Article by: Derek T. Muller 46 PEPP. L. REV. i (2019) In Lewis Carroll’s Through the Looking Glass, Alice travels…
Property Convergence in Takings Law
Article by: Maureen E. Brady 46 PEPP. L. REV. 695 (2019) Although one of the key questions in a federal…
Federalism Limits on Non-Article III Adjudication
Article by: F. Andrew Hessick 46 PEPP. L. REV. 725 (2019) Although Article III of the Constitution vests the federal…
Our Campaign Finance Nationalism
Article by: Eugene D. Mazo 46 PEPP. L. REV. 759 (2019) Campaign finance is the one area of election law…
A Defense of the Electoral College in the Age of Trump
Article by: John Yoo 46 PEPP. L. REV. 835 (2019) In the aftermath of the 2016 U.S. Presidential Election, where…
Hybrid Federalism and the Employee Right to Disconnect
Article by: Paul M. Secunda 46 PEPP. L. REV. 875 (2019) The federal Occupational Safety and Health Administration (OSHA) administers…
Securities Treatment of Tokenized Offerings Under U.S. Law
Article by: Carol Goforth 46 PEPP. L. REV. 405 (2019) This Article considers how the SEC currently approaches the question of regulating…
Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts
Article by: Bruce N. Cameron & Blaine L. Hutchison 46 PEPP. L. REV. 471 (2019) In Abercrombie & Fitch, the…
Intending the Worst: The Case of ISIS’s Specific Intent to Destroy the Christians of Iraq
Article by: Eric Osborne, Matthew Dowd & Ryan McBrearty 46 PEPP. L. REV. 547 (2019) Genocide has been called the…
Digital Realty, Legislative History, and Textualism After Scalia
Article by: Michael Francus 46 PEPP. L. REV. 511 (2019) There is a shift afoot in textualism. The New Textualism…
The [Un]Fair Debt Collection Practices Act: A Critique of Henson v. Santander
Article by: Monica Paladini 46 PEPP. L. REV. 587 (2019) Congress was clear about its purposes and motivations behind enacting…
The Locke Exception: What Trinity Lutheran Means for the Future of State Blaine Amendments
Article by: Christopher Tyler Prosser 46 PEPP. L. REV. 623 (2019) At its core, this Article is about whether states…
“It Ain’t So Much the Things We Don’t Know That Get Us in Trouble. It’s the Thing We Know that Aint’s So”: The Dubious Intellectual Foundations of the Claim that “Hate Speech” Causes Political Violence
Article by: Gordon Danning 2018 PEPP. L. REV. 98 (2018) The United States is an outlier in its legal protection for what…
The Blue Devil’s In the Details: How A Free Market Approach To Compensating College Athletes Would Work
Article by: David A. Grenardo 46 PEPP. L. REV. 203 (2019) Everyone involved in the business of major college athletics, except the athletes,…
Taxing the Robots
Article by: Orly Mazur 46 PEPP. L. REV. 277 (2019) Robots and other artificial intelligence-based technologies are increasingly outperforming humans in…
The Court Can’t Even Handle Me Right Now: The Arpaio Pardon and Its Effect on the Scope of Presidential Pardons
Article by: Tyler Brown 46 PEPP. L. REV. 331 (2019) The Constitution grants the president the power to pardon individuals for…
Star Athletica Tells the Fashion Industry to Knock-It-Off with the Knockoffs
Article by: Samantha Burdick 46 PEPP. L. REV. 367 (2018) At any given fast fashion store, there may be a near…
THE BUSINESS OF GUNS: THE SECOND AMENDMENT & FIREARMS COMMERCE
Article by: Corey A. Ciocchetti 46 PEPP. L. REV. 1 (2018) Does the Second Amendment protect commerce in firearms? The simple answer…
PACTA SUNT SERVANDA
STATE LEGALIZATION OF MARIJUANA AND SUBNATIONAL VIOLATIONS OF INTERNATIONAL TREATIES: A HISTORICAL PERSPECTIVE
Article by: Brian M. Blumenfeld 46 PEPP. L. REV. 69 (2018) In November 2012, voters in the states of Colorado and Washington…
STRETCHING THE FIRST AMENDMENT: RELIGIOUS FREEDOM AND ITS CONSTITUTIONAL LIMITS WITHIN THE ADOPTION SECTOR
Comment by: Tracy Smith 46 PEPP. L. REV. 113 (2018) “The Constitution promises liberty to all within its reach, a liberty…
Title VII Protection: Zarda v. Altitude Express and Its Impact on the Judicial Fate of Sexual Orientation Discrimination
Case Note By: Lisa Russell 2018 PEPP. L. REV. 125 (2018) Title VII of the Civil Rights Act of 1964…
What Are The Judiciary’s Politics?
Essay by: Michael W. McConnell 45 PEPP. L. REV. 455 (2018) What are the politics of the federal judiciary, to…
The Pirate’s Code: Constitutional Conventions In U.S. Constitutional Law
Article By: Mark Tushnet 45 PEPP. L. REV. 481 (2018) A convention is a practice not memorialized in a formal…
How the Prohibition on “Under-Ruling” Distorts the Judicial Function (and What To Do About It)
Article by: A. Christopher Bryant and Kimberly Breedon 45 PEPP. L. REV. 505 (2018) Lower courts face a dilemma when…
Justice As Fair Division
Article by: Ian Bartrum, Kathryn Nyman, and Peter Otto 45 PEPP. L. REV. 531 2018 The current hyperpoliticization of the…
There Is No Such Thing as a Child Prostitute: Why Decriminalization Is Only the First Step in California
Comment by: Edrina Nazaradeh 45 PEPP. L. REV. 189 (2018) Prostituted minors are victims of the deceitful schemes of pimps,…