Health
8 Drexel L. Review 339

Student Privacy Principles for the Age of Big Data: Moving Beyond Ferpa and Fipps

Elana Zeide

The Family Educational Rights and Privacy Act (FERPA) sets the terms around which student privacy issues have been debated for decades. Accordingly, many of the proposed reforms work within the statute’s existing regulatory framework. This Article takes a broader perspective and contributes to the debate by demonstrating how FERPA and Fair Information Practice Principle (FIPPs)-based standards cannot provide the control, meaningful oversight, or sufficiently concrete standards sought by stakeholders.

Education Law, Technology, Privacy
8 Drexel L. Review 397

Note - The Missing Pieces in Federal Reentry Courts: A Model for Success

Kristin Brown Parker

With incarceration rates at an all-time high and over-criminalization rampant, there is a growing need for programs aimed at rehabilitating ex-offenders following release from prison. These programs are critical to combating the collateral consequences associated with imprisonment.

Criminal Law, Punishment Theory
8 Drexel L. Rev. 1

The Inevitability of Discretion: What Proponents of Parenting Time Guidelines Can Learn From Thirty Years of Federal Sentencing Guidelines

Joi Montiel Children and the Law, Family Law
8 Drexel L. Rev. 53

Constitutional Rights for Nonresident Aliens: a Doctrinal and Normative Argument

Alec Walen, J.D., Ph.D. National Security, Vol. 8 No. 1
8 Drexel L. Rev. 113

Tactical Urbanism V2: Dynamic Land Use Regulation and Partnership Tools Regenerating First Suburbs

Michael N. Widener Land Use Law, Regulation
8 Drexel L. Rev. 155

Note - Navigating Without a Compass: Incorporating Better Parental Guidance Systems Into the Idea’s Dispute Resolution Process

Joseph Fluehr Education Law
8 Drexel L. Rev. 185

Note - The Ice-free Arctic Is Coming: Why a Circumpolar Network of Marine Protected Areas Is Needed to Protect Arctic Fisheries From Climate Change

Angie Lyne Fredrickson Environmental, International Law
8 Drexel L. Rev. 233

Note - Not Exactly the Same: an Examination of How Generic Substitution Laws Inadequately Protect Consumers’ Needs if Taking Generic Drugs Results in Injuries

Jeffrey J. Masters Health Law, Tort Liability, Regulation
8 Drexel L. Rev. Online 1

Note - Lead Us Not Into Temptation: Stash House Stings and the Outrageous Government Conduct Defense

Marc D. Esterow Criminal Law, Illegal Drug Policy
8 Drexel L. Rev. Online 41

Public Utility Zoning Post-Robinson Township: a Constitutional End-around or Infrastructure Imperative?

Peter Johnsen Environmental, Land Use Law, Regulation
8 Drexel L. Rev. Online 77

Note: So When Did Public Order Start Trumping Fundamental Constitutional Rights? Rethinking the Modern Interpretation of the Right to Assemble and the Role Police Should Play in Protecting That Right

Jesse D. Proctor Community Policing, Constitutional
7 Drexel L. Rev. 239

Jury Evaluation of Expert Testimony Under the Federal Rules

Hon. Mark I. Bernstein Evidence, Federal Courts
7 Drexel L. Rev. 309

Of Surgical Sponges and Flour Barrels, and Why Medical Experts Are Needed Even With a Res Ipsa Loquitur Instruction

Dorothy Duffy and Marrielle B. Van Rossum Evidence, Medical Malpractice, Tort Liability
7 Drexel L. Rev. 329

Fishing Season Is Over: After Barrick and Amended Pennsylvania Rule of Civil Procedure 4003.5, Pennsylvania Reached the Right Decision Regarding Work Product Protections Between Attorneys and Experts

Gwen Stern, Andrew Stern, Benjamin Isser Evidence, Civil Procedure, State Courts
7 Drexel L. Rev. 365

An Unobeyable Law Is Not a Law: Lon Fuller’s “Desiderata” Reconsidered

Timothy Stostad Jurisprudence, Rule of Law
7 Drexel L. Rev. 401

The Right to Be Forgotten: Issuing a Voluntary Recall

R. George Wright Technology, Privacy, Foreign Law
7 Drexel L. Rev. 1

When Ethical Worlds Collide: Teaching Novice Legal Writers to Balance the Duties of Zealous Advocacy and Candor to the Tribunal

