Issue 1 - December 2019 Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution?

Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution?

Article By: Clay Calvert 47 PEPP. L. REV. 1 (2019) This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National …

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2019 Annual Volume A Call for America’s Law Professors to Oppose Court-Packing

A Call for America’s Law Professors to Oppose Court-Packing

Article By: Bruce Ledewitz 2019 PEPP. L. REV. 1 (2019) A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency …

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2019 Annual Volume Court Expansion and the Restoration of Democracy: The Case for Constitutional Hardball

Court Expansion and the Restoration of Democracy: The Case for Constitutional Hardball

Article by: Aaron Belkin 2019 PEPP. L. REV. 19 (2019) Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration …

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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 3 – April 2018 What Are The Judiciary’s Politics?

What Are The Judiciary’s Politics?

Essay by: Michael W. McConnell 45 PEPP. L. REV. 455 (2018) What are the politics of the federal judiciary, to the extent that the federal judiciary has politics? Whose interests do federal judges represent? This Essay puts forward five different kinds of politics that characterize the federal judiciary. First, the federal judiciary represents the educated …

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Issue 3 – April 2018 Justice As Fair Division

Justice As Fair Division

Article by: Ian Bartrum, Kathryn Nyman, and Peter Otto 45 PEPP. L. REV. 531 2018 The current hyperpoliticization of the Court grows out of a feedback loop between politicized appointments and politicized decision-making. This Article suggests a change in the internal procedures by which the Court hears and decides particular cases. A three-Justice panel hears …

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