Widener Commonwealth Law Review

Widener Commonwealth Law Review

SKU: WJPL
Frequency: Two issues per year
ISSN: 2578-5370

The Widener Commonwealth Law Review (formerly Widener Law Journal) is the flagship law review of Widener University Commonwealh Law School

Title information

The Widener Commonwealth Law Review publishes two issues annually.  The Law Review publishes articles from its annual symposium, the Annual Survey of Pennsylvania Administrative Law,  scholarly submissions, and student notes and comments.

Publisher: Widener University Commonwealh Law School
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Volume 33, Issue 1

 

  • Quinn Yeargain, Taking Education "Out of Politics": The Rise of Nonpartisan State Education Governance
  • Kathleen Conn, Mahanoy and Its Progeny: What Do They Mean for the Future Regulation of Student Speech Off-Campus and in Extracurricular Activities
  • Claudia De Palma and Dan Urevick-Ackelsberg, The Arc from Non-Justiciable to Fundamental: The History of School Funding Challenges in Pennsylvania
  • Michael J. Kaufman and Jennifer R. Stukenberg, The Future of Higher Education: Reconciling Freedom of Expression with Trauma-Informed Practices and Relationship-Building

 

Volume 32, Issue 1

 

  • Justice David N. Wecht and Brett Graham, Incumbent Protection in Legislative Redistricting: First Principles and the Constitution
  • Christian A. Johnson, Disenfranchisement, Voter Disqualifications, and Felony Convictions: Searching for State Law Uniformity
  • Phyllis Coleman, Targeting School Shootings: Using Three Warning Signs - Animal Abuse, Domestic Violence, and Conduct Disorder - to Prevent Massacres

 

Volume 32, Issue 1

 

  • Samuel R. Wiseman, Recalibrating Election Fraud Penalties
  • Rachel Jones, Driving Under the Influence: How the Pennsylvania Supreme Court Can Encourage Liberal Approval of Ard for Deserving First-Time Offenders While Allowing an Enhanced Sentence for Subsequent Offenses by Returning to Chichkin
  • Alexis Kibe, Title IX's Sexual Harassment Obligations on Postsecondary Institutions: Using Cross-Examination and the Power to Subpoena as Tools for Ascertaining the Truth
  • Maranda Moyer, Badly Muddled Law: Pennsylvania's Inability to Keep up with Other States Progression Towards Loosening Liquor Laws and Legalizing the Sale of Premade Mixed Drinks To-Go
  • Pedro Parente, Preventing Pennsylvania's Next Medical Malpractice Crisis: Implementing a Pilot Program in One of the State's Healthcare Systems
  • Gladys Balcarcel, Pennsylvania's Abortion Control Act: A Survey of Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services
  • Christine Evans, Annual Survey of Pennsylvania Administrative Law: Human Services: A Survey of Questioning How Pennsylvania's Notice and Opportunity to be Heard is Affected Throughout Child Protective Services, as Seen In J.F. V. Department of Human Services
  • Jane Michetti, Application of the Pennsylvania Medical Marijuana Act to the Eligibility Requirements of the Federally Funded Section 8 Housing Program: An Analysis of Cease v. Housing Authority
  • Jesse Tomkiewicz, The Pro-Government Shift in Eminent Domain Notice Requirements: A Survey of Bindas v. Department of Transportation

 

Volume 31, Issue 2

 