Frances C. DeLaurentis Legal Writing, Pedagogy, Professional Responsibility and Ethics
7 Drexel L. Rev. 39

The “Not So Supreme” Court: State Law Dictates Supreme Court Decision in Chaidez

Robert Uzdavines Criminal Law, Federal Courts, Immigration
7 Drexel L. Rev. 67

How ’bout Them Apples?: the Power of Stories of Agreement in Consumer Contracts

Tal Kastner Contract Theory, Rhetoric
7 Drexel L. Rev. 127

Note - Wrong Way: Why Labeling Young Drivers Presents a Misguided Approach in the Improvement of Graduated Driver’s License Programs

Kyle E. Gray Legislative Reform
7 Drexel L. Rev. 163

Note: Testamentary Conditions in Restraint of the Marriage of Homosexual Donees

Emalee G. Popoff Civil Rights, Trusts and Estates
7 Drexel L. Rev. 195

Note - When the Consequences Are Life and Death: Pretrial Detention for Domestic Violence Offenders

Suraji R. Wagage Criminal Law, Family Law, Legislative Reform
7 Drexel L. Rev. Online

Foreword

Drexel Law Review Online Editors
7 Drexel L. Rev. Online 1

Note - Man Overboard: the Missing Theory of Liability for Cruise Ship Owners

Christopher A. Bailes Admiralty Law
7 Drexel L. Rev. Online 45

Note - Dollars for Collars: Civil Asset Forfeiture and the Breakdown of Constitutional Rights

Alexandra D. Rogin Community Policing, Property Law
6 Drexel L. Rev. 439

ERISA: How it came to be; What It Did; What to Do About It

Merton C. Bernstein Proposals that are eventually enacted into law share common elements:an identified need, a proposed remedy, and support from groups with enough common purpose and clout to achieve enactment.The enactment of ERISA did not fit that pattern. ERISA was enacted without any interest group support. Employers surely did not want it; insurers and others in the finance sector did not want it. No union lent early support, although the Auto Workers’ pension guarantee proposal hitch-hiked on the bill that became ERISA. Rather,all stakeholders who engaged in the legislative process did so with reluctance, and all worked to limit ERISA’s curative elements.The Kennedy and Johnson administrations did not push its passage. ERISA became law because the media—principally television network programs—publicized events and aired research that demonstrated that the complicated, private-pension hodgepodge that currently existed fell short of providing reliable retirement income to any but a relatively small group that was much better off than most to begin with. ERISA, Legal History
6 Drexel L. Rev. 453

Retirement Security Worse on ERISA’s 40th Anniversary

Teresa Ghilarducci In just nine years, from 2011 to 2020, the number of people overage sixty-five will have increased by more than 14 million, from 41.4million to 56 million; in twenty years it will increase to 79.7 million. Between 2011 and 2030, approximately 10,000 Americans will turn sixty-five every day. For older workers near retirement who lost significant portions of their assets in the financial crisis of 2008, the subsequent increase in the equities market did not bring accounts back to target levels. An account with an expected return of 6% annually that loses 25% of its value in one year will need to achieve 41% growth in the following year to meet expected goals. ERISA
6 Drexel L. Rev. 463

Increasing Coverage in Today's Private Retirement System

Regina T. Jefferson I have been involved in pension law and policy for more than fifty years as a private practitioner, as a government official, as a professor, as a board member of the Pension Rights Center, and as an author of more than a dozen articles on the subject. In preparation for the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, held on October 25, 2013, I read for the first time in many years my first pension article written in 1976, a surprisingly in-the-weeds discussion, which I called Retirement Security and Tax Equity: An Evaluation of ERISA. According to my introduction, the “article explores the problems which led to ERISA and attempts to grade Congress on its achievement.” I thought reading the article might help me recall what we were thinking in 1967 and 1968 when, as a Treasury staffer, I had a significant role in developing the blueprint for the initial Administration bill. ERISA
6 Drexel L. Rev. 495

ERISA's Treatment of Default and Forfeiture Risk in Defined Benefit Pension Plans: Reflections from ERISA at 40: What Were They Thinking?

