2019 Annual Volume Fight or Flight: The Ninth Circuit’s Advancement of Textualism During an Era of Intentionalism in United States v. Lozoya

Fight or Flight: The Ninth Circuit’s Advancement of Textualism During an Era of Intentionalism in United States v. Lozoya

Article By: Zachary Remijas 2019 PEPP. L. REV. 89 (2020) The modern complexities of global interaction and accessibility have recently forced some federal courts to reconsider standards for determining proper venue for criminal defendants who commit offenses while engaged in transportation, particularly those involving interstate commerce and crimes spanning multiple districts. These courts’ application of …

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Issue 3 - March 2020 Federal Protections for “Fur-Babies”: A Legislative Proposal

Federal Protections for “Fur-Babies”: A Legislative Proposal

Article By: Rebecca Ferrari 47 PEPP. L. REV. 821 (2020) Americans love their animals, but America doesn’t protect them. Across the country, animals continue to be classified as mere property, undeserving of any basic rights and unprotected by the animal welfare statutes that do exist, but often remain unenforced. This Article proposes a comprehensive animal …

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Issue 3 - March 2020 Contracts and the Constitution in Conflict: Why Judicial Deference to Religious Upbringing Clauses Infringes on the First Amendment

Contracts and the Constitution in Conflict: Why Judicial Deference to Religious Upbringing Clauses Infringes on the First Amendment

Article By: Elica Zadeh 47 PEPP. L. REV. 777 (2020) When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that …

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Issue 3 - March 2020 Compelled Speech and the Irrelevance of Controversy

Compelled Speech and the Irrelevance of Controversy

Article By: Seana Valentine Shiffrin 47 PEPP. L. REV. 731 (2020) NIFLA v. Becerra stealthily introduced a new First Amendment test for compelled speech that has injected chaos into the law of compelled disclosures. NIFLA reinterpreted the requirement that compelled disclosures contain only “purely factual and uncontroversial information” in a way that imbued independent force …

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Issue 3 - March 2020 Men’s Reproductive Rights: A Legal History

Men’s Reproductive Rights: A Legal History

Article By: Mary Ziegler 47 PEPP. L. REV. 665 (2019) This Article offers the first legal history of men’s procreative rights, filling a gap in scholarship on assisted reproduction, constitutional law, and social movements. A rich literature addresses women’s procreative rights in contexts from abortion to infertility. By comparison, we know relatively little about the …

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Issue 3 - March 2020 Creative Destruction: Copyright’s Fair Use Doctrine and the Moral Right of Integrity

Creative Destruction: Copyright’s Fair Use Doctrine and the Moral Right of Integrity

Article By: Cathay Y. N. Smith 47 PEPP L. REV. 601 (2020) This Paper explores the role of copyright’s fair use doctrine as a limit on the moral right of integrity. The moral right of integrity gives an author the right to prevent any distortion, modification, or mutilation of their work that prejudices their honor …

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