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

On July 17, 2016, in Uncategorized, 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 […]

The Third Circuit Lays Another Trap for Unsuspecting Employers: Lupyan v. Corinthian Colleges Inc.

On March 16, 2015, in Tolle Lege Articles, by hmlenahan

By: Keely Jac Collins* Citation: 60 Vill. L. Rev. Tolle Lege 47 (2015) To view the article as a PDF, click here. I. Introduction One of the primary tenets of statutory construction is to effect the object of the statute and to promote justice.1 Likewise, when applying the Pennsylvania Rules of Civil Procedure, the Legislature instructs […]

“New Wine in an Old Bottle”: The Advent of Social Media Discovery in Pennsylvania Civil Litigation Matters

On January 30, 2015, in Uncategorized, by hmlenahan

By: Daniel E. Cummins, Esquire* Citation: 60 Vill. L. Rev. Tolle Lege 31 (2014) To view the article as a PDF, click here. In the absence of appellate guidance to date, trial courts across the Commonwealth of Pennsylvania continue to be on their own as they attempt to craft appropriate remedies to an increasing number […]