Steven Sass During the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking? held on October 25, 2013, I served as a moderator on the Symposium panel entitled “Setting the Stage: History Before the Ninety-Third Congress,” which addressed three problem areas in employer pension plans that ERISA covered. The Symposium participants characterized these three areas as “default risk,” “forfeiture risk,” and “agency risk.” My reflections will focus on the first two areas, which received the most attention at the Symposium. ERISA
6 Drexel L. Rev. 503

Fifty Years of Pension Law

Daniel L. Halperin I have been involved in pension law and policy for more than fifty years as a private practitioner, as a government official, as a professor,as a board member of the Pension Rights Center, and as an author of more than a dozen articles on the subject. In preparation for the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, held on October 25, 2013, I read for the first time in many years my first pension article written in 1976, a surprisingly in-the-weeds discussion, which I called Retirement Security and Tax Equity:An Evaluation of ERISA. According to my introduction, the “article explores the problems which led to ERISA and attempts to grade Congress on its achievement.” I thought reading the article might help me recall what we were thinking in 1967 and 1968 when, as a Treasury staffer, I had a significant role in developing the blueprint for the initial Administration bill. ERISA
6 Drexel L. Rev. 515

Ninety-Five Percent of [Them] Will Not Be Missed: Recovering the Tax Shelter Limitation Aspect of ERISA

Peter J. Wiedenbeck This Reflection seeks to recover the tax shelter limitation aspect of ERISA. Part I briefly explains the origins of ERISA’s tax controls. Part II surveys ERISA’s accomplishments and limitations in suppressing pension tax shelters. Part III describes later momentous developments to which ERISA pointed the way. ERISA, Tax, Business and Nonprofit Organizations
6 Drexel L. Rev. 539

Reflections on ERISA's Fiduciary Provisions: An Integral and Integrated Part of the Statute

Dana M. Muir My takeaway—I hope a fair one—from the Symposium was that ERISA’s drafters included the fiduciary provisions primarily as a backstop to the statute’s more specific protective requirements. Symposium participants made clear that they did not see the fiduciary provisions as mere surplus. ERISA, Contract Law, Trusts and Estates
6 Drexel L. Rev. 555

I, Fiduciary: Some Reflections on the Defintion of Fiduciary Under ERISA

Norman P. Stein It is easy to understand why the Department wanted to quickly issue guidance on the meaning of fiduciary, and why that guidance placed limits on the conceivable statutory scope. ERISA was a sweeping new statute, and there was no doubt considerable concern in the plan sponsor and service provider communities about what the statute’s fiduciary provisions meant and whom they affected—questions whose answers would impact the costs of maintaining a plan. The early regulations narrowed the definition of fiduciary and helped ease these concerns. But the guidance did not do this cleanly—as I will suggest below, the guidance did not end uncertainty about who is a fiduciary, but it did free the providers of some financial and administrative activities affecting employee benefit plans from the type of probing judicial review of their actions that the statute’s fiduciary standards suggested Congress intended. ERISA, Regulation
6 Drexel L. Rev. 573

A Reflection on ERISA Claims Administration and the Exhaustion Requirement

James A. Wooten This Reflection focuses on ERISA’s regime for administering benefit claims and, in particular,the requirement that a participant or beneficiary generally may not bring a civil action to enforce her benefit rights until she has exhausted her plan’s internal review procedures (the “exhaustion requirement”). Part I explains why many observers perceive the regime for administering benefit claims to be out of step with the purposes behind ERISA’s substantive regulation of pension plans. Part II considers the debate among commentators and courts about whether federal labor law should serve as a guide for designing rules to regulate claims administration, and the panelists’ discussion of this issue. Part III discusses some evidence in ERISA’s text and legislative history that suggests that Congress rejected the idea that participants or beneficiaries should have to satisfy a prerequisite, such as the exhaustion requirement, before filing suit to enforce benefit rights. ERISA, Regulation
6 Drexel L. Rev. 1

Is Free Speech Compatible with Human Dignity, Equality, and Democratic Government: America, a Free Speech Island in a Sea of Censorship?

