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. 

Sophia Waldstein

Open-file discovery, wherein defendants are entitled to all nonprivileged information in the prosecutor’s file regarding their cases, increases defendants’ bargaining power by reducing the uncertainties about trial risks. Pre-plea access to discovery provides defendants a more complete picture of the case against them so that they can more accurately calculate the benefit and risk of accepting a plea bargain. Open-file […]

Alison Slaughter

This Comment discusses the ways that patent law jurisprudence falls short in promoting innovation in precision medicine. Section II provides an overview of the diagnostic field and the patent eligibility of diagnostics as well as suggestions for drafting patent-eligible claims for diagnostics. Section III discusses the doctrine of divided infringement, when more than one entity performs steps in a […]

Emily Berg

This Comment provides a comprehensive assessment of the approaches various states have taken to mitigate the SALT deductions their citizens lost as a result of the $10,000 deduction cap. Section II provides readers with information on the history of the SALT deduction and how the cap came to be. Section III explores the reactions of some states to the […]

Myrisha S. Lewis

This Article challenges the view that the U.S. Food and Drug Administration (FDA) has exclusive jurisdiction over life sciences innovations. Many current and forthcoming life sciences innovations are “innovative therapies” such as gene editing, gene therapy, and regenerative stem cell treatments, which are actually “hybrids” of state and federal jurisdiction. Thus, both state and federal jurisdiction coexist: federal jurisdiction […]

Michael DeAngelo

This Comment explores how Pennsylvania’s legalization of medical marijuana conflicts with Pennsylvania’s drugged driving laws. Much like Governor Wolf’s approach, it not only examines the issue through Pennsylvania’s laws and court cases but will also incorporate the efforts of other states to tackle the same issue. Section II of this Comment provides an overview of the history of DUI enforcement; […]

Brittany Steane

Whether discussing wealthy students from suburban counties or impoverished students from other parts of the state, the Pennsylvania legislature has only recently prioritized supporting schools to meet the needs of students with trauma. This Comment addresses how the Pennsylvania legislature can better equip schools to address the needs of traumatized students. Section II begins with a general overview of […]

Catherine Houseman

This Comment discusses the impact of the #MeToo movement on the Third Circuit’s reasoning in Minarsky and sets forth the legal and cultural implications of the decision. Section II contextualizes the anti-sexual harassment movement before the #MeToo movement in the United States and how the law came to reflect that movement through landmark Supreme Court cases. It then discusses […]

Lars Noah

The time may have come to extend the U.S. Supreme Court’s drive to constitutionalize the domain of speech torts into the field of products liability. This Article considers a pointed way of testing the viability of such a move: decisions recognizing an exception to the learned intermediary doctrine whenever manufacturers of prescription drugs or medical devices advertise directly to […]

Ryan Vacca

Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in […]

Jennifer J. Lee

Taxpayers with limited English proficiency (LEP) face inherent barriers to exercising important rights under the tax laws. This Essay, prepared for the Temple Law Review‘s Symposium, Taxpayer Rights in the United States: All the Angles, explains the legal obligations that the Internal Revenue Service (IRS) has for making the tax system accessible to LEP taxpayers. While the IRS has developed […]