Temple Law Review Print
Volume 92, No. 2, Winter 2020

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 […]

By Myrisha S. Lewis [PDF]

The U.S. Supreme Court has long analyzed disputes under the dormant Commerce Clause differently depending on whether the Court characterized the challenged state law as imposing a tax or a different type of regulatory burden. The Court’s recent decisions in a string of tax cases, however, have functionally eliminated the distance that has stood between the Court’s dual dormant […]

By Adam B. Thimmesch [PDF]

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 […]

By Sophia Waldstein [PDF]

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 […]

By Alison Slaughter [PDF]

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 […]

By Emily Berg [PDF]