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Volume 23, Issue 3 (2014)

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Volume 23, Issue 2 (2014)

Annual Survey of Pennsylvania Administrative Law

Table of Contents

Administrative Agency Statutory Interpretation

Girard Finance Co. v. Pennsylvania Human Relations Commission: Taking a Stand Against Unfair Lending Practices by Camille Howlett

Northside Urban Pathways Charter School v. State Charter School Appeal Board: Implied Powers within the Pennsylvania Charter School Law by Philip M. McCarthy

What a Difference a Coordinating Conjunction Makes: A Survey of Glatfelter Pulpwood Co. v. Commonwealth by Langdon Ramsburg

The Supreme Court of Pennsylvania’s Role in Statutory Interpretation: An Examination of Yussen, M.D. v. Medical Care Availability & Reduction of Error Fund by Katherine Riggleman-Thomas

Rodriguez v. Department of Transportation: An Opportunity to Expand the Real Estate Exception to Sovereign Immunity by Jennifer Robinson

Licensing

Applying the Prudent Man Standard in Gaming Licensing while Continuing to Disregard the Clear and Convincing Evidence Requirement: Mason-Dixon Resorts, L.P. v. Pennsylvania Gaming Control Board by Patrick M. Erne

Pennsylvania Gaming Control Board v. Office of Open Records: Unaddressed Requests a Valid Right-to-Know Request? by Kate Nixon

An Expansion of Agency Power: A Survey of Pennsylvania State Police Borough of Liquor Control Enforcement v. Progress Fire Co. Home Ass’n by Nicholas Peters

Right-to-Know Law

Hearst Television, Inc. v. Norris: Interpreting the Right-to-Know Law’s Conflict Provision by Lara Antonuk

Pennsylvanians Have a Right-to-Know, but No Right to Know When They Have a Right-to-Know by Timothy R. Bishop

A Survey Analysis of Silver v. Borough of Wilkinsburg: An Interpretation of Final Action Under 708(b)(7)(viii) of the Pennsylvania Right-to-Know Law by Meredith DeMark

Hey Steinbrenner, Gimme Those Records! An Examination of the Supreme Court of Pennsylvania’s Decision in SWB Yankees, LLC v. Wintermantel by Thomas McQuillan

Pennsylvania State Education Ass’n v. Department of Community & Economic Development: Affording Due Process Rights Under the Right-to-Know Law by Andrew Race

Unemployment Compensation

Diehl v. Unemployment Compensation Board of Review: Broadening Unemployment Compensation Laws in Pennsylvania by Jerika Cummiskey

The Analysis of Section 802(h) and 753(l)(2)(B) of Unemployment Compensation Law: Quality Care Options v. Unemployment Compensation Board of Review Sheds Light on How to Analyze and Apply the Two-Prong Test of 753(l)(2)(B) by Thomas Gallagher

Evidence and Administrations: How Bell Beverage v. Unemployment Compensation Board of Review Changed Unemployment Compensation Law for the Worst by Mitchell Jones

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Volume 23, Issue 1 (2013)

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Widener Law Journal Administrative Board, Volume 24 (2014-2015)

February 24th, 2014 No comments

The Widener Law Journal is proud to announce the Administrative Board for the 2014-2015 academic year.

Editor-in-Chief: Richard Rinaldi

Executive Managing Editor: Johelys Cecala

Internal Managing Editor: Ryan Gonder

Business/External Managing Editor: Olivia Unger

Pennsylvania Law & Symposium Editor: Melissa Toaltoan

Internal Supervising Editors: Elizabeth Decastro & Molly Zarefoss

The Journal is excited to have such a talented and dedicated group to lead the Journal in its 24th year of publishing!

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Widener Law Journal Hosts Annual Spring Symposium

January 27th, 2014 No comments

Monday, April 14, 2014; 8:00 am to 4:00 pm Harrisburg Campus

Bankruptcy and Beyond: Solving the Problem of Municipal Financial Distress

 

Municipal financial distress is a problem of enormous importance both nationally and in Pennsylvania. Detroit recently filed the largest municipal bankruptcy case in history, 21 cities in Pennsylvania are in Act 47, the Municipalities Financial Recovery Act program, and Harrisburg is on its way to recovery after operating in receivership for over two years. This Symposium, presented by the Widener Law Journal of Widener University School of Law’s Harrisburg Campus, will explore the causes of municipal distress and approaches to alleviating the problem. Reducing existing debt is not enough; policymakers must think creatively about municipal structure, finance, and expenditures. The invited speakers include experts in state and local government law, municipal finance and tax issues, public pensions, and Chapter 9 bankruptcy.  The Symposium will provide a unique opportunity for nationally recognized scholars in a variety of areas related to municipal financial distress to exchange ideas with professionals involved in Harrisburg’s recovery. Six CLE credits will be available for Pennsylvania and Delaware lawyers.

