Temple Law Review Online
Volume 93, Online

This Comment focuses on the merits of the due process arguments for and against judicial recognition of a fundamental right to a sustainable climate. Under the doctrine of substantive due process, recognizing such a right as fundamental would subject government action that advances anthropogenic climate change — or, potentially, government inaction that fails to mitigate […]

By Kevin Kennedy [PDF]

This Comment analyzes this question, using the divergent decisions from the Fourth and Sixth Circuits to illustrate that an executive judgment ought not to override a judicial judgment. Concluding otherwise presents an insidious implication of the president’s pardon and commutation authority in that it may become an aggravation of punishment, even under circumstances where the […]

By Colton Brown [PDF]

This Comment analyzes the circuit split regarding the ADA’s applicability to emerging technologies and proposes that the Supreme Court use similar reasoning to its decision in South Dakota v. Wayfair, Inc. to the extended ADA to intangible places of public accommodation. Section II discusses the circuit split, as well as the role of emerging technologies […]

By Cassidy C. Duckett [PDF]