James M. Boland Constitutional, Political Theory
6 Drexel L. Rev. 47

Using Experiential Education to Develop Human Resources for the Nonprofit Community: A Course Study Analysis

Ann C. Hodges Business and Nonprofit Organizations, Pedagogy
6 Drexel L. Rev. 87

Deadly Dicta: Roe’s “Unwanted Motherhood,” Carhart II’s “Women’s Regret,” and the Shifting Narrative of Abortion Jurisprudence

Stacy A. Scaldo Reproductive Rights, Jurisprudence, Federal Courts
6 Drexel L. Rev. 133

Note: The Uncertain Enforceability of Prenuptial Agreements: Why the “Extreme” Approach in Pennsylvania Is the Right Approach for Review

Chelsea Biemiller Contract Law, Family Law
6 Drexel L. Rev. 177

Note: Admitting Animations: Applied Psychology Research as a Call for Improved Guidance in Assessing the Prejudicial Impact of Computer-Generated Animations

Jennifer L. Ceglinski Evidence, Technology
6 Drexel L. Rev. 215

Note: Placing Physicians Between Scylla and Charybdis: Chemical Disclosure Law Requiring Health Professionals to Sign Confidentiality Agreement Creates Risk of Liability for Physicians and Impedes Protection of Public Health

Eric Sando Environmental, Public Health, Patient Safety
5 Drexel L. Rev. 285

Thinking Critically About International and Transnational Legal Education

Anil Kalhan Symposium Introduction
5 Drexel L. Rev. 297

"But for Wuhan?": Do Law Schools Operating in Authoritarian Regimes Have Human Rights Obligations Keynote Address

Martin S. Flaherty Globalization and Legal Education, Legal Education Reform, Human Rights
5 Drexel L. Rev. 317

Beyond Colonization–Globalization and the Establishment of Programs of U.S. Legal Education Abroad by Indigenous Institutions

Larry Catá Backer and Bret Stancil Globalization and Legal Education, Transnational Law
5 Drexel L. Rev. 371

A Flat Earth for Lawyers Without Borders? Rethinking Current Approaches to the Globalization of Legal Education

Vasuki Nesiah Globalization and Legal Education, Transnational Law
5 Drexel L. Rev. 391

Educating Global Lawyers

Kath Hall Globalization and Legal Education, Professional Responsibility and Ethics, Transnational Law
5 Drexel L. Rev. 407

Found in the Translation: The Value of Teaching Law as Culture

Kerstin Carlson Globalization and Legal Education, Legal Theory, Practical Guidance and Strategy
5 Drexel L. Rev. 423

Finding the Pearls When the World Is Your Oyster: Case and Project Selection in Clinic Design

Sarah H. Paoletti Globalization and Legal Education, Pedagogy
5 Drexel L. Rev. 479

Law, Sexuality, and Transnational Perspectives

Holning Lau Globalization and Legal Education, Legal Education Reform, Transnational Law
5 Drexel L. Rev. 497

A Global Approach to Legal Writing and Legal Research: An Evolutionary Process

Diane Penneys Edelman Globalization and Legal Education, Legal Writing, Pedagogy
5 Drexel L. Review 1

Criminal Law and Sentencing: What Goes with Free Will?

R. George Wright Criminal Law, Punishment Theory, Philosophy of Law
5 Drexel L. Review 49

Purchasers Lacking Privity Overcoming "The Rule" for Express Warranty Claims: Expanding Judicial Application of Common Law Theories and Liberal Interpretation of U.C.C. Section 2-318

Gary E. Sullivan and Braxton Thrash UCC, Contract Theory, Contract Law
5 Drexel L. Review 101

Dubious Difference: Reassessing Appellate Standards of Review in Immigration Appeals

Michael Kagan Immigration, Administrative Law, Appellate Practice
5 Drexel L. Review 165

Bridging the Gap: How Introducing Ethical Skills Exercises will Enrich Learning in First-Year Courses

Miriam R. Albert and Jennifer A. Gundlach Professional Responsibility and Ethics, Legal Education Reform, Pedagogy
5 Drexel L. Review 207

Note: Authorized: The Case for Duty of Loyalty Suits Against Former Employees Under the Computer Fraud and Abuse Act

Christopher Dodson Employment Law
5 Drexel L. Review 237

Note: The United States and Material-Support Bar for Refugees: A Tenuous Balance Between National Security and Basic Human Rights

Jordan Fischer Refugee and Asylum Law, National Security, Human Rights
5 Drexel L. Review 265

