Articles:
The Outrageous God: Emotional Distress, Tort Liability, and the Limits of Religious Advocacy
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 you,” “Thank God for dead soldiers,” and “Semper fi fags.” . . . [keep reading]
Reviving the Forgotten American Dream
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 admit to some misgivings about how our present capitalist system is functioning . . . [keep reading]
Risky Business: Popular Images and Reality of Capital Markets Handling Risk—From the Tulip Craze to the Decade of Greed
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 American Revolution. The Gilded Age and railroad building are surveyed. The article concludes with the Decade of Greed, the 1980s, as envisioned in film. While popular portraits are entertaining, the historic and economic reality is much
different. Speculators play an important role providing capital and liquidity, risk taking, and rationing of resources critical for market economies . . . [keep reading]
Arbitrating Wrongful Death Claims for Nursing Home Patients: What is Wrong with this Picture and How to Make it “More” Right
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 claim based on the arbitration clause in the patient’s admissions contract
. . . [keep reading]
Comments:
National Interest Electric Transmission Corridors: Will State Regulators Remain Relevant?
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 new electric transmission infrastructure. New transmission lines are needed, for example, to accommodate increased generation capacity meant to satisfy consumer demand or to replace antiquated equipment . . . [keep reading]
The Purse’s Pardon: How an Amendment to H.R. 3093 Challenges Executive Power
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 creates the law, the Executive enforces the law, and the
Judiciary interprets the law. Each has its own roles and responsibilities within that framework, but each is nonetheless interdependent. Nearly any action of one branch implicates the roles and responsibilities of all branches. This Comment will analyze a specific instance of one branch’s action that implicates the roles of all: a suspect provision of an appropriations bill passed by the legislature that may affect the roles and duties of not only the legislature itself, but also the judiciary, and, most importantly, the executive as well . . . [keep reading]
Falling Through the Cracks: How the 20/40 Rule Discriminates Against Women Seeking Social Security Disability Insurance Benefits and What Congress Can Do About It
By Sarah E. Hoffman. 113 Penn St. L. Rev. 621.
The Social Security Administration (“SSA”) determines eligibility for Social Security Disability Insurance (“SSDI”) benefits on the basis of both the disability and the work history of the applicant. The 20/40 rule is a tool used by the SSA to evaluate whether an applicant’s work history is sufficient to award benefits. The rule provides that “[a]n individual shall be insured for disability insurance benefits in any month if . . . he [or she] had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred. . . .” Because the 20/40 rule requires recent and substantial work activity, it may discriminate against women, who leave their jobs much more frequently than men to care for their children. . . [keep reading]
Justice for Dusty: Implementing Mandatory Minimum Sentences for Animal Abusers
By Kirsten E. Brimer. 113 Penn St. L. Rev. 649.
In July 2001, Michael Welch beat Dusty to death over a period of two hours. Taking breaks only to consume more alcohol, Welch continued to bludgeon his victim with a sledgehammer and a baseball bat until his neighbor, hearing cries of pain, called the police. Although Welch was charged and the case went to trial, he received a mere three
years of probation. . . [keep reading]