  • Matthew Latanich, A Frightening Display of Power: The Tenth Amendment, the Supremacy Clause, and the Constitutional Case for Limiting the Federal Government's Law Enforcement Powers within Sovereign States
  • Rebecca A. McCullough, Bella! Horrida Bella! The War on Fake News from Social Media: How Courts Can Respond in the Wake of False Election Speech
  • Thomas Kutz, Confrontation Issues with the Use of Video in Criminal Trials in the COVID-19 Era
  • Ava Lutz, Diagnosing the Problem with Patent Eligibility: The Supreme Court Must Take a Serious Look at the Consequences of Mayo
  • Maria K. Mondell, Empowering the Terminally Ill: Pennsylvania's Compassionate Assisted Dignified Death Act
  • Carolyn Dreer, The Constitutional Consideration of Pennsylvania Governor's Proposed Legislation of Legalized Marijuana Revenue Grant Apportionment
  • Taylor Paulhamus, Complications with the Scope of Protections under the Pennsylvania Medical Marijuana Act Results in Statutory Inconsistencies Creating Ambiguity: An Analysis of Harrisburg Area Community College v. Pennsylvania Human Relations Commission
  • Maria K. Mondell, Unconstitutional Licensing Requirements Restricting Livelihoods: An Analysis of Haveman v. Bureau of Professional and Occupational Affairs
  • Jacqueline Pitts, Uniontown v. Department of Corrections: The Right to Know Law and the Independent Duty Placed on the Open Records Officer
  • Stephanie Hartman, Reconciling Remedial Purposes and Departmental Regulations: An Analysis of Quigley v. Unemployment Compensation Board of Review
  • Rebecca A. McCullough, Separation from Employment or Self-Employed: Are You Entitled to Unemployment Compensation under Pennsylvania Law? An Analysis of Lowman v. Unemployment Compensation Board of Review
  • Janis Jeffreys, The Loophole in Pennsylvania Unemployment Compensation Law for Businesses to Avoid Paying Unemployment Compensation Tax to the State by Classifying Workers as Independent Contractors Continues to Shrink: An Analysis of Humanus Corp. v. Unemployment Comp. Bd. of Rev., Decided: October 23, 2020

 

Volume 31, Issue 1

 

  • Philip Riley, Examining the Federal Circuit's Review of Section 337 (19 U.S.C. Section 1337) Decisions by the U.S. International Trade Commission
  • Marc Consalo, Quis Custrodiet Ipsos Custodes (Who Guards the Guardians?) Should Fellow Law Enforcement Officers Serve as Jurors for Police Misconduct Cases?
  • Tracy L. Updike, COVID-19 and Its Impact on the Mind, Manner, and Means of a Bankruptcy Attorney
  • Jason J. Mattioli, Representing a Criminal Defendant in a Pandemic; Constitutional Protections on Hold to Stop the Spread of COVID-19
  • Jessica M. Lehman, The COVID-19 Pandemic and the Administration of Justice in Rural Communities: Lessons Learned
  • Edward M. Marsico, Jr., Virtual Proceedings and Constitutional Rights in the Time of a Pandemic

 

Volume 30, Issue 1

 

  • Daniel R. Schuckers, Foreward: The Unique Nature and Contributions of Pennsylvania’s Commonwealth Court
  • P. Kevin Brobson, Of Free and Equal Elections and Fair Districts - How the Pennsylvania Supreme Court Slayed (or Hobbled?) the Partisan Gerrymander
  • Gladys Brown Dutrieuille, Unified Administrative Law Judge Office and the Legislative Intent of the Public Utility Code
  • John C. Dernbach, Thinking Anew about the Environmental Rights Amendment: An Analysis of Recent Commonwealth Court Decisions
  • Andrew D. Cotlar, Governor Wolf’s Emergency COVID-19 Declarations: Illegal and Unconstitutional?

 

Volume 30, Issue 2

 