 

Keynote Speaker: General William Lynch, Receiver for the City of Harrisburg

 

Speakers:

 

•Michelle Wilde Anderson, University of California, Berkeley School of Law

•Hon. Thomas Bennett, U.S. Bankruptcy Court, Northern District of Alabama

•Christine Sgarlata Chung, Albany Law School

•Hon. Mary D. France, U.S. Bankruptcy Court, Middle District of Pennsylvania

•Mark Kaufman, McKenna Long & Aldridge LLP

•Juliet M. Moringiello, Widener University School of Law

•Matthew Parlow, Marquette University School of Law

•Randle Pollard, Indiana University Kelley School of Business

•Scott Pryor, Regent University School of Law

•Frank H. Shafroth, George Mason University

•David A. Skeel, University of Pennsylvania School of Law

•David Thornburgh, University of Pennsylvania Fels Institute of Government

•David Unkovic, McNees Wallace & Nurick LLC

 

 

 

 

Contact: Sandy Graeff ∙ 717 541-3965 ∙ slgraeff@widener.edu

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Widener Law Journal Volume 23 2013-2014 Members

August 6th, 2013 No comments

 

Widener Law Journal

Volume 23
2013-2014

Administrative Board
Katherine Riggleman-Thomas

Editor-in-Chief

Camille Howlett

Executive Managing Editor

Lara Antonuk
Internal Managing Editor

Meredith DeMark
Business/External Managing Editor

Jennifer Robinson
Pennsylvania Law Editor

Mitchell Jones
Symposium Editor

Jerika Cummiskey

Thomas Gallagher

Kate Nixon
Internal Supervising Editors

Senior Staff
Matthew Androsky

Timothy Bishop

Patrick Erne

Philip McCarthy

Nicholas Peters

Andrew Race

Langdon Ramsburg

Survey Staff

Talia Danon

Shane Heberling

Associate Staff

 Kacy Catalano

Johelys Cecala

Martha Decastro

Ryan Gonder

Nikki Harrison

Anthony Holbert

Jordan Marzzacco

Travis Petty

Richard Rinaldi

Melissa Toaltoan

Olivia Unger

Molly Zarefoss

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Widener Law Journal Administrative Board, Volume 23 (2013-2014)

The Widener Law Journal is proud to announce the Administrative Board for the 2013-2014 academic year.

Editor-in-Chief: Katherine Riggleman-Thomas

Executive Managing Editor: Camille Howlett

Internal Managing Editor: Lara Antonuk

Business/External Managing Editor: Meredith DeMark

Symposium Editor: Mitchell Jones

Pennsylvania Law Editor: Jennifer Robinson

Internal Supervising Editors: Thomas Gallagher and Jerika Cummiskey

The Journal is excited to have such a talented and dedicated group to lead the Journal in its 23rd year of publishing!

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Legislative Reapportionment

February 25th, 2011 No comments

On January 26, 2011, the Legislative Reapportionment Committee, chaired by John Gedid, Esq., conducted hearings at Widener’s Harrisburg campus pertaining to addressing issues with past redistricting and considering the possibility of an amendment to the Pennsylvania Constitution. After the invited speakers gave presentations, audience members were offered a chance to briefly address the Committee. The first person to speak was Joseph Holaska, a 3RD student and an Internal Editor for the Widener Law Journal. Joseph recently completed a Directed Research paper with Widener Law Journal Faculty Advisor Michael Dimino recommending potential changes to the Pennsylvania Constitution to address redistricting issues. He summarized his paper’s conclusions to the committee, suggesting that they look at certain other states’ practices for guidance. After he spoke, Gedid requested that he make his paper available to the Committee for their review.

Symposium: Model State Administrative Procedure Act

February 25th, 2011 No comments

On Monday, November 8th, the Widener Law Journal, in cooperation with the Law & Government Instituted, hosted a distinguished panel of speakers at a symposium entitled “Modernizing Agency Practice: The 2010 Model State Administrative Procedure Act.” Organized by Symposium editor Curtis Erwin, the event drew a sizable audience to hear from a range of noted administrative law experts, including several who worked on the 2010 Model State Administrative Procedure Act.

Speakers at the symposium included UCLA Professor Emeritus and Stanford Law School Visiting Professor Emeritus Michael Asimow; Henry Hitchcock Professor of Law at Washington University School of Law Ronald Levin, who served as ABA Advisor to the Drafting Committee to Revise the Model State Administrative Procedure Act; Baylor Law School Professor Ron Beal; Emeritus Professor of Law William Andersen of the University of Washington School of Law; Rutgers School of Law Professor and Herbert Hannoch Scholar Bernard W. Bell; Pepperdine University School of Law Professor Gregory L. Ogden, who served as the committee’s reporter from 2006 until the conclusion of the project; and Widener Law Professor and Director of the Law & Government Institute John L. Gedid, who served as the committee’s reporter from 2003 until 2006 and then as a commissioner.

All journal members attended the symposium and assisted the speakers by providing administrative support in addition to participating in the panel discussions and question and answer sessions. The Widener Law Journal will be publishing all of the articles based on the symposium in the upcoming volumes.

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Relay for Life

February 14th, 2011 No comments

The Widener Law Journal sponsored a team at the Annual Relay for Life held on October 16, 2010. The journal’s theme this year was “Tackling Cancer” and each journal member wore their favorite football jersey. Journal members walked, provided food, and gave support all day long. Arriving as early as 7am, the journal was represented by Editor-in-Chief Jim Hoppenjans, Internal Managing Editor Ashley Gustitus, and Associate Staff Members Maria Allegretto, Anthony Bowers, Wallace Rejrat, Maeve Scanlon, Jordan Spahr, and Jake Sulzer.

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TheThe

The Ladderball tournament hosted by the Journal was a big hit with all Relay participants and eventually won by SBA 3rd District Governor Paul Edger.

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The RelayThe Relay

The Relay lasted all day before Widener Law Journal Alumni Jason Gottesman finished the day off as the closing speaker. Pictured below, Jason related his experiences and challenges with cancer in addition to recounting his eventual victory over cancer to all who attended. A total of $17,654.80 was raised for the American Cancer Society.

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