Articles:
History, Transparency, and the Establishment Clause: A Proposal for Reform
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 Supreme Court, is believed to be true about the past” actually lives in the present—it forms a narrative that shapes doctrine, determines outcomes, and affects lives . . . [keep reading]
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
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 merits of both sustainable development in general and specific sustainable building standards . . . [keep reading]
The Beat Should Not Go On: Resisting Early Calls for Further Extensions of Copyright Duration
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, and political commentator, fired an opening salvo in this campaign with a 2007 op-ed, A Great Idea Lives Forever. Shouldn’t Its Copyright? . . . [keep reading]
How to Block Cartel Formation and Price Fixing: Using Extraterritorial Application of the Antitrust Laws as a Deterrence Mechanism
By John M. Connor and Darren Bush. 112 Penn St. L. Rev. 813.
In an age of increasing international commerce, it should come as no surprise that international cartels are on the upswing. As competition becomes international in scope, so do the competitive pressures on businesses. One method of potentially eliminating the effects of competition upon business (providing products at cost and thereby diminishing profit) is to unite with one’s competition, turning one’s competitor into a friend and one’s customer into an enemy. [keep reading]
Comments:
Splitting the Ninth Circuit: An Administrative Necessity or Environmental Gerrymandering?
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 in history. Split proponents and opponents alike vehemently defend their positions, well aware that such a split could substantially change the judicial atmosphere in the western United States . . . [keep reading]
Kourkounakis v. Della Russo: Should a Trial Judge Be Permitted to Independently Google an Expert Witness to Determine Credibility?
By Katrina Hall. 112 Penn St. L. Rev. 885.
While justice is contemporarily depicted by a blindfolded goddess carrying scales and holding a sword, earlier versions of this image portray the woman without a blindfold, which was added only within the last four hundred years. The blindfold represents a safeguard against “information that could bias or corrupt her.” The scales signify evenhandedness; while the sword represents an uncompromising character . . . [keep reading]
The Key to Unlocking the Partial Lockout: A Discussion of the NLRB’s Decisions in Midwest Generation and Bunting Bearings
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 sets forth guidelines permitting and proscribing certain activity . . . [keep reading]