University of Pennsylvania Law Review articles from November 2000

University of Pennsylvania Law Review archives from November 2000

Reconnecting doctrine and purpose: a comprehensive approach to strict scrutiny after Adarand and Shaw.
November 1, 2000... Strict scrutiny has become something of a talisman.(1) While some commentators score debating points by identifying those rare cases in which governmental actions have survived it,(2) most have concluded that a judicial determination to apply...

The one-Congress fiction in statutory interpretation.
November 1, 2000... Reliance on fictions and simplifying assumptions in the interpretation of statutes may be inevitable, but should courts look across statutes or regulatory fields and draw inferences from linguistic choices in different statutes? In justifying...

Asking the right questions: how the courts honored the separation of powers by reconsidering Miranda.
November 1, 2000... INTRODUCTION By putting an end to a thirty-five year campaign to nullify Miranda v. Arizona,(1) did the federal judiciary engage in inappropriate judicial activism or appropriate judicial restraint? At first blush, the answer to this...

The court should have remained silent: why the court erred in deciding Dickerson v. United States.
November 1, 2000... I. THE UNDERLYING ISSUE IN DICKERSON V. UNITED STATES: WAS THE CONSTITUTIONALITY OF [sections] 3501 PROPERLY BEFORE THE COURT? The Supreme Court's decision in Dickerson v. United States(1) will be most remembered for its emphatic...

Beyond the international harmonization of trademark law: the community trade mark as a model of unitary transnational trademark protection.(European Union)
November 1, 2000... The rapid globalization of the economic marketplace has spurred a proliferation of international lawmaking with respect to intellectual property rights. Harmonization of laws has been called the "dominant impulse" for such international...

Can the battle be won? Compaq, the sham transaction doctrine, and a critique of proposals to combat the corporate tax shelter dragon.
November 1, 2000... At a time when our Congress seems reluctant to seek to slay, or even injure, the corporate tax shelter dragon, our courts, and particularly the Tax Court, are building the walls of the fortress from such time-tested concepts as form versus...