September Responses


PENNumbra has recently featured a number of excellent new responses to several of the Penn Law Review’s print edition articles:

Benjamin C. Zipursky, in Evidence, Unfairness, and Market-Share Liability: A Comment on Geistfeld, responds to Mark A. Geistfeld’s The Doctrinal Unity of Alternative Liability and Market-Share Liability, arguing that the proposals in Geistfeld’s “provocative and insightful” article may be too far-reaching, and specifically contending that Geistfeld’s “arguments made from a normative point of view for the principle of evidential grouping are unsound.”

David D. Meyer, in The Geography of Family Privacy, responds to Laura A. Rosenbury’s Between Home and School, praising Rosenbury for “calling attention to the lack of scholarship addressing the childrearing that takes place” outside of the home and school environs, but noting that he remains unconvinced that it wouldn’t be better to use location “not as an organizing principle, but as a more indeterminate factor in calibrating the strength of justification required of the state for any intervention in childrearing.”

Paul E. McGreal, in In Defense of Complete Preemption, responds to both Gil Seinfeld’s The Puzzle of Complete Preemption and Trevor W. Morrison’s response to Seinfeld, Complete Preemption and the Separation of Powers, arguing that both Geistfeld and Morrison fail to fully conceptualize the well-pleaded complaint rule and asserting that “the complete preemption doctrine and the bar on pleading anticipated defenses are simply two sides of the well-pleaded complaint coin.”

As always, please click on the PENNumbra link to read previous Responses and Debates, or to check out pdfs of the Penn Law Review’s print edition articles, including Issue 6 of Vol. 155—the Symposium Issue, featuring the culmination of the conversation that began last November when the Penn Law Review held a Symposium on the topic, “Responses to Global Warming: The Law, Economics, and Science of Climate Change.”

Scholars interested in participating in a debate on PENNumbra, or in writing a response to any print edition article, PENNumbra debate, or previous PENNumbra response should send an email to online@pennumbra.con.

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