Penn Statim: The Online Companion to the Penn State Law Review

By Alan J. Oxford, II*
Published December 6, 2015

I. Introduction

Morpheus: Have you ever had a dream, Neo, that you were so sure was real? What if you were unable to wake from that dream? How would you know the difference between the dream world and the real world?
Neo: This can’t be.
Morpheus: Be what? Be real? ….

By Stephen F. Ross and Wayne S. DeSarbo*
Published January 27, 2015

Abstract

This Article reviews the recent and highly publicized district court decision holding that NCAA rules, which bar student-athletes from any compensation for image rights, violated the Sherman Act, and that big-time athletic programs could lawfully agree among themselves to limit compensation to $5,000 annually in trust for

By James Cleith Phillips*
Published October 8, 2014

Introduction

An appellate court decision is like a marriage. Sometimes it is childless. Sometimes it produces healthy progeny. And sometimes it is doomed to spawn generations of deformed doctrine. The U.S. Court of Appeals for the Ninth Circuit’s holding last year in Reed v. Gilbert II[1] falls in this last

By Steve Cohen*
Published September 28, 2014

I. Introduction

Hospitals can be very dangerous places. Between 44,000 and 98,000 patients are killed every year in hospitals—and many more are injured—due to medical error. A landmark study, “To Err is Human,” conducted by the Institute of Medicine (“IOM”) uncovered these findings in 1999.[1]

Josef Stalin is reputed to have said,