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Disclosure of Free Cash Flow Projections in a Merger or Tender Offer

January 12, 2012

Disclosure of Free Cash Flow Projections in a Merger or Tender Offer By Jacob M. Mattinson. 116 Penn St. L. Rev. 577. In what is unlikely to be the last in a long line of hotly debated cases, spanning at least the last decade, the Delaware Court of Chancery recently held that management’s free cash [...]

Help Me Help You: An Answer to the Circuit Split Over the Delegation of Post-Sentence Judicial Authority to Probation Officers

January 12, 2012

Help Me Help You: An Answer to the Circuit Split Over the Delegation of Post-Sentence Judicial Authority to Probation Officers By David Kelch. 116 Penn St. L. Rev. 553. Our criminal system routinely deals with such matters as the life and death and intertwined fates of criminals and their victims. Other than lawyers, judges, and [...]

Guardianships on Life-Support: How In re D.L.H. Impacts Surrogate Decision Making in Pennsylvania

January 12, 2012

Guardianships on Life-Support: How In re D.L.H. Impacts Surrogate Decision Making in Pennsylvania By Jonathan L. DeWald. 116 Penn St. L. Rev. 525. At 2:47 A.M., Nancy’s breathing stopped. Joe reached his hand to Nancy’s face and pulled her eyelids closed. Uncle George looked back into the room and saw the end had come. He [...]

Roll Sushi, Roll: Defining “Sushi Grade” for the Consumer and the Sushi Bar

January 12, 2012

Roll Sushi, Roll: Defining “Sushi Grade” for the Consumer and the Sushi Bar By Brandt T. Bowman. 116 Penn St. L. Rev. 495. Behind the glass partition of the sushi counter, a young sushi chef meticulously slices a fresh piece of Bluefin tuna, carefully molds it around a ball of vinegared rice, and artfully arranges [...]

A Second Sitting: Assessing the Constitutionality and Desirability of Allowing Retired Supreme Court Justices to Fill Recusal-Based Vacancies on the Bench

January 10, 2012

A Second Sitting: Assessing the Constitutionality and Desirability of Allowing Retired Supreme Court Justices to Fill Recusal-Based Vacancies on the Bench By Rebekah Saidman-Krauss. 116 Penn St. L. Rev. 253. “Could we not have a provision in the law for some mechanism that retired Supreme Court [J]ustices could be asked to sit on the Court [...]

Fruit of the Vine: Understanding the Need to Establish Wineries’ Rights Under the Right to Farm Law

January 10, 2012

Fruit of the Vine: Understanding the Need to Establish Wineries’ Rights Under the Right to Farm Law By Katherine Pohl. 116 Penn St. L. Rev. 223. In the age of the Slow Food Movement, Americans are increasingly embracing a farm-to-table philosophy. People are generating an awareness of where their food comes from and are becoming [...]

Standing Alone?: The Michigan Supreme Court, the Lansing Decision, and the Liberalization of the Standing Doctrine

January 10, 2012

Standing Alone?: The Michigan Supreme Court, the Lansing Decision, and the Liberalization of the Standing Doctrine By Kenneth Charette. 116 Penn St. L. Rev. 199. Standing refers to a litigant’s ability to bring a specific cause of action before a court. A litigant’s failure to demonstrate the necessary requirements of standing to sue will result [...]

Hey! Universities! Leave Them Kids Alone!: Christian Legal Society v. Martinez and Conditioning Equal Access to a University’s Student-Organization Forum

January 10, 2012

Hey! Universities! Leave Them Kids Alone!: Christian Legal Society v. Martinez and Conditioning Equal Access to a University’s Student-Organization Forum By David Brown. 116 Penn St. L. Rev. 163. Imagine the following scenario: You are a student at the unimaginatively-named Public University. You and a handful of other students form a student organization on campus [...]

6+5 = Discrimination? Why FIFA’s Proposed Quota Rule Doesn’t Add Up

October 22, 2011

6+5 = Discrimination? Why FIFA’s Proposed Quota Rule Doesn’t Add Up By David D’Orlando. 115 Penn St. L. Rev. 749. In May, 2008, at the 58th Congress in Sydney, Australia, FIFA’s governing members passed a resolution on the proposed “6+5 Rule.” One hundred fifty-five out of the two hundred possible votes were cast in favor [...]

Beanballs and Baseball: Private Remedies vs. Criminal Sanctions for Violence in Baseball

October 22, 2011

Beanballs and Baseball: Private Remedies vs. Criminal Sanctions for Violence in Baseball By Kelli Amanda Metzger Knerr. 115 Penn St. L. Rev. 727. On August 10, 2009, the tension between the Boston Red Sox and the Detroit Tigers began to escalate when a pitch hit Detroit Tigers’ first baseman Miguel Cabrera while he was at [...]

