Online Forum

Temple Law Review’s Online Forum seeks to provide succinct, timely analysis of current legal developments. We welcome submissions from faculty, practitioners, alumni of the Law Review, and current editors/staff. To submit an essay, please email tlawrev@temple.edu with the subject heading “Submission for Online Forum.”


 

Symposium: Participant Materials

Posted on October 22nd, 2014

*Please find links to our Symposium participants’ draft papers (or other materials) below. Papers and Materials To Be Presented: Douglas Baird (University of Chicago) – Chapter 11’s Expanding Universe Jean Braucher (University of Arizona) – Examination as a Method of Consumer Protection Bob Hillman (Cornell) – Precedent in Contract Cases and the Importance(?) of the Whole Story Melissa Jacoby (UNC) […]



Symposium: A Compilation of Bill Whitford’s Contributions to Legal Scholarship

Posted on September 7th, 2014

Bill Whitford (Emeritus Professor of Law, The University of Wisconsin Law School) has written extensively on contract law, consumer protection, and bankruptcy. In advance of its 2014 Symposium—to be held in his honor on October 24—Temple Law Review has compiled many of Professor Whitford’s significant contributions to legal scholarship. Please explore the extensive—albeit non-exhaustive—list of Professor Whitford’s writings below. It is organized […]



The 2014 Kohn Lecture presented by Chief Justice Leo E. Strine, Jr. – “Regular (Judicial) Order As Equity: The Enduring Value Of The Distinct Judicial Role”

Posted on August 21st, 2014

On Thursday, October 9, 2014 at 4:00 PM, Chief Justice Leo E. Strine, Jr.—the 8th Chief Justice of the Delaware Supreme Court—will present “Regular (Judicial) Order As Equity: The Enduring Value Of The Distinct Judicial Role” as the inaugural speaker in the Harold E. Kohn Lectureship. This event marks what would have been the 100th […]



3rd Circuit Case Note: “FAPE Not So Free: Parents Denied Tuition Reimbursement in Munir v. Pottsville Area School District”

Posted on January 25th, 2014

I.                   Introduction In a case arising under the Individuals with Disabilities Education Act (IDEA),[1] the Third Circuit in Munir v. Pottsville Area School District[2] considered whether a student’s parents were entitled to reimbursement for the student’s placement in therapeutic residential treatment programs following several suicide attempts.[3] The court also considered whether the school district violated IDEA by failing to provide […]



3rd Circuit Case Note: “It’s in the Game: Hart v. Electronic Arts, Inc. Rejects Video Game Producer’s First Amendment Defense to College Athletes’ Right-of-Publicity Claim”

Posted on November 27th, 2013

I. Introduction In a case of first impression, the Third Circuit in Hart v. Electronic Arts, Inc.[1] considered whether the First Amendment protected the use of a collegiate football player’s likeness, represented in a digital avatar.[2] The Third Circuit unanimously agreed that the transformative use test is the proper test to balance the player’s right of publicity with […]



3rd Circuit Case Note: “Going Off the Rails? Third Circuit Provides Preemption Analysis Under the 2007 Amendments of the Federal Railroad Safety Act and Clarifies Evidentiary Privileges: Zimmerman v. Norfolk Southern Corporation”

Posted on April 9th, 2013

Federal preemption analysis under the 2007 Amendments of the Federal Railroad Safety Act’s (FRSA) 49 U.S.C. § 20106 (2006 & Supp. I 2009) contains two steps as articulated by the Third Circuit in Zimmerman v. Norfolk Southern Corporation, 706 F.3d 170 (2013). The court must first determine whether the defendant allegedly violated either a federal standard […]



Revisiting ZF Meritor, LLC v. Eaton Corp.: An Interview with Salil Mehra

Posted on March 22nd, 2013

We sat down with Professor Salil Mehra to discuss the Third Circuit’s recent decision in ZF Meritor, LLC v. Eaton Corp., how it compares to their earlier decision in LePage’s Inc. v. 3M, and the Third Circuit’s antitrust jurisprudence generally. Audio Interview by: Alison Stohr and Jared DeBona



3rd Circuit Case Note: “Reversion After Conversion: In re Michael Grants Debtors Ownership in the Property of the Chapter 13 Estate after a Chapter 7 Conversion”

Posted on March 6th, 2013

The Third Circuit in In re Michael, 699 F.3d 305 (3d Cir. 2012), held that funds acquired by a debtor after filing a Chapter 13 bankruptcy which, at time of conversion, had not been distributed to his creditors revert back to the debtor unless the conversion occurs in bad faith. In Re Barry L. Michael (pdf) Introduction […]



Dr. Richard Ofshe, “Overcoming False Confessions and Coerced Statements in the Dawning Age of Interrogation Recordation”

Posted on November 17th, 2012

During the 2012 TLR Symposium held on November 9, 2012, Dr. Richard J. Ofshe, Professor of Sociology at the University of California-Berkeley, presented his article “Overcoming False Confessions and Coerced Statements in the Dawning Age of Interrogation Recordation.” Dr. Ofshe, one of the leading scholars in the field of false confessions and interrogations, believes that […]



Special Issues in False Confessions

Posted on November 16th, 2012

The final panel of the 2012 TLR Symposium, held on November 9, 2012, focused on special issues regarding false confessions. Panel members included: Allison Redlich, Associate Professor in the School of Criminal Justice at the State University of New York at Albany; Jim Trainum, a retired law enforcement detective with the Metropolitan Police Department in […]