Spotlight

Founded in 1927, Temple Law Review is a student-edited, quarterly journal dedicated to providing a forum for the expression of new legal thought and scholarly commentary on important developments, trends, and issues in the law. 

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Kenneth A. Stahl

This Article addresses the question of how to balance society’s aspiration for inclusion against its practical need for exclusion and suggests compromises between inclusion and exclusion that may help make inclusive communities a reality.

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Christopher C. French

This Article challenges the conventional wisdom that insurance policies are standardized contracts, argues that insurance policies do not actually qualify as contracts under the doctrinal and theoretical bases of contract formation, and advocates for a reform of insurance law.

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Liza B. Fleming

This Comment argues that § 10(b) of the Securities Exchange Act of 1934 and its implementing regulations are broader and more ambiguous than other administrative laws and regulations that carry criminal penalties.

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Leslie E. Minora

This Comment aims to provide a roadmap of the key steps a U.S. court would take if it were to analyze the domestic application of the right to be forgotten, a law which allows citizens of the European Union to petition search engines to remove reputation-damaging links. The Comment recommends that a U.S. court should not enforce Europe’s right to be forgotten, if and when a court faces this decision.

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A. Mayer Kohn

This Note examines the impact of Tincher v. Omega Flex on evidentiary issues in Pennsylvania defective design products liability litigation, specifically the admission of industry standards and practices evidence to prove or defend against strict liability claims.

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Merritt Baer

The reflexive nature of the argument that the criminality of an act can reside in the definition of it—an argument that this Article terms “reflexive violence”—creates a self-reinforcing regime. This Article demonstrates that the creation of reflexive violence as a justification, and the use of it as a logical device in theories of criminality, is both typical of cyberlaw and dangerous for the future of the First Amendment.

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Jonathan Talisman

This Article—a response to Harry L. Gutman’s The Saga of Unfulfilled Business Income Tax Reform—attempts to help advance the tax reform cause and ensure that we explore and exhaust all tax reform options. In so doing, the Article briefly explains the differences among the various consumption tax options and then addresses several of the more significant questions that policymakers must weigh in deciding whether to adopt a consumption tax reform approach and which approach to choose.

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Martin A. Sullivan

This Article—a response to Harry L. Gutman’s The Saga of Unfulfilled Business Income Tax Reform—argues that three questions must be answered for the value-added tax (VAT) to garner public support from Congress. The Article answers these questions and ultimately concludes that, as Congress searches through tax reform options it has thus far chosen to ignore, it will eventually realize that Gutman’s or a similar plan is the logical choice.

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Paul Oosterhuis

This Article—a response to Harry L. Gutman’s The Saga of Unfulfilled Business Income Tax Reform—argues that enacting a VAT lies beyond the tax reform that will likely happen in 2017 or 2018. It urges policymakers like Gutman to seriously consider the consumption tax alternatives that they currently reject, including variants of the House Republicans’ A Better Way proposal, that could be second-best solutions.

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Samuel A. Lapin

This Comment explores the distinction between promoting the sale of goods and attempting to influence legislation, and focuses on that distinction in answering the question of whether advertising expenditures may appropriately be deducted under § 162(e) of the Internal Revenue Code.