  • Rhiannon Avvisato, From Strict IQ Score Cut Offs to Disregard of Probative Evidence: How the United States Supreme Court Must Act to Ensure Constitutional Protection, by Pennsylvania and Other States, to Intellectually Disabled Persons Who Undeservingly Face Execution
  • Shannon Costa, I Just Bought a Dog Collar from Amazon . . . Or Did I? Reassessing Whether Amazon Is a Seller under Pennsylvania Law
  • Stephanie Patton, College Tuition Payments as Fraudulent Transfers, and the Price Education Has to Pay
  • Aaron Scheibelhut, Implying a Private Right of Action for Employment Discrimination under the Pennsylvania Medical Marijuana Act
  • Shannon Costa, The Right to an Administrative Hearing: Provided or Denied for a Founded Report of Child Abuse Based on Entry into an Accelerated Rehabilitative Disposition Program? An Analysis of J.F. v. Department of Human Services
  • David Sweetman, A Survey of Pinnacle Health Hospitals v. Unemployment Compensation Board of Review
  • Courtney M. Karasek, Sutton v. Bickell: A Survey
  • Mary Anodide, The Long-Standing Controversy behind Classifying Act 111 Officers and PERA 604(3) Officers for Purposes of Collective Bargaining: A Critical Analysis of Lower Swatara Township v. Pennsylvania Labor Relations Board
  • Stephanie Patton, Weeks v. Department of Human Services of Pennsylvania: Preliminary Injunction Or a Case on the Merits?
  • Rhiannon Avvisato, Does the Public Have a Right to Know Names of Individuals Affiliated with Abortion Facilities?: Pennsylvania’s Application of Its Right-to-Know Law in Crocco v. Pennsylvania Department of Health
  • Marjorie Moreno, Parking Detour: Misunderstanding the Optional Requirement for Parking Lot Cases in Workers’ Compensation

 

Volume 29, Issue 1

 

  • Michael R. Dimino, Let’s Be Reasonable: Thoughts on the Fourth Amendment and Constitutional Interpretation
  • Martin C. Carlson, The Fourth Amendment: A Philosophical Appreciation, Historic Reflection, Current Assessment and Thoughts on a Path Forward
  • Jose Felipe Anderson, Privacy, Technology and the Fourth Amendment: The Future and the Shock
  • Brian McNeil, Stop-and-Frisk in New York, Philadelphia, and Chicago: Slowly Approaching an Uneasy Synthesis or Running out of Time to Justify Its Freight
  • Jerrold A. Sulcove, Life after Birchfield: A Review of Developments in the Law of DUI Prosecution in the Commonwealth of Pennsylvania after Birchfield v. North Dakota
  • Alison Shlom, Moving towards an Impartial Judiciary: Recommendations to Prevent and Discipline Judicial Bias
  • Donald F. McGahn II, The Third Circuit in the Era of Trump

 

Volume 29, Issue 2

 

  • George A. Bibikos, Five Steps for in-House Counsel Facing Oil and Gas Lease Expiration Claims
  • Mary Katherine M. Yarish, DOT: Department of Transportation or Discrimination of Transportation? An Analysis of the Issuance of Driver’s Licenses to Physically Disabled Individuals in Pennsylvania
  • Zechariah D. Yoder, Rethinking Pellegrino: Why Airline Passengers Should Have Relief against the Transportation Security Administration and Its Officers
  • Salvatore Sciacca, USERRA in the Third Circuit: The Cat’s Paw Doctrine Scratches the Surface of Protecting Reserve Component Service Members
  • Frank Pryzbylkowski, Exercising Environmental Rights: Exploring the State Action Requirement for Article I, Section 27
  • Kayla Bonett, Executing Arrest Warrants in the Homes of Third Parties: The Increased Role of Magistrates in Protecting Fourth Amendment Rights
  • Michael Joyce, The Wrong Side of the Line! A Critical Analysis of Middaugh v. Department of Transportation, Bureau of Driver Licensing and Its Unfair Impact on Licensees in Pennsylvania
  • Frank Pryzbylkowski, Defining the Environmental Trust: A Survey of Marcellus Shale Coalition v. Department of Environmental Protection of Pennsylvania
  • Aaron Rosengarten, Access to Bus Surveillance: Exempted or Disclosable under the Right to Know Law? An Analysis of Pennsylvania’s Right to Know Law in Easton Area School District v. Miller
  • Caroline G. Robelen, To Guard or Not to Guard: Should PennDOT Even Bother? A Survey of Cagey v. Commonwealth
  • Salvatore Sciacca, A Taste of the Current Construction of the Construction Workplace Misclassification Act: An Analysis of Lin and Eastern Taste

