Temple Law Review Print
Volume 93, No. 1, Fall 2020
Articles

In light of these and other problems, this Article advocates for simple legal reform: the abolition of arbitrary plea deadlines or, in the alternative, severe constraints on the trial judge’s power to impose them. The legal system, however, is often resistant to change. Therefore, this Article makes a more immediate and useful contribution: it provides […]

By Michael D. Cicchini [PDF]

In the past fifteen years, several prestigious organizations have called for reforms to improve the reliability of prosecution forensic evidence. One way that the courts could incentivize such reform is by liberally admitting defense expert testimony that rebuts the prosecution evidence. However, one comment recently argued that the courts admit defense rebuttal testimony more restrictively […]

By Edward J. Imwinkelried [PDF]

Because scholars call for a conversation among different schools of economics, and jurors, in ascertaining truth, reason about the relevance of even conflicting expert testimony, this Article agues that judges should admit as legally relevant any proposed economic testimony—whether econometric or heterodox. Judges should, however, fashion jury instructions describing (but not advocating or criticizing) the […]

By Christopher P. Guzelian & Jeff Todd [PDF]
Comments

This Comment concludes by arguing that in order to extend adequate protections to potential homeowners with limited access to credit—but not dismiss creative forms of investment or stifle the individual right to freely enter into contracts—courts must recognize the inherent unconscionability of most contracts for deed of sale. Further, state legislatures should treat these contracts […]

By Haesun Burris Lee [PDF]

This Comment argues that the Administrative Procedure Act (APA) gives federal judges clear authority to “set aside agency action . . . [that is] arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The public charge rule puts the Trump administration’s actions well within the meaning of “arbitrary and capricious” under […]

By Kaylin Hawkins [PDF]

This Comment makes two contributions. First, it adds to the understanding of the legislative history and impact of SESTA/FOSTA. Second, it suggests an amendment to the statute that would clarify the law. In Section II, this Comment discusses the history of internet liability and the SESTA/FOSTA law in order to contextualize the statute and illuminate […]

By Lucy Weisner [PDF]

This Comment aims to discuss the varying legal treatment of domestic and international terrorism and ultimately argues that this distinction is unhelpful and prohibits adequate detection, investigation, and prevention of domestic terrorism in the United States. Section II provides essential background on the federal criminal and civil laws involving both domestic and international terrorism, details […]

By Courtney Kurz [PDF]