Articles:

Under Containment: Preempting State Ebola Quarantine Regulations
- Eang L. Ngov, Associate Professor, Barry University Dwayne O. Andreas School of Law. J.D., University of California at Berkeley School of Law; B.A., University of Florida
- This Article explores federalism implications when federal and state sovereigns contest the purview of regulating Ebola, other epidemics, and quarantines.
Off-Label “Promotion” May Not Be Merely Commercial Speech.
- Jennifer L. Herbst, Associate Professor of Law, Quinnipiac University School of Law; Associate Professor of Medical Sciences, The Frank H. Netter, M.D., School of Medicine at Quinnipiac University
- This Article suggests that the current restrictions on some pharmaceutical company speech may be given what I shall call “enhanced intermediate” (or even strict) scrutiny, rather than the usual intermediate scrutiny given to restrictions of merely commercial speech, because of the unique professional and legal role played by prescribers.

Comments:

1. Putting the Discretionary Function Exception in Its Proper Place: A Mature Approach to “Jurisdictionality” and the Federal Tort Claims Act

Thomas E. Bosworth, J.D., Temple University Beasley School of Law, 2016
This Comment argues that the United States bears the burden of proving the applicability of the Discretionary Function Exception to the Federal Tort Claims Act because the Discretionary Function Exception is an affirmative defense and not a jurisdictional provision.

2. Fair Standards for Labor Arbitration: An Analysis of the FLSA and FAA

Chloe Keating, J.D., Temple University Beasley School of Law, 2016
By evaluating the arguments of both corporate and labor advocates, this Comment explores the practical problems associated with the rise in Fair Labor Standards Act litigation and the fairness issues that accompany employment arbitration.

3. Hell Hath No Fury: Why First Amendment Scrutiny Has Led to Ineffective Revenge Porn Laws, and How to Change the Analytical Argument to Overcome This Issue

Joseph J. Pangaro, J.D., Temple University Beasley School of Law, 2016
This Comment argues that state statutes should qualify revenge porn as unprotected speech within the broad category of “fighting words,” and more specifically, as “true threats.”

Tags: spotlight

* Brynn C. Chafin, Temple University Beasley School of Law, 2024. Introduction On January 20, 2025, President Donald Trump was sworn into office for his second term as President of the United States of America.[1] Although his administration has and will continue to affect all parts of American life, it will impact the Pregnant Workers Fairness Act […]

By Fiona Burke, Temple Law Review Volume 96 Staff Editor Liberals have, as exit polls and Bernie Sanders point out, largely lost the working class and, in fact, most of America. There are many reasons for this, all of which have been dissected and analyzed ad nauseum in the past few weeks and likely will be for even years. One such […]

Author: Jasnoor Hundal In early August 2023, the Supreme Court stayed the Second Circuit Court of Appeals’ decision, In re Purdue Pharma L.P., and granted certiorari to hear oral argument in December of 2023. The parties were asked to brief and argue “[w]hether the Bankruptcy Code authorizes a court to approve, as part of a […]