Articles

Playing the Proof Game: Intelligent Design and the Law

February 1, 2009

By Frank S. Ravitch.  113 Penn St. L. Rev. 841. Intelligent design advocates argue that excluding intelligent design from educational and scientific environments discriminates in favor of methodological naturalism and against other approaches for understanding natural phenomena. These arguments are flawed both legally and philosophically. In order to succeed ID advocates need to demonstrate that [...]

The Ethics of Mining for Metadata Outside of Formal Discovery

February 1, 2009

By Elizabeth W. King.  113 Penn St. L. Rev. 801. One of the most familiar ethical issues in the practice of law is the conflict between advocating on behalf of a client and maintaining standards of professional ethics.  As technology in the practice of law increases, lawyers are facing a greater number of ethical challenges.  [...]

John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights

February 1, 2009

By Mark S. Scarberry.  113 Penn St. L. Rev. 733. Leland’s self-written Epitaph: “Here lies the body of John Leland, who labored 67 years to promote piety and vindicate the civil and religious rights of all men.”  “He played a substantial part in molding [an] American tradition that is full of meaning to all of [...]

Risky Business: Popular Images and Reality of Capital Markets Handling Risk—From the Tulip Craze to the Decade of Greed

October 1, 2008

By Christian C. Day.  113 Penn St. L. Rev. 461. Speculators are often portrayed in popular culture as predatory businesspeople. Sometimes they are seen as fools. But, the portraits are often ill-informed. This article studies speculation found in Tulip Mania and the South Sea Bubble. The article then focuses on speculation in debt from the [...]

Reviving the Forgotten American Dream

October 1, 2008

By Geoffrey D. Korff.  113 Penn St. L. Rev. 417. It is difficult to talk about wealth inequality in public forums without at some point being labeled a socialist or some form of extreme leftist.  The discussion, however, continues to be had by capitalists and socialists alike. My ideology is the former, but I will [...]

The Outrageous God: Emotional Distress, Tort Liability, and the Limits of Religious Advocacy

October 1, 2008

By Jeffrey Shulman.  113 Penn St. L. Rev. 381. When Matthew Snyder died fighting for his country, his memory was celebrated, and his loss mourned.  The Westboro Baptist Church conducted a celebration of a different kind by picketing near Matthew’s funeral service.   The church held signs that read, “You are going tohell,” “God hates [...]

Arbitrating Wrongful Death Claims for Nursing Home Patients: What is Wrong with this Picture and How to Make it “More” Right

October 1, 2008

By Suzanne M. Scheller.  113 Penn St. L. Rev. 527. Consider the following example: an elderly patient with advanced Alzheimer’s disease dies after being beaten and raped while in an assisted living facility. The beneficiaries bring a wrongful death claim against the owner of the facility. The facility then seeks to compel arbitration of the [...]

Securities Fraud, Recidivism, and Deterrence

June 1, 2008

By Jayne W. Barnard.  113 Penn St. L. Rev 189. Legal scholars have expended considerable energy on the study of high-level securities fraud violators-Ken Lay, Bernie Ebbers, Dennis Kozlowski, etc.  There has been little attention, however, to the perpetrators of “retail” securities fraud-the con artists who sell bogus stock over the Internet, orchestrate elaborate pump-and-dump [...]

Nihilism with a Happy Ending? The Interstate Commerce Commission and the Emergence of the Post-Enlightenment Paradigm

June 1, 2008

By Mark F. Kightlinger.  113 Penn St. L. Rev 113. This Article examines early Supreme Court opinions about the Interstate Commerce Commission (ICC)-the first federal administrative agency-in an effort to identify the intellectual roots of the modern administrative state.  The Article argues that the Court’s effort to explain and justify the function of the newborn [...]

After the Gold Rush-Part II

June 1, 2008

By Daniel R. Williams.  113 Penn St. L. Rev 55. Daniel R. Williams expands on his previous article After the Gold Rush Part I. Long ago, in a bygone era of barbarism, cruelty, and darkness, before an Enlightenment era ushered in a human-rights consciousness, before the great revolutions created space for republican government to form [...]

A Dearth of Remedies

June 1, 2008

By Elizabeth D. De Armond.  113 Penn St. L. Rev 1. Federal privacy statutes purport to solidify norms for the privacy of our personal information, whether financial, medical, or other.  Given the importance of privacy norms and the tradition of rights and remedies for privacy at the state level, states should seek to push their [...]

The Beat Should Not Go On: Resisting Early Calls for Further Extensions of Copyright Duration

February 1, 2008

By Arlen W. Langvardt.  112 Penn St. L. Rev. 783. The campaign began even earlier than I thought it would. No, not the 2008 presidential campaign, although that one began far too early as well. Instead, I mean the campaign for yet another extension of copyright duration. Mark Helprin, an accomplished novelist, short-story writer, essayist, [...]

Using Mandates and Incentives to Promote Sustainable Construction and Green Building Projects in the Private Sector: A Call for More State Land Use Policy Initiatives

February 1, 2008

By Carl J. Circo.  112 Penn St. L. Rev. 731. Green building technology has arrived. Green, or high performance, building practices primarily involve the design, construction, and operation of buildings and other facilities in ways that preserve natural resources and protect the environment for generations to come. Policy, technical, and legal journals convincingly argue the [...]

History, Transparency, and the Establishment Clause: A Proposal for Reform

February 1, 2008

By Lisa Shaw Roy.  112 Penn St. L. Rev. 683. When the U.S. Supreme Court began to write about the historical roots of religious freedom, it was inevitable that scholarly attention would be captured. History is a grand subject in which we all have a very real stake. “[T]hat which, in the opinions of the [...]

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