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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. [...]

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!”   [...]

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 [...]

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 [...]

By Dominic Rupprecht.  114 Penn St. L. Rev. 333. It is unclear exactly how many of the 3,228 inmates on death row are mentally incompetent. A BBC report placed the number at approximately 10%. Some clinical studies have found as many as 40% or even 70% of surveyed inmates are psychotic. Whether the actual number [...]

By Linas E. Ledebur. 113 Penn St. L. Rev. 899. Justices become binding precedent? What about one signed by three Justices? Can you go so far as to say an opinion signed onto by only a single Justice can be binding precedent? The answer is yes, and many opinions signed onto by less than a [...]

By Erin R. Kawa. 113 Penn St. L. Rev. 599. The system of governance in the United States is a dynamic one. Power is divided between the federal and state governments, and then further divided between the three branches of the Federal Government itself. At the most basic level within the Federal Government, the Legislature [...]

By Erich W. Struble. 113 Penn St. L. Rev. 575. Electric transmission lines transport much needed energy to homes and businesses across the United States. Electric utilities traditionally provided electric transmission service in a market regulated primarily by state authorities.  An important part of such state regulation included approving or disapproving utilities’ applications to site [...]

By Angelica M. Sinopole.  113 Penn St. L. Rev 329. In an effort to restrain a popular fashion – saggy pants – and to remedy the problems allegedly associated with that fashion, cities across the nation are passing so-called “anti-sag ordinances.”  Critics have protested the bans on saggy pants, including the proposed ordinance in Atlanta, [...]

By Travis S. Hunter.  113 Penn St. L. Rev 267. As the United States begins to confront global warming and global climate change, the question remains as to how these regulations will affect society. Presumably, corporations producing greenhouse gases will be sued for breaching carbon emissions statutes set by the EPA, and presumably, someone will [...]

By  C. Quincy Ewell. 112 Penn St. L. Rev. 907. Collective bargaining consists of negotiations between an employer and a group of employees, who are usually represented by a labor union, in an effort to determine the conditions of employment.  Collective bargaining is governed by the National Labor Relations Act (NLRA or the Act), which [...]

By Frank Tamulonis III.  112 Penn St. L. Rev. 859. The debate to divide the Ninth Circuit Court of Appeals (the “Ninth Circuit” or the “Circuit”) is not a new one. Indeed, the debate has raged for decades. Nonetheless, the Ninth Circuit split debate continues and is just as heated today as at any point [...]