Note: Knowledge Is Power: Physician Abandonment as a Model for the Duty to Disclose Research Findings

Rachel A.H. Horton Health Law
4 Drexel L. Review 297

A Trial Attorney's Dilemma: How Storytelling as a Trial Strategy Can Impact a Criminal Defendant's Successful Appellate Review

Todd A. Berger Practical Guidance and Strategy, Rhetoric, Criminal Law
4 Drexel L. Review 319

We the People: The Consent of the Governed in the Twenty-First Century: The People's Unalienable Right to Make Law

George A. Nation III Jurisprudence, Political Theory, Election Law
4 Drexel L. Review 399

Law Review Scholarship in the Eyes of the Twenty-First-Century Supreme Court Justices: An Empirical Analysis

Brent E. Newton Federal Courts, Legal Writing
4 Drexel L. Review 417

What Is "Good Legal Writing" and Why Does It Matter?

Mark K. Osbeck Practical Guidance and Strategy, Legal Writing, Pedagogy
4 Drexel L. Review 467

Stealth Constitutional Change and the Geography of Law

Jill M. Fraley Legal History, Legal Theory
4 Drexel L. Review 487

Note: Privacy in the Cloud Frontier: Abandoning the "Take It or Leave It" Approach

Scott Bender Privacy, Contract Law, Technology
4 Drexel L. Review 523

Note: You Can Pick Your Friends, but You Cannot Pick Off the Named Plaintiff of a Class Action: Mootness and Offers of Judgment Before Class Certification

M. Andrew Campanelli Civil Procedure, Federal Courts
4 Drexel L. Review 555

Note: Hacking Through the Thicket: A Proposed Patent Pooling Solution to the Nanotechnology "Building Block" Patent Thicket Problem

Amber Rose Stiles Patent Law
4 Drexel L. Review 1

Foreword

Barry R. Furrow Symposium Introduction
4 Drexel L. Review 7

The Malpractice Crisis Turns 175: What Lessons Does History Hold for Reform?

Robert I. Field Medical Malpractice, Legal History
4 Drexel L. Review 41

The Patient Injury Epidemic: Medical Malpractice as a Curative Tool

Barry R. Furrow Medical Malpractice, Tort Liability
4 Drexel L. Review 109

French Medical Malpractice Law and Policy Through American Eyes: What it Reflects About Public and Private Aspects of American Law

Marc A. Rodwin Global Perspectives on Medical Liability and Reform, Medical Malpractice, Jurisprudence
4 Drexel L. Review 139

The Perruche Case and French Medical Liability

Brigitte Feuillet Global Perspectives on Medical Liability and Reform, Medical Malpractice, Reproductive Rights
4 Drexel L. Review 151

The Role of Insurance in Compensation for Medical Injuries since the Kouchner Act

Phillippe Pierre Global Perspectives on Medical Liability and Reform, Medical Malpractice, Foreign Law
4 Drexel L. Review 165

French Medical Malpractice Compensation since the Act of March 4, 2002: Liability Rules Combined with Indemnification Rules and Correlated with Several Kinds of Proceedings

Dominique Thouvenin Global Perspectives on Medical Liability and Reform, Medical Malpractice, Foreign Law
4 Drexel L. Review 199

Australia: An Integrated Scheme for Regulating Liability for Medical Malpractice and Indemnity Insurance Martkest that Does Not Include the Goal of Improving the Safety and Quality of Health Care

Angus Corbett Global Perspectives on Medical Liability and Reform, Medical Malpractice, Foreign Law
4 Drexel L. Review 217

A Medical Malpractice Model for Developing Countries?

Nathan Cortez Global Perspectives on Medical Liability and Reform, Medical Malpractice, Foreign Law
4 Drexel L. Review 243

Public and Private Justice: Redressing Health Care Harm in Japan

Robert B. Leflar Global Perspectives on Medical Liability and Reform, Medical Malpractice, Foreign Law
4 Drexel L. Review 265

Moral Hazard: The Pros and Cons of Avoiding Data Bank Reports

Haavi Morreim Medical Malpractice, Patient Safety
3 Drexel L. Review 373

War Crimes and Misdemeanors: Understanding "Zero-Tolerance" Policing as a Form of Collective Punishment and Human Rights Violation

M. Chris Fabricant Community Policing, Racial Inequality
3 Drexel L. Review 415

Dialectical Jurisprudence: Aristotle and the Concept of Law

John T. Valauri Legal Theory
3 Drexel L. Review 457

Assessing Ourselves: Confirming Assumptions and Improving Student Learning by Efficiently and Fearlessly Assessing Student Learning Outcomes

Lori A. Roberts Legal Education Reform, Pedagogy
3 Drexel L. Review 485

Who Cares?

