The Roundtable
Welcome to the Roundtable, a forum for incisive commentary and analysis
on cases and developments in law and the legal system.
on cases and developments in law and the legal system.
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By Ritha Igout
Ritha Igout is a freshman studying International Relations and History in the College of Arts and Sciences interested in going to law school. The relationship between the U.S. judiciary and executive has been marked by centuries of precarious protests over power. As the first nation to address Montesquieu’s concerns and successfully establish a large republic, the U.S. is often seen as a model of federalism. Much of this success stems from the separation of powers, a balance carefully curated by the quasi-sanctified Constitution. Although effective, the Constitution leaves many areas open to interpretation. These gray areas have fanned the flames of political debate for centuries, with one of the most persistent battles being the tug-of-war between the judiciary and the executive. With recent executive orders and Supreme Court decisions raising this issue to the surface once more, the question of power–and how much each branch should have–becomes more salient than ever.
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By Hannah Steinberg
In our materialistic yet increasingly individualized society, fashion is a large form of expression and aspect of life. Even more so, fashion is a symbol of status. Luxury brands have their origins in European craftsmanship, with houses like Hermès (1837) and Louis Vuitton (1854) beginning as specialized artisans before evolving into global icons of wealth and exclusivity. Over the 20th and 21st centuries, luxury expanded beyond fashion into automobiles, jewelry, and experiences, driven by heritage, celebrity influence, and strategic marketing. The increasing role of the media has further persuaded many into aspiring to own designer items, whether it be for the monetary or fashionable personal statement it provides. Luxury items are known for being exclusive and one of a kind. Image: https://assets.medpagetoday.net/media/images/112xxx/112895.jpg?width=0.8
Aaron Tsui is a junior studying computer engineering and robotics in the School of Engineering and Applied Science interested in technology law and intellectual property. While the rapid growth of digital consumerism has created prosperous avenues for businesses and has fundamentally altered the interaction between people and products, it has also allowed for the illegal, unethical, and profit-driven exploitation of vulnerabilities in consumer behavior and psychology. Written by Michael Merolla
Michael Merolla is a second-year student at the University of Pennsylvania’s College of Arts and Sciences studying political science. On June 28, 2024, the United States Supreme Court overturned forty years of administrative precedent by issuing a landmark decision in Loper Bright Enterprises v Raimondo. The case originated from an action brought by a group of commercial fishermen – Loper Bright – against the National Marine Fisheries Services (NMFS) [1]. The fishermen found fault with the Service’s application of the Magnuson-Stevens Fishery Conservation and Management Act - passed by Congress in 1976 to combat overfishing in the seafood industry [2]. The plaintiffs were seeking redress for the NFMS’s monitoring program that required fishing companies to fund federal compliance inspectors, arguing that the agency overstepped the regulatory authority enumerated in the Magnuson-Stevens Act. In a 6-2 ruling (Justice Jackson recused herself since she ruled on the case at the D.C. Circuit), the Supreme Court ruled in favor of Loper Bright Enterprises, remanding the case back to the Appellate Court. In his majority opinion, Chief Justice Roberts states, “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority” [3]. By Ingrid Holmquist
Content Warning: This article contains mentions of sexual assault. Since the #MeToo movement took the internet by storm in 2017, social awareness surrounding the rights of sexual assault survivors has shot up. These conversations were particularly relevant in Amber Heard’s highly publicized defamation trial in 2022 [1]. While supporters of Johnny Depp harassed and mocked Heard online, legal experts watched worriedly, concerned that this may set a horrible precedent. And if the online abuse wasn’t enough, the court's ruling surely was: in June 2022, the jury found Heard liable for three counts of defamation and ordered her to pay $1 million to the man she accused of abusing her [2]. By Hannah Steinberg
In our visually expressive world, logos, symbols, and designs are often the governing force in an identification of a person, brand, or place. These trademarks often function as the key to success for companies and individuals as it allows for an increase in profitability and fame. The laws of intellectual property govern the protection and regulation of such trademarks, primarily using the Lanham Act, established by Congress in 1946. The Preventable Tragedy of the Loss of Indigenous Lives: Missing or Murdered Indigenous Peoples12/20/2024 By Khlood Awan
Native American communities have long been marginalized by U.S. legislation. The Indian Removal Act of 1830, signed into law by Andrew Jackson, forcibly displaced thousands of Native Americans from their homes and sacred lands, leading to immense suffering and loss of life. [1] This removal led to the erasure of Native American cultural identity among many tribes, as much of their identity is connected to the land Indigenous communities reside on through deeply rooted spiritual and ancestral ties. The Dawes Act of 1887 compounded this suffering by allowing the Federal Government to divide tribal lands and sell portions of it to non-Native Americans. Although the Act was eventually repealed, the fragmentation of Native lands remains an enduring issue. The devastating impacts of the Indian Removal Act and the Dawes Act continue to have negative effects on the Indigenous communities. Since the 18th century, Native American tribes have waged ongoing legal battles to reclaim unrestricted access to their ancestral territories. While some tribes have secured access to reservations, they continue to face significant challenges and systemic inequities. Written by Henessis Umacata
The opinions and views expressed in this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients. How can one’s name be used to violate individual constitutional rights? Since 2003, the United States has implemented a “No Fly” list policy which indefinitely bans U.S citizens and residents from flying to and from particular destinations. While it was originally created to prevent potentially threatening individuals from boarding commercial flights, the guidelines have received scrutiny for allowing discriminatory offenses. Criminal Justice in America: Unveiling the Inequalities Between the Dream and the Reality12/20/2024 Written by Nicole Patel
The American Dream—once a catalyst of hope, illuminating the path for possibility— has now become increasingly elusive for individuals, especially those ensnared by an inequitable justice system. And while the essence of the dream has not changed, its definition has. Individuals still believe in the core idea of achieving success and prosperity, but the way individuals experience it is different because of inequalities that have formed wedges. The shifting nature of the U.S—particularly the emphasis on a punishment system— has pushed the nation to obtain the highest incarceration rate of any independent democracy [1]. In a world where empathy has been replaced by a motivation to punish rather than reform, the very foundation of the American Dream seems to crumble under the weight of systemic inequality. Written by Ella Jewell
Laws all have the same end: Enforce justice and support a well-run society. However, in the field of international and comparative law, we find that sets of laws come in hierarchy: the United States takes precedence, western European countries’ are a close second, and laws in developed Asian nations are sub-par. This article stands to detail the history of this view- which is called legal orientalism- and critique it, as well as explain why it is harmful and what the western world can learn from Asian legal systems. |
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