Distracted Driving: How Technological Advancements Impede Highway Safety

October 21, 2011

Distracted Driving: How Technological Advancements Impede Highway Safety By Amy L. Brueckner. 115 Penn St. L. Rev. 709. Traffic safety has long been a concern of the United States’ legal system. In 1966, the passage of the Highway Safety Act and the National Traffic and Motor Vehicle Safety Act empowered the federal government with the [...]

Can You Hear Me? Will the Diminishing Scope of ERISA’s Anti-Retaliation Provision Drown the Cries of Whistleblowers?

October 21, 2011

Can You Hear Me? Will the Diminishing Scope of ERISA’s Anti-Retaliation Provision Drown the Cries of Whistleblowers? By Malena Kinsman. 115 Penn St. L. Rev. 685. In 1974, Congress enacted the Employee Retirement Income Security Act (ERISA) to protect the retirement benefits of America’s working men and women. ERISA imposes fiduciary responsibilities upon the administrators [...]

I Want a Piece of That! How the Current Joint Inventorship Laws Deal with Minor Contributions to Inventions

October 1, 2011

I Want a Piece of That! How the Current Joint Inventorship Laws Deal with Minor Contributions to Inventions By Christopher McDavid. 115 Penn St. L. Rev. 449. After observing a new invention, have you ever muttered to yourself, “Why didn’t I think of that?” Before criticizing your own lack of individual creativity, you should keep [...]

Clean & Green: Tidying Up the Farm Tax Subsidy

October 1, 2011

Clean & Green: Tidying Up the Farm Tax Subsidy By Joshua Wilkins. 115 Penn St. L. Rev. 473. Agriculture is one of our most important industries, and it is under constant threat. Agricultural operations have been experiencing reduced profits, increased costs associated with working capital, and the expense of complying with ever-increasing environmental regulations. Combined [...]

Olé, Olé, Olé, Oh No!: Bullfighting in the United States and Reconciling Constitutional Rights with Animal Cruelty Statutes

October 1, 2011

Olé, Olé, Olé, Oh No!: Bullfighting in the United States and Reconciling Constitutional Rights with Animal Cruelty Statutes By Angela N. Velez. 115 Penn St. L. Rev. 497. Consider scenario one. A dog lies on the cold, hard floor of a dark room. He has not eaten for days. A door suddenly opens, providing a [...]

The Breaking Point: Examining the Potential Liability of Maple Baseball Bat Manufacturers for Injuries Caused by Broken Maple Baseball Bats

October 1, 2011

The Breaking Point: Examining the Potential Liability of Maple Baseball Bat Manufacturers for Injuries Caused by Broken Maple Baseball Bats By Matthew A. Westover. 115 Penn St. L. Rev. 517. Both participating in and watching sporting events involves some risk of injury. The shelves of law libraries are filled with cases involving injuries sustained by [...]

Son of Blagojevich: A Look at the Constitutionality of Illinois’ New “Son Of Sam” Law

March 23, 2011

Son of Blagojevich: A Look at the Constitutionality of Illinois’ New “Son Of Sam” Law By Matthew N. Stewart. 115 Penn St. L. Rev. 289. “I’ve got this thing and it’s . . . golden. And I’m just not giving it up for . . . nothing. I’m not going to do it. And I [...]

Implied Causes of Action Under § 1396r: Why Grammer Reminds Nursing Home Residents to Actively Participate in Their Own Care

March 23, 2011

Implied Causes of Action Under § 1396r: Why Grammer Reminds Nursing Home Residents to Actively Participate in Their Own Care By Edward J. Cyran. 115 Penn St. L. Rev. 253. I. INTRODUCTION They made the mistake of thinking of a personality as some sort of possession, like a suit of clothes, which a person wears. [...]

The Employee Free Choice Act’s Interest Arbitration Provision: In Whose Best Interest?

March 23, 2011

The Employee Free Choice Act’s Interest Arbitration Provision: In Whose Best Interest? By Bryan M. O’Keefe. 115 Penn St. L. Rev. 211. The subject of robust labor law reform usually generates little interest with lawmakers. Before 2008, only once in the last 30 years has major labor law reform captured the attention of Congress. Yet, [...]

