Temple Law Review Print
Volume 92, No. 1, Fall 2019

The time may have come to extend the U.S. Supreme Court’s drive to constitutionalize the domain of speech torts into the field of products liability. This Article considers a pointed way of testing the viability of such a move: decisions recognizing an exception to the learned intermediary doctrine whenever manufacturers of prescription drugs or medical devices advertise directly to […]

By Lars Noah [PDF]

Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in […]

By Ryan Vacca [PDF]

The Third Circuit Task Force on Eyewitness Identifications (Task Force) was created, in part, in response to the scientific developments in the field of eyewitness identification and the recognition that courts had begun to apply these developments in criminal cases. The Task Force was co-chaired by the Honorable Theodore A. McKee, Judge for the United States Court of Appeals […]

By Third Circuit Task Force [PDF]

This Comment explores how Pennsylvania’s legalization of medical marijuana conflicts with Pennsylvania’s drugged driving laws. Much like Governor Wolf’s approach, it not only examines the issue through Pennsylvania’s laws and court cases but will also incorporate the efforts of other states to tackle the same issue. Section II of this Comment provides an overview of the history of DUI enforcement; […]

By Michael DeAngelo [PDF]

Whether discussing wealthy students from suburban counties or impoverished students from other parts of the state, the Pennsylvania legislature has only recently prioritized supporting schools to meet the needs of students with trauma. This Comment addresses how the Pennsylvania legislature can better equip schools to address the needs of traumatized students. Section II begins with a general overview of […]

By Brittany Steane [PDF]

This Comment discusses the impact of the #MeToo movement on the Third Circuit’s reasoning in Minarsky and sets forth the legal and cultural implications of the decision. Section II contextualizes the anti-sexual harassment movement before the #MeToo movement in the United States and how the law came to reflect that movement through landmark Supreme Court cases. It then discusses […]

By Catherine Houseman [PDF]