Temple Law Review Online
Volume 89, Online

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.

By Merritt Baer [PDF]

This Article examines whether Scalia’s reasoning in Employment Division v. Smith should be the appropriate rationale adopted by the Court when reviewing laws that may burden religious freedom, in rejection of the heightened religious protections afforded by the Religious Freedom Restoration Act.

By Martha Swartz [PDF]

This Article undertakes an empirical analysis in an attempt to answer the question of whether law clerks who have clerked for multiple Supreme Court Justices have nudged them to agree on case holdings during the clerks’ second terms on the Court.

By Michael P. Kenstowicz [PDF]