Slamming the Door in the Consumer’s Face: Courts’ Inadequate Enforcement of TILA Disclosure Violations and the False Hope of a Foreclosure Defense

March 23, 2011

Slamming the Door in the Consumer’s Face: Courts’ Inadequate Enforcement of TILA Disclosure Violations and the False Hope of a Foreclosure Defense By Michael Sabet. 115 Penn St. L. Rev. 183. Do you remember not remembering the word foreclosure? The late 1990s to early 2000s was certainly a wonderful time to be a homeowner. Everyone [...]

Individuals and Inheritance Taxes: A Praxeological Examination of Pennsylvania’s Inheritance Tax

April 19, 2010

By Timothy J. Witt. 114 Penn St. L. Rev. 1105 Much has been written regarding the economic effects of the federal estate tax, but relatively little has been published about state inheritance taxes and their economic consequences. Additionally, what has beenwritten has not been addressed primarily to a legal audience. The legal literature discussing the [...]

Moving Beyond Monkeys: The Expansion and Relocation of the Religious Curriculum Debate

April 19, 2010

By Anna M. Sewell. 114 Penn St. L. Rev. 1067 The sinful nature of humankind is not a danger often discussed in American government textbooks. In fact, such reflections are typically reserved for the pulpit. Nonetheless, at Calvary Chapel Christian School (“CCCS”), high school students are exposed to this language in their government book, they [...]

A Test of Democracy: Ethiopia’s Mass Media and Freedom of Information Proclamation

April 19, 2010

By Tracy J. Ross. 114 Penn St. L. Rev. 1047 David Ben-Gurion once said, “The test of democracy is freedom of criticism.” Freedom of criticism has long been recognized as an essential, inalienable human right; a right that is thought to transcend political and geographical borders and applies regardless of culture, language, and national origin. [...]

Pennsylvania’s Taxpayer Relief Act: Big Gamble Pays Off for Some, But Most Lose Their Shirt

April 19, 2010

By Jaime S. Bumbarger. 114 Penn. St. L. Rev. 1003 There is perhaps no greater debate in America than the one surrounding taxes, whether it is at the national, state, or local level. While taxes serve the important purpose of funding government programs, they also bear quite a burden on taxpayers. For example, property taxes [...]

Is Hate Speech Becoming the New Blasphemy? Lessons from an American Constitutional Dialectic

November 1, 2009

By Justin Kirk Houser.  114 Penn St. L. Rev. 571. On May 10, 1836, as they were going about their daily business in New Castle County, Delaware, numerous citizens were shocked and alarmed to hear Thomas Jefferson Chandler exclaim in a loud voice, “The Virgin Mary was a whore, and Jesus Christ was a bastard!”   [...]

Balancing Police Action Against an Underdeveloped Fundamental Right: Is There a Right to Travel Freely on Public Fora?

November 1, 2009

By Andrew M. Schnitzel.  114 Penn St. L. Rev. 667. Violent crime fueled by drug profits is not a new problem for our nation’s inner cities.  Police struggle to adapt their tactics to changing street conditions while still safeguarding the constitutional rights of citizens they have sworn to protect.  The summer of 2008 marked a [...]

Puppy Lemon Laws: Think Twice before Buying that Doggy in the Window

November 1, 2009

By Stephanie K. Savino.  114 Penn St. L. Rev. 643. Consider the following hypothetical:  a couple’s children beg their parents to “just take a look” at the puppies in the local pet store.  After the couple gives in and enters the store, the entire family instantly falls in love with the soulful-eyed puppy behind the [...]

Mr. Pink Never Leaves a Tip: How Current Tip Credit and Tip Pool Guidelines Leave Employees at the Mercy of Employers

November 1, 2009

By Neil Patrick McConnell.  114 Penn St. L. Rev. 621. At every restaurant there is the familiar sound of after-meal chatter, everyone at the table giving their closing thoughts as to what the cooks did correctly or the criticisms from the dining companion who has watched too many episodes of Bravo’s “Top Chef.”  The bill [...]

Stormans and the Pharmacists: Where Have All the Conscientious Rx Gone?

August 30, 2009

By Jason R. Mau.  114 Penn St. L. Rev. 293. The “right of conscience” is a term that is likely to elicit strong feelings in any context.  Use that same phrase with the word “pharmacist” and these strong feelings will most likely be heightened, because they involve issues of reproduction and First Amendment rights, both [...]

Freedom from the Press: Why the Federal Propaganda Prohibition Act of 2005 is a Good Idea

August 30, 2009

By Stas Getmanenko.  114 Penn St. L. Rev. 251. This Comment reviews First Amendment freedom of the press through the prism of technological change brought about in the last decade.  When the First Amendment  secured fundamental human liberties in 1791, its main purpose was to oppose tyranny.   The passage of the First Amendment was a [...]