Temple Law Review Print
Volume 93, No. 2, Winter 2021
Articles

This Article posits that opioid excise taxes are misguided if their purpose is to reduce consumption unless the taxes are reflected in consumers’ out-of-pocket expenses. Such taxes may also be an ineffective mechanism in the effort to cause drug makers to internalize the social costs of their products. Nonetheless, opioid excise taxes might generate much […]

By Michelle M. Kwon [PDF]

As a matter of astute policy, this Article advances that Congress should not impose a robot tax. This Article is the first to conduct a significant literature review of the current proposals to tax robots, ultimately taking a contrarian view. It examines mankind’s historical connection to labor amid fears of automation substitution and proposes that […]

By Kathryn Kisska-Schulze & Rodney P. Mock [PDF]

This Article provides a critical analysis of restrictive regulations that exclude midwives or prevent them from practicing to the full extent of their training. It offers a brief history of the relationship between midwives and physicians since colonial days, showing how interprofessional cooperation and respect waned as physicians became increasingly professionalized and sought to advance […]

By Elizabeth Kukura [PDF]
Comments

It is settled law in Pennsylvania that contracts waiving a party’s right to recover for the other party’s own negligent acts are generally enforceable if they meet certain criteria that follow general principles familiar to most first-year law students. Until recently, however, Pennsylvania courts had not considered whether this liability waiver might also serve as […]

By David L. Teklits [PDF]

Deciding whether to play football is already a cost-benefit analysis. For future athletes and their parents, determining whether to play in light of new scientific evidence depends on the amount of reliable information to which they are exposed. This Comment first provides an overview of sports-related head traumas, the NCAA settlement agreement, and medical monitoring […]

By Matthew Rubino [PDF]

This Comment discusses the current circuit split regarding ascertainability in Rule 23(b)(3) class actions, as well as ascertainability’s proliferation into Rule 23(b)(2) class certification at the district court level. It argues that Rule 23(b)(2) suits structurally differ from the rule 23(b)(3) suits (in which ascertainability is generally a question). Rule 23(b)(2) suits do not involve […]

By Heather Swadley [PDF]