Category Archives: Annual Volume 2016

The Right-Based View of the Cathedral: Liability Rules and Corrective Justice

Tuesday, May 30, 2017 | Comments Off on The Right-Based View of the Cathedral: Liability Rules and Corrective Justice

Article by: Omri Rachum-Twaig & Ohad Somech 2016 PEPP. L. REV. 74 (2017) In their celebrated paper, Calabresi and Melamed offered a framework, often referred to as the ‘‘Cathedral’’ analysis, which explains when and why entitlements should be protected using...

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A Diverse Student Body Without Student Bodies?: Online Classrooms and Affirmative Action

Saturday, March 25, 2017 | Comments Off on A Diverse Student Body Without Student Bodies?: Online Classrooms and Affirmative Action

Essay by: Ryan H. Nelson 2016 PEPP. L. REV. 65 (2017) America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between.  These varied learning...

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Negotiating and Mediating Brexit

Thursday, February 2, 2017 | Comments Off on Negotiating and Mediating Brexit

Essay by: Horst Eidenmüller 2016 PEPP. L. REV. 39 (2017) The United Kingdom will leave the European Union. Brexit will involve many complex negotiations.  This article analyses the negotiation position of the parties (UK, EU, Member States) based on a...

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Dinner for Two: Employer Mandate, Meet ERISA; How Dave & Buster’s Response to the Affordable Care Act’s Employer Mandate May Open the Door for Employees to Seek ERISA Relief

Wednesday, February 1, 2017 | Comments Off on Dinner for Two: Employer Mandate, Meet ERISA; How Dave & Buster’s Response to the Affordable Care Act’s Employer Mandate May Open the Door for Employees to Seek ERISA Relief

Essay by: Kendall Victoria Dacey 2016 PEPP. L. REV. 15 (2016) When the Affordable Care Act (ACA) became law in late March, 2010, Dave & Buster’s (D&B) had a choice: it could either comply and offer its full-time employees the...

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Elonis v. United States: Why the Supreme Court Punted on Free Speech

Wednesday, January 18, 2017 | Comments Off on Elonis v. United States: Why the Supreme Court Punted on Free Speech

Case Note by: David Barney 2016 PEPP. L. REV. 1 (2016) In Elonis v. United States, 135 S. Ct. 2001 (2015), the Supreme Court had a chance to interpret the boundaries of a federal statute forbidding threats transmitted in interstate or foreign...

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