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2019 Annual Volume The First Amendment and Data Privacy

The First Amendment and Data Privacy

Article By: Kathryn Peyton 2019 PEPP. L. REV. 51 (2020) Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections.  People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to …

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2019 Annual Volume Placebo Marks

Placebo Marks

Article By: Jake Linford 47 PEPP. L. REV. 45 (2019) Scholars often complain that sellers use trademarks to manipulate consumer perception. This manipulation ostensibly harms consumers by limiting their ability to make informed choices. For example, holding other things constant, consumers spend more money on goods with a high-performance reputation. Critics characterize that result as …

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2019 Annual Volume When Is Due Process Due?: The Impact of Title IX Sexual Assault Adjudication on the Rights of University Students

When Is Due Process Due?: The Impact of Title IX Sexual Assault Adjudication on the Rights of University Students

Article By: Rachael A. Goldman 47 PEPP. L. REV. 185 (2019) As a part of the Educational Amendments of 1972, Title IX was created to address sex discrimination in sports programs receiving federal funding. However, its scope has ballooned tremendously over the years to include a variety of conduct occurring on college campuses. Currently, Title …

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2019 Annual Volume Administrative Law: Whose Job Is It Anyway?

Administrative Law: Whose Job Is It Anyway?

Article by: Allison Mather 47 PEPP. L. REV. 143 (2019) This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference …

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2019 Annual Volume Filling the Illinois Federal District Court Vacancies

Filling the Illinois Federal District Court Vacancies

Article By: Carl Tobias 47 PEPP. L. REV. 115 (2019) President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly …

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2019 Annual Volume Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution?

Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution?

Article By: Clay Calvert 47 PEPP. L. REV. 1 (2019) This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National …

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2019 Annual Volume A Call for America’s Law Professors to Oppose Court-Packing

A Call for America’s Law Professors to Oppose Court-Packing

Article By: Bruce Ledewitz 2019 PEPP. L. REV. 1 (2019) A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency …

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2019 Annual Volume Court Expansion and the Restoration of Democracy: The Case for Constitutional Hardball

Court Expansion and the Restoration of Democracy: The Case for Constitutional Hardball

Article by: Aaron Belkin 2019 PEPP. L. REV. 19 (2019) Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration …

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