Issue 4 - July 2019 A Defense of the Electoral College in the Age of Trump

A Defense of the Electoral College in the Age of Trump

Article by: John Yoo 46 PEPP. L. REV. 835 (2019) In the aftermath of the 2016 U.S. Presidential Election, where Donald J. Trump lost the popular vote by nearly 3 million votes but still secured victory in the Electoral College, renewed efforts to delegitimize or abolish the Electoral College system have surfaced. Critics, calling for …

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Issue 4 - July 2019 Hybrid Federalism and the Employee Right to Disconnect

Hybrid Federalism and the Employee Right to Disconnect

Article by: Paul M. Secunda 46 PEPP. L. REV. 875 (2019) The federal Occupational Safety and Health Administration (OSHA) administers specific workplace and health standards that generally and expressly preempt the entire field of workplace safety and health law. However, where such federal OSHA standards do not exist or states have developed their own approved …

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Issue 3 - April 2019 Securities Treatment of Tokenized Offerings Under U.S. Law

Securities Treatment of Tokenized Offerings Under U.S. Law

Article by: Carol Goforth 46 PEPP. L. REV. 405 (2019) This Article considers how the SEC currently approaches the question of regulating cryptoassets and ICOs. It includes a brief overview and history of cryptotransactions (including problems of terminology), and then looks at the current crypto space to consider the kinds of interests being promoted today in comparison …

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Issue 3 - April 2019 Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts

Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts

Article by: Bruce N. Cameron & Blaine L. Hutchison 46 PEPP. L. REV. 471 (2019) In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This Article analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and …

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Issue 3 - April 2019 Intending the Worst: The Case of ISIS’s Specific Intent to Destroy the Christians of Iraq

Intending the Worst: The Case of ISIS’s Specific Intent to Destroy the Christians of Iraq

Article by: Eric Osborne, Matthew Dowd & Ryan McBrearty 46 PEPP. L. REV. 547 (2019) Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. …

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Issue 3 - April 2019 Digital Realty, Legislative History, and Textualism After Scalia

Digital Realty, Legislative History, and Textualism After Scalia

Article by: Michael Francus 46 PEPP. L. REV. 511 (2019) There is a shift afoot in textualism. The New Textualism of Justice Scalia is evolving in response to a new wave of criticism. That criticism presses on the tension between Justice Scalia’s commitment to faithful agency (effecting the legislature’s will) and his rejection of legislative …

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