 

Volume 28, Issue 1

 

  • Mary Kate Kearney, Introduction: Children in the Courts: A Developed or Developing System
  • Jaya L. Connors, Advocating for Child Clients in Custody Cases Involving Parental Alienation Issues
  • Kara R. Finck, Medical Legal Partnerships and Child Welfare: An Opportunity for Intervention and Reform
  • Sarah Katz, Trauma-Informed Practice: The Future of Child Welfare
  • Erin Komada, Recognizing the Role of Trauma and Creating Trauma- Informed Systems in Pennsylvania Juvenile Courts
  • Erin Allenman, Why Your Fourth Amendment Rights Don't Matter: How Birchfield Overlooks the Testing of Drugged Drivers
  • Allen Fiechuk, The Use of AI Assistants in the Courtroom and Overcoming Privacy Concerns

 

Volume 28, Issue 2

 

  • Merril Sobie, Representing the Child in Child Protective Proceedings: Toward a New Paradigm
  • Lindsay M. Eichinger, How Free Is Free Speech in Our Nation's Colleges and Universities
  • Ryan W. Sypniewski, The Truth Hurts: Applying the Criminal Provisions of Federal Securities Fraud Regulation to Exxon's Concealment of Climate Change Concerns
  • Erin Alleman, Public Access to Motor Vehicle Recordings: Increased Public Accountability or Interference with Police Duties - A Survey of Pennsylvania State Police v. Grove
  • Rebeka Buczeskie, The Right to Know: What Can Actually Be Disclosed - A Survey of Pennsylvania State Education Association v. Commonwealth 
  • Adriana T. Vukmanic, Expectations of Privacy in the Right-to-Know Law: A Critical Analysis of the Pennsylvania Constitution's Right to Privacy's Implications on Right-to-Know Law Requests
  • Lindsay M. Eichinger, Commonwealth Rideshare Drivers and Unemployment Compensation Law: An Analysis of Lowman v. Unemployment Compensation Board of Review
  • Brandylynn J. Macierowski, A Critical Analysis of McGrath v. Bureau of Professional and Occupational Affairs and Its Impact on Statutory Interpretation in Pennsylvania
  • Ryan W. Sypniewski, A Polar Vortex and an Avalanche of Fines: A Critical Analysis of the HIKO Energy Case and Its Impact on Civil Penalties

 

Volume 27, Issue 1

 

  • Randy Lee, Introduction: Governing in an Age of Partisanship
  • Frederick N. Frank & Zachary N. Gordon, Trump Wages War against the Media While Pennsylvania State Agencies Wage a behind the Scenes Cold War
  • Shontavia Jackson Johnson, Donald Trump, Disruptive Technologies, and Twitter's Role in the 2016 American Presidential Election
  • Julia Dalzell, The Enforcement of Selective Reduction Clauses in Surrogacy Contracts
  • Katherine Capito & Michael Crites, Tawdry Tales of Ferraris, Rolexes, and Ball Gowns: How McDonnell v. U.S. Redefined Official Acts in Public Corruption Prosecution

 

Volume 27, Issue 2

 

  • Ellen Wertheimer & Mark C. Rahdert, The Force Awakens: Tincher, Section 402A, and the Third Restatement in Pennsylvania
  • Alexander F. Beatle, Who's Coffers Spill When Autonomous Cars Kill - A New Tort Theory for the Computer Code Road
  • Mark Kovalcin, Prudence Redefined: Finding the Happy Medium between Prudence and Risk for the Uniform Prudent Investor Act
  • Alexander F. Beale, Get off My Lawn - A Critical Analysis of in re Sunoco Pipeline and Its Impact on Eminent Domain in Pennsylvania
  • Mary Grace Sempa, Analyzing the Importance of Precedent in the Pennsylvania Unemployment Compensation Law
  • Cheri A. Sparacino, Convicted Parole Violators: Respecting the Powers Allocated to the Legislative Branch