2018 Annual Volume Is U.S. Legal Scholarship “Losing [Its] Religion” Or Just Playing Favorites?: An Empirical Investigation, 1998–2012

Is U.S. Legal Scholarship “Losing [Its] Religion” Or Just Playing Favorites?: An Empirical Investigation, 1998–2012

Article By: James C. Phillips 2018 PEPP. L. REV. 139 (2019) The place of religion in America is changing. This paper seeks to understand that change in a narrow but influential context: legal scholarship. Focusing on the time period after the Supreme Court struck down RFRA as applied to the states and a flurry of …

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2018 Annual Volume Title VII Protection: Zarda v. Altitude Express and Its Impact on the Judicial Fate of Sexual Orientation Discrimination

Title VII Protection: Zarda v. Altitude Express and Its Impact on the Judicial Fate of Sexual Orientation Discrimination

Case Note By: Lisa Russell 2018 PEPP. L. REV. 125 (2019) Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against an employee on the basis of race, color, religion, national origin, or sex.  But does this include protection against discrimination based on sexual orientation?  Circuits are currently split as to …

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Issue 4 - July 2019 The Past, Present, and Future of Federalism: A Symposium Introduction

The Past, Present, and Future of Federalism: A Symposium Introduction

Article by: Derek T. Muller 46 PEPP. L. REV. i (2019) In Lewis Carroll’s Through the Looking Glass, Alice travels through her mirror and finds herself in a land where things are familiar but, well, different. At times things were backwards, like when she attempted to read a poem but found it to be gibberish, …

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Issue 4 - July 2019 Property Convergence in Takings Law

Property Convergence in Takings Law

Article by: Maureen E. Brady 46 PEPP. L. REV. 695 (2019) Although one of the key questions in a federal system is how authority should be allocated between the state and national governments, property law has rarely generated serious controversy on this front. Instead, property entitlements and the rules governing resource use have typically been …

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Issue 4 - July 2019 Federalism Limits on Non-Article III Adjudication

Federalism Limits on Non-Article III Adjudication

Article by: F. Andrew Hessick 46 PEPP. L. REV. 725 (2019) Although Article III of the Constitution vests the federal judicial power in the Article III courts, the Supreme Court has created a patchwork of exceptions permitting non-Article III tribunals to adjudicate various disputes. In doing so, the Court has focused on the separation of …

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Issue 4 - July 2019 Our Campaign Finance Nationalism

Our Campaign Finance Nationalism

Article by: Eugene D. Mazo 46 PEPP. L. REV. 759 (2019) Campaign finance is the one area of election law that is most difficult to square with federalism. While voting has a strong federalism component—elections are run by the states and our elected officials represent concrete geographical districts—our campaign finance system, which is rooted in …

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