Category: Past Issues

Elizabeth Ann Kronk Warner. Justice Brandeis first famously wrote of a system of federalism where states would serve as laboratories of regulatory experimentation, allowing other states and the federal government to benefit from successful regulatory experiments. Although likely beyond the…

Joanna M. Shepherd & Judd E. Stone II. Despite a rapid increase in economic significance and substantial increase in international use, third-party litigation financing remains poorly understood. No academic consensus takes account of the multiple economic conundrums that third-party litigation financing…

Donald P. Harris. Imagine this scenario. Mary Saint Francis was a longtime librarian of limited means. She had always dreamed of becoming a successful writer and living the way “the other half” lived, retiring from the library and traveling around…

D. Alex Winkelman, David V. Yokum, Lisette C. Cole, Shelby C. Thompson & Christopher T. Robertson. Trials are often imperfect. When inadmissible evidence is introduced or the jury is incorrectly instructed, judges must determine whether the error was prejudicial or merely harmless.…

Brian M. McCall. Warren Buffett once referred to derivatives as “financial weapons of mass destruction.” Academics, analysts, politicians and regulators have argued that one form of derivative contract was responsible, at least in significant part, for the mass destruction of the financial system…

Perry Thomas Klauber. The federal courts are divided concerning the interpretation of the general, federal removal statute 28 U.S.C. § 1441(a). The statute states that a defendant can remove any civil action from state court to a federal district court so long as…

Trina Jones. "Janet’s perfect for that job . . . [b]ecause for that job, you have to have no life. Janet has no family. Perfect. She can devote, literally, 19, 20 hours a day to it." Former Pennsylvania Governor Ed Rendell made…

Kit Johnson. Legal scholarship lacks a comprehensive account of the theoretical underpinnings of immigration law. This Article attempts to fill that void by identifying four theories to explain various aspects of immigration law and the arguments advanced in support of such law: (1) individual…

Oren Gross. Many regard the Constitution as part of the holy trinity of American secular religion. A venerated document, it is often referred to in religious terms. A “kind of Ark of the Covenant of the New Israel that is America,” this “most…

Derek Funk. The legal definition of marriage is currently a prominent issue in political debates and courtrooms across the nation.  Up until the late 1990s, state and federal law universally defined marriage as between a man and a woman.  The push for recognition…