Congratulations to Pete Veloski, whose comment from TLR Vol. 86.2 [“BARGAIN FOR JUSTICE OR FACE THE PRISON OF PRIVILEGES? THE ETHICAL DILEMMA IN PLEA BARGAIN WAIVERS OF COLLATERAL RELIEF“] was recently cited in a decision by the Supreme Court of Kentucky! See U.S., ex rel. U.S. Attorneys ex rel. E., W. Districts of Kentucky v. Kentucky Bar […]
Zivotofsky v. Secretary of State has spurred debate about the “Recognition Power,” or the ability to decide which foreign states the United States will recognize. The issue sits at the intersection of the Executive and Legislative branches, where foreign policy, politics, and constitutional law collide. It is unclear how the Court will rule—it may actually sidestep the […]
Bill Whitford (Emeritus Professor of Law, The University of Wisconsin Law School) has written extensively on contract law, consumer protection, and bankruptcy. In advance of its 2014 Symposium—to be held in his honor on October 24—Temple Law Review has compiled many of Professor Whitford’s significant contributions to legal scholarship. Please explore the extensive—albeit non-exhaustive—list of Professor Whitford’s writings below. It is organized […]
On Thursday, October 9, 2014 at 4:00 PM, Chief Justice Leo E. Strine, Jr.—the 8th Chief Justice of the Delaware Supreme Court—will present “Regular (Judicial) Order As Equity: The Enduring Value Of The Distinct Judicial Role” as the inaugural speaker in the Harold E. Kohn Lectureship. This event marks what would have been the 100th […]
I. Introduction In a case arising under the Individuals with Disabilities Education Act (IDEA),[1] the Third Circuit in Munir v. Pottsville Area School District[2] considered whether a student’s parents were entitled to reimbursement for the student’s placement in therapeutic residential treatment programs following several suicide attempts.[3] The court also considered whether the school district violated IDEA by failing to provide […]
I. Introduction In a case of first impression, the Third Circuit in Hart v. Electronic Arts, Inc.[1] considered whether the First Amendment protected the use of a collegiate football player’s likeness, represented in a digital avatar.[2] The Third Circuit unanimously agreed that the transformative use test is the proper test to balance the player’s right of publicity with […]
Federal preemption analysis under the 2007 Amendments of the Federal Railroad Safety Act’s (FRSA) 49 U.S.C. § 20106 (2006 & Supp. I 2009) contains two steps as articulated by the Third Circuit in Zimmerman v. Norfolk Southern Corporation, 706 F.3d 170 (2013). The court must first determine whether the defendant allegedly violated either a federal standard […]
We sat down with Professor Salil Mehra to discuss the Third Circuit’s recent decision in ZF Meritor, LLC v. Eaton Corp., how it compares to their earlier decision in LePage’s Inc. v. 3M, and the Third Circuit’s antitrust jurisprudence generally. [ensemblevideo contentid=zcFUC90m1066bOy6D4J9EQ audio=true autoplay=false] Audio Interview by: Alison Stohr and Jared DeBona
The Third Circuit in In re Michael, 699 F.3d 305 (3d Cir. 2012), held that funds acquired by a debtor after filing a Chapter 13 bankruptcy which, at time of conversion, had not been distributed to his creditors revert back to the debtor unless the conversion occurs in bad faith. In Re Barry L. Michael (pdf) Introduction […]
During the 2012 TLR Symposium held on November 9, 2012, Dr. Richard J. Ofshe, Professor of Sociology at the University of California-Berkeley, presented his article “Overcoming False Confessions and Coerced Statements in the Dawning Age of Interrogation Recordation.” Dr. Ofshe, one of the leading scholars in the field of false confessions and interrogations, believes that […]