by 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 307
by 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 389
by 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 445
by 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 497
by 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 535