Gabriel H. Teninbaum Legal Theory, Rhetoric
3 Drexel L. Review 521

Advice and Consent for Federal Judges: A New Alternative Based on Contract Law

David F. Tavella and Anne Marie Tavella Separation of Powers, Federal Courts, Contract Theory
3 Drexel L. Review 539

Beyond Case Reporters: Using Newspapers to Supplement the Legal-Historical Record (A Case Study of Blasphemous Libel)

Jeremy Patrick Practical Guidance and Strategy
3 Drexel L. Review 561

The Ghost in the Global War on Terror: Critical Perspectives and Dangerous Implications for National Security and the Law

Nick J. Sciullo National Security, Legal Theory, War Powers
3 Drexel L. Review 583

Note: Adjusting the Individual Duty of Disclosure to Meet the Reality of Corporate Participation in Patent Prosecution

Stephen M. Lund Patent Law
3 Drexel L. Review 607

Note: Land Banking as a Tool for the Economic Redevelopment of Older Industrial Cities

Diana A. Silva Land Use Law
3 Drexel L. Review 1

Introduction

Richardson Dilworth Symposium Introduction
3 Drexel L. Review 11

The Seductions of Form

Gerald E. Frug Business Improvement Districts, Urban Governance
3 Drexel L. Review 19

The Business Improvement District Comes of Age

Richard Briffault Business Improvement Districts, Urban Governance
3 Drexel L. Review 35

The Business Improvement District Comes of Age

Nicolle Stelle Garnett Business Improvement Districts, Urban Governance
3 Drexel L. Review 49

Does Governance Matter? The Case of Business Improvement Districts and the Urban Resurgence

Richard Schragger Business Improvement Districts, Urban Governance
3 Drexel L. Review 71

Business Improvements in Philadelphia: A Practitioner’s Perspective

Paul Levy Business Improvement Districts, Urban Governance
3 Drexel L. Review 71

Business Improvement Districts as a Tool for Improving Philadelphia’s Economy

Daniel Hoffman and Lawrence O. Houstoun, Jr. Business Improvement Districts, Urban Governance
2 Drexel L. Review 361

Guest Editor’s Preface

Anil Kalhan Symposium Introduction
2 Drexel L. Review 365

Foreword: World of Our Cousins

Marc Galanter Foreign Law, Human Rights
2 Drexel L. Review 373

The Substance of the Constitution: Engaging with Foreign Judgements in India, Sri Lanka, and South Africa

Shylashri Shankar Foreign Law, Legal Theory
2 Drexel L. Review 427

No Justice, No Peace: Conflict, Socio-Economic Rights, and the New Constitution in Nepal

Elisabeth Wickeri Foreign Law, Human Rights
2 Drexel L. Review 491

Uterine Prolapse and Maternal Morbidity in Nepal: A Human Rights Imperative

Payal Shah Foreign Law, Public Health, Reproductive Rights
2 Drexel L. Review 537

The Jammu and Kashmir State Subjects Controversy of 2004

Sehla Ashai Foreign Law, Legal Theory, Human Rights
2 Drexel L. Review 557

Political Censorship and Indian Cinematographic Laws: A Functionalist-Liberal Analysis

Arpan Banerjee Foreign Law, Human Rights, Legislative Reform
2 Drexel L. Review 1

Critical Enculturation: Using Problems to Teach Law

Keith H. Hirokawa Legal Education Reform, Pedagogy
2 Drexel L. Review 41

Writing at the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession

Teri A. McMurtry-Chubb Legal Writing, Racial Inequality, Legal Theory
2 Drexel L. Review 63

Convergence in Electronic Banking: Technological Convergence, Systems Convergence, Legal Convergence

