Swapping Past the Law School Graveyard: In Response to Professors Leff and Hughes

On January 12, 2017, in Tolle Lege Articles, by lawreview

By Michael C. Macchiarola* and Arun Abraham** Citation: 62 Vill. L. Rev. Tolle Lege 1 Click here to read the full article “The poor man retains the prejudices of his forefathers without their faith, and their ignorance without their virtues; he has adopted the doctrine of self-interest as the rule of his actions, without understanding […]

Is the FTC Playing Fair? The Third Circuit’s Decision in FTC v. Wyndham Worldwide Corp. Furthers Agency’s Data Security Efforts but Creates Tension for Smaller Businesses

On December 30, 2016, in Tolle Lege Articles, by lawreview

By Robert S. Turchick* Citation: 61 Vill. L. Rev. Tolle Lege 71 Click here to read the full article. “The United States . . . is basically the Wild West of privacy.”[1] I. Evolving Threats: Escalating Costs and Consumer Fears over Data Security & Identity Theft The collection and security of personal information impacts businesses in every market.[2]  Personal information […]

First Amendment Under Arrest: Photographing Police in Public Places at Issue on Multiple Fronts

On July 17, 2016, in Tolle Lege Articles, by lawreview

By Thomas G. Wilkinson* & Matthew A. Glazer** Citation: 61 Vill. L. Rev. Tolle Lege 55 Click here to read the full article. I. Introduction A recent federal court decision in Philadelphia concluded that members of the public have no constitutional right to photograph or videotape police activity, including during public protests and when making arrests.  […]

Oyez, Oyez, the Administrative Agency Is in Session: A Look at the Role of Agencies and Courts in Recent Cases Applying the Chevron Doctrine

On June 26, 2016, in Tolle Lege Articles, by lawreview

By John M. Scheib* Citation: 61 Vill. L. Rev. Tolle Lege 37 (2016) Click here to read the full article. I. Introduction In 1984, the United States Supreme Court enunciated a test that defers to regulatory agencies when construing ambiguous statutes.  From the earliest days of the Republic, however, that task fell to the courts.  […]

Don’t Press Send: Commonwealth v. Diego Takes Reasonable Expectation of Privacy Away From Texters

On June 11, 2016, in Tolle Lege Articles, by lawreview

By Marc B. Robertson* Citation: 61 Vill. L. Rev. Tolle Lege 11 (2016) Click here to read the full article. “[W]e as human beings, even those of us who in words disclaim the importance of our own privacy, instinctively understand the profound importance of it.”[1] I.   YOU HAVE ONE NEW MESSAGE: AN INTRODUCTION TO THE PENNSYLVANIA […]

Wiretap Act Prosecutions of Defense Attorneys: The Serious Legal and Ethical Concerns Arising from the Use of Recorded Conversations as Evidence

On February 15, 2016, in Tolle Lege Articles, by aestepani

By: Thomas G. Wilkinson, Jr.* & Joshua N. Ruby** Citation: 61 Vill. L. Rev. Tolle Lege 1 (2016) To view the article as a PDF, click here. I. INTRODUCTION Two criminal defense lawyers in Western Pennsylvania are facing criminal charges under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (Pennsylvania Wiretap Act) for disclosing to a court […]

Third Circuit Takes the Wind Out of Frivilous Litigators’ Sails in Fair Wind Sailing, Inc. v. Dempster

On January 18, 2016, in Tolle Lege Articles, by aestepani

By: Travis Dunkelberger* Citation: 60 Vill. L. Rev. Tolle Lege 121 (2015) To view the article as a PDF, click here. “The U.S. has more costs of litigation per person than any other industrialized nation in the world, and it is crippling our economy.”1 I. LEARNING THE ROPES: DETERMINING ATTORNEYS’ FEES IN INTELLECTUAL PROPERTY LITIGATION $700,000. According […]

Keeping FLSA’s Promises: The Third Circuit Extends the Law’s Reach to More Joint Employers, Successors, and Supervisors in Thompson v. Real Estate Mortgage Network

On January 18, 2016, in Tolle Lege Articles, by aestepani

By: John M. D’Elia* Citation: 60 Vill. L. Rev. Tolle Lege 93 (2015) To view the article as a PDF, click here. “Sometimes I’d work 60, even 90 days in a row . . . . They never paid overtime.”1 – Guadalupe Rangel Mira Loma, California I. INTRODUCTION Guadalupe Rangel spent most of his waking […]

Practical Problems in Employment Law: FMLA Notices and the Not-So-Reliable Mailbox Rule

On November 18, 2015, in Tolle Lege Articles, by aestepani

By: Gina E. McAndrew* Citation: 60 Vill. L. Rev. Tolle Lege 83 (2015) To view the article as a PDF, click here. I. INTRODUCTION The Family and Medical Leave Act (FMLA) places significant responsibilities on covered employers, including, among other things, the duty to provide notice to employees of their rights under the FMLA. The […]

“I Mean, You’re Not Staff”: The Employee Classification Circuit Split and Why the Southern District of New York’s Totality of the Circumstance Test From Glatt v. Fox Searchlight Pictures Inc. Deserves a Lead Role

On March 27, 2015, in Tolle Lege Articles, by hmlenahan

By: Jamey Collidge* Citation: 60 Vill. L. Rev. Tolle Lege 55 (2015) To view the article as a PDF, click here. “[T]hose of us who support individual liberty and believe internships—paid or unpaid—better the careers of those who choose to intern understand that this market will be best served by leaving it alone.”1 I. A […]