Founded in 1927, Temple Law Review is a student-edited, quarterly journal dedicated to providing a forum for the expression of new legal thought and scholarly commentary on important developments, trends, and issues in the law.
The copyright litigation surrounding Ed Sheeran’s hit song “Thinking Out Loud” illustrates a growing concern in the music industry: the misuse of copyright law to monopolize elements of the public domain. Central to these disputes is the selection and arrangement doctrine, which allows protection for original combinations of unprotectable elements. However, courts have struggled to […]
The Supreme Court’s conclusion in United States v. Rahimi evinces a gap in protection for victims of domestic violence. Due to remaining unclarity in the interpretation of historical analogues of the Second Amendment, and the fact that challenges to the Amendment will continue to be decided on a case-by-case basis, greater civil protection is needed where […]
Confidence in our federal courts is at an all-time low. Mired in ethical scandals and lurching aggressively to the right, the Supreme Court has been a target both for blame and reform. But as important as Supreme Court reform is, that narrow focus misses the bigger picture and perhaps a bigger problem. After all, most […]
Private equity (PE) has come to health care. With it comes layoffs, cuts, and new pressures for providers; higher prices for payers; and questions from patients about quality and excessive care. PE firms, driven solely by a profit motive, take over health care entities, “lean” them down, load them with debt, and hope to extract […]
The Robinson-Patman Act (RPA) is the single most unpopular antitrust law among practitioners and scholars in the field. It has been the target of withering criticism for many years. In 1966, Robert Bork disparaged it as “the Typhoid Mary of Antitrust.” Others, such as the bipartisan Antitrust Modernization Commission in 2007, offered criticisms with more […]
Legal scholars have made important explorations into the opportunities and challenges of generative artificial intelligence within legal education and the practice of law. This Article adds to this literature by directly addressing members of the legal academy. As a collective, law professors, who are responsible for cultivating the knowledge and skills of the next generation […]
This Comment examines the U.S. shipping industry’s antitrust exemption under the Shipping Act and argues that it is no longer justified in today’s market. It traces the legislative history from the Shipping Act of 1916 to the Ocean Shipping Reform Act of 2022, along with recent proposed reforms in 2023. The Comment explores key case […]
This Comment argues that the current War Powers Resolution fails to provide an effective check on the Executive’s ability to initiate armed conflict without Congressional approval. It examines the proposed National Security Reforms and Accountability Act (NSRAA) as a stronger legislative framework to reassert Congressional war powers. Using the Biden administration’s 2023 proposal to place […]
“Standing Beyond Reason” examines the Supreme Court’s ruling in Alliance for Hippocratic Medicine v. FDA, affirming that the plaintiffs lacked standing to challenge the FDA’s regulation of mifepristone. In doing so, the Court reinforced the principle that Article III standing requires a concrete, particularized, and imminent injury—which the plaintiffs failed to establish. The decision curbs judicial […]
“The Quest to Normalize Questments” explores the use of “questments”—a hybrid of questions and statements—in cross-examination, advocating for their normalization as an effective trial tool. While cross-examination is a vital aspect of the adversarial trial system, governed by the Federal Rules of Evidence, courts remain inconsistent in recognizing questments as valid leading questions. The article […]