Amelia H. Boss UCC, Technology, Regulation
2 Drexel L. Review 104

Secret Indictments: How to Discourage Them, How to Make Them Fair

John Stinson Criminal Procedure
2 Drexel L. Review 152

The Federal Judiciary Salary Crisis

Blake Denton Federal Courts, Constitutional, Separation of Powers
2 Drexel L. Review 161

Note: Why the Americans With Disabilities Act Amendments Act is Destined to Fail: Lack of Protection for the "Truly" Disabled, Impracticability of Employer Compliance, and the Negative Impact it Will Have on Our Already Struggling Economy

Kate S. Arduini Discrimination, Employment Law, Disability Law
2 Drexel L. Review 206

Note: The Constitutionality of Teacher Certification Requirements for Home-schooling Parents: Why the Original Rachel L. Decision was Valid

Haley J. Conard Education Law, Constitutional, Children and the Law
2 Drexel L. Review 258

Note: Regulating Executive Compensation in the Wake of the Financial Crisis

Michael diFilipo Regulation, Financial Crisis
2 Drexel L. Review 313

Note: The Intersection of the Fourth and Fifth Amendments in the Context of Encrypted Personal Data at the Border

John Duong Constitutional, National Security, Technology
1 Drexel L. Review 216

Personal Health Records: Directing More Costs and Risks to Consumers?

Nicholas P. Terry Health Law, Technology, HIPAA
1 Drexel L. Review 261

What Lessons Should We Learn from the First Malpractice Crisis of the Twenty-first Century?

David A. Hyman Health Law, Medical Malpractice, Tort Reform
1 Drexel L. Review 273

Stopping an Invisible Epidemic: Legal Issues in the Provision of Naloxone to Prevent Opioid Overdose

Scott Burris, Leo Beletsky, Carolyn Castagna, Colin Crowe, Jennie Maura McGlaughlin Public Health, Illegal Drug Policy
1 Drexel L. Review 341

Pandemic Preparedness: A Return to the Rule of Law

Wendy K. Mariner, George Annas, Wendy Parmet Public Health, Rule of Law
1 Drexel L. Review 383

Candor After Kadlec: Why, Despite the Fifth Circuit's Decision, Hospitals Should Anticipate an Expanded Obligation to Disclose Risky Physician Behavior

Sallie Thieme Sanford Health Law, Patient Safety, Vicarious Liability
1 Drexel L. Review 439

Patient Safety And The Fiduciary Hospital: Sharpening Judicial Remedies

Barry R. Furrow Patient Safety, Remedies, Regulation
1 Drexel L. Review 485

Marriage Equality? First, Justify Marriage (If You Can)

John G. Culhane Discrimination, Civil Rights
1 Drexel L. Review 512

Three Ways of Looking at a Health Law and Literature Class

Jennifer Bard, Thomas W. Mayo, Stacey A. Tovino Health Law, Pedagogy
1 Drexel L. Review 573

Note: A Flexible Solution to a Knotty Problem: The Best Interests of the Child Standard in Relocation Disputes

Rachel M. Colancecco Children and the Law, Family Law
1 Drexel L. Review 1

Foreword

Hon. Anthony J. Scirica
1 Drexel L. Review 3

Inaugural Article: Reforming Knowledge? A Socio-Legal Critique of the Legal Education Reforms in Japan

Annelise Riles and Takashi Uchida Pedagogy, Legal Education Reform, Foreign Law
1 Drexel L. Review 52

Why Trying to Rank Law Schools Numerically is a Non-productive Undertaking: An Article on the U.S. News & World Report 2009 List of "The Top 100 Schools"

Louis H. Pollak Legal Education Reform
1 Drexel L. Review 69

Teaching Transactional Lawyering

Karl S. Okamoto Pedagogy, Legal Education Reform, Transactional Law
1 Drexel L. Review 125

Resolving Amicus Curiae Motions in the Third Circuit and Beyond

Carl Tobias Amicus Curiae, Appellate Practice, Federal Courts
1 Drexel L. Review 143

Note: "Genius of Art! What Achievements are Thine?" The Social Shaping of Inventiveness Requirements in Antebellum Patent Law

Mary Mitchell Patent Law
1 Drexel L. Review 175

Sex Offender Residency Restrictions: How Common Sense Places Children at Risk

Lindsay A. Wagner Criminal Law, Punishment Theory, Sexual Misconduct