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Chapman Law Review

Symposium: A Fifty-Year Retrospective on Major Laws of the 91st Congress

Editor’s Note

It is my honor to introduce Chapman Law Review’s first issue of volume twenty-three. This issue consists of our “paper-only symposium,” a collection of scholarly works discussing “A Fifty-Year Retrospective on Major Laws of the 91st Congress.”

The symposium opens with four articles connected with the topic of this year’s written symposium. They take a retrospective look at legislation that was proposed or passed in 1970, which was a critical year for legislation governing a myriad of health, safety, and environmental concerns. Then, we shift our focus to an article which draws close attention to the nuances of contract law. Finally, this issue is wrapped up with two pieces produced by Chapman Law Review members.

Professor Denis Binder begins the discussion with an article focusing on and applauding the flexibility of the National Environmental Policy Act in the fifty years since its inception. Next, Professor John D. Blum examines the evolving nature of cigarette smoking, including the introduction of vaping, and the impact package label warnings have had on smoking abatement since 1970 when Congress enacted the Public Health Cigarette Smoking Act. Professor F. E. Guerra-Pujol explores what could have been through his study of the demise of the Family Assistance Act of 1970 and how it would have created a negative income tax had it been enacted into law. Concluding the articles that tie into the themed symposium is Professor Oliver J. Kim’s comparative approach to the Controlled Substances Act. Professor Kim compares the CSA with three pieces of modern legislation and examines how they have handled the criminalization of marijuana. Next, Professor Robert D. Brain shifts our attention with an article focusing on the Implied Warranty of Fitness for a Particular Purpose, which is codified in the Uniform Commercial Code, and why its elimination will help solve various practical and theoretical problems. Professor Brain also includes suggested amendments to Article 2 of the U.C.C. Finally, two works written by current Chapman Law Review students close out our written symposium. Ms. Bethany J. Ring conducts a quantitative analysis regarding the impacts of United States Supreme Court Opinions on the American body of law and questions whether impacts of notable cases actually pan out as predicted. Ms. Caroline J. Cordova recognizes and discusses the present confusion and problems associated with service animal laws and presents a proposal advocating for a more uniform solution to address these issues.

Chapman Law Review is grateful for the continued support of the members of the administration and faculty that made this written symposium and the publication of this issue possible, including: Dean of Chapman University Dale E. Fowler School of Law, Matthew Parlow; our faculty advisor, Professor Celestine Richards McConville; and our faculty advisory committee,Professors Deepa Badrinarayana, Frank Doti, Ernesto Hernandez,and Kenneth Stahl. A special thank you goes to Professors Donald Kochan and Scott Howe for their assistance in formulating the concept behind this symposium and soliciting scholars. Last but not least, I would like to express my sincerest gratitude to the staff of the 2019–2020 Chapman Law Review—without your tireless work, this issue would not have been possible.