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.
 By Kelly Liang
Kelly Liang is a Sophomore studying Mathematics and Political Theory in the College of Arts and Sciences. Lex est quod populus iubet atque constituit - The law is what the people have agreed to and established [1]. This quote of Gaius, a celebrated Roman jurist, describes the source of power of laws, and can be further extended to understand the relation among the People (also the Citizens or the Nationals), the Law, and the State. A further dissection of the quote would lead us to the natural conclusion of a power circuit that works like the children’s game “Paper, Scissors, Rock”: 1) The People gives power to the Law by consents; 2) The Law constructs the State and gives the State power - especially in the case of constitutional government; and finally, 3) the State can use the power to govern the people and execute the Law.
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 By Anna Schwartz
Anna Schwartz is a sophomore at the University of Pennsylvania studying Political Science, French, and Economic Policy. The purpose of the WTO is to promote fair, efficient, and free global trade. At the heart of the WTO is its Appellate Body (AB), which resolves conflict between member states through processes of appeals and dispute settlement. Seven members serve on the AB with four year terms that are renewable once. The judges are balanced to reflect a range of nationalities, but do not act on behalf of their countries. Rather, they are experts in international trade who are chosen to temporarily speak for the WTO [1]. Through the reduction of the AB and threats of noncompliance with WTO decisions, President Donald Trump is executing a multi-pronged attack on the global trade system.  By Kaitlyn Rentala
Kaitlyn Rentala is a freshman at the University of Pennsylvania studying Philosophy, Politics, and Economics in the College of Arts and Sciences. “If I could choose an amendment to add to the Constitution, it would be the Equal Rights Amendment. I think we have achieved that through legislation, but legislation can be repealed, it can be altered. So I would like my granddaughters, when they pick up the Constitution, to see that notion – that women and men are persons of equal stature – I’d like them to see that is a basic principle of our society.” - Ruth Bader Ginsburg The history of the Equal Rights Amendment (ERA) has been a long and tumultuous one. Despite the widespread media attention the ERA received in the 1970s, itis widely misunderstood today. Shockingly, 80% of Americans, including many lawyers, believe the ERA is a constitutional amendment while in fact it was never ratified. [1] This also begs the question, why wasn’t the ERA ratified? With nearly two-thirds of Americans supporting the amendment, the ERA clearly holds the same cultural relevance today as it did over 40 years ago. [2] However, with the recent ratification of the ERA by Nevada and Illinois, perhaps the more pertinent question is what does the future hold for the ERA?  By Cole Borlee
Cole Borlee is a freshman in the College of Arts and Sciences One of the most notable examples of President Trump being sued is the travel ban that was first put into place in early 2017. The lawsuits poured in immediately following the executive order that instituted the travel ban. And while injunctions were granted right away, there existed a serious question among experts on whether the courts could even consider arguments against the order. This is called justiciability; that is, the ability of a court to actually hear and consider a case [1; 2].  By Emma Davies
Emma Davies is a freshman in the College of Arts and Sciences at the University of Pennsylvania. Anti-vaccine rhetoric and practices continues to hold a seat in public discourse, despite intensive research to refute myths and countless examples of its effectiveness in not only combating communicable diseases, but reducing risk of certain cancers [1]. Refueled in recent years by social media and online platforms, “a emotional contagion, digitally enabled”, as termed by Heidi Larson in Nature has begun to endanger even more individuals that before [2]. In fact, this year, the World Health Organization recognized vaccine hesitancy- the voluntary reluctance to vaccinate- as one of the top 10 global health threats , such that diseases that were once considered extinct or near extinct in certain countries are re-emerging. The United States alone saw 372 cases of measles in 2018, despite once being considered an “eliminated” disease [3]. The emerging growth of vaccine hesitancy, coupled with the re-emergence of preventable diseases, thus prompts the need for an important discussion of the legal bounds of vaccine refusal with particular emphasis on the dynamic of parental decisions and child welfare.  By Emma Davies
Emma Davies is a freshman in the College of Arts and Sciences at the University of Pennsylvania. Capital punishment, or the death penalty, has divided state legislatures, and the public since the country’s conception, and remains in the spotlight as one of America’s biggest hot-button issues. In the currently ongoing Madison v. Alabama Supreme Court case, nine justices are once again addressing this age-old topic of the death penalty, and looking at its intersection with the medical field, psychology, and understandings of culpability.  By Georgia Ray
Georgia Ray is a sophomore in the College of Arts and Sciences majoring in Cognitive Science and Urban Studies. Whether it is a businessman headed to a meeting or a college student trying to avoid their designated driver responsibilities on the way to a party, one is likely to hear the phrase “I’ll call an Uber.” Ride sharing companies are one of the most innovative inventions of the 21st century, revolutionizing the way that humans get around. Uber and Lyft are so interweaved into the fabric of daily life, especially for populations that would not typically own cars, that at this point it seems almost impossible to avoid them. By creating an unavoidable system, these companies have created a culture where the population does not question them, until they are forced to. A product’s market debut often beats its legal one, and ride sharing is no exception. When ride sharing companies took the market by storm, there were not regulations in place that specifically pertained to them and since their debut, society has been playing catch up, sometimes successfully, and sometimes not so successfully. This has created a complicated framework of legal regulations for ride sharing companies today that consumers and drivers alike are often woefully unaware of, but should take into account next time before they ride.  By Georgia Ray
Georgia Ray is a sophomore in the College of Arts and Sciences majoring in Cognitive Science and Urban Studies The leaves are finally beginning to change, the weather is getting colder, and Thanksgiving is right around the corner. Soon, families will gather to prepare mash potatoes, eat so much turkey they have to loosen their pants, and avoid talking about religion and politics at all costs. Discussing politics is provocative and the only thing that rivals politics in its divisiveness is religion. The intersection of religion and politics is a collision of ideals, morals, powerful people, hidden motives, uninformed beliefs, good intentions, and age old traditions. The old meets the new as millennia old belief systems try to reconcile their power with new age democracies, creating the United States as we know it today. However, in the modern battle between church and state, religious institutions have learned to harness their power in cohesive institutions to create a balance tipped in favor of those practicing a faith.  By Ishita Chakrabarty
Ishita Chakraborty is a guest writer for the Penn Undergraduate Law Journal’s Roundtable. The first cross-boundary targeting through drones (targeting specific individuals and facilities in a different state through remote systems being operated by persons in another state) was conducted by the US in Afghanistan in 2001. Since then, drones have been deployed in direct combat operations, despite public outcry about the “imprecise nature” of targeting. An independent report published in 2017 noted how US-led coalition strikes have killed approximately 4000 civilians, while the US Central Command claims that civilian casualties have not been more than 484 [1]. Another report indicates US-led drone strikes in one case killed 150 civilians after repeatedly bombing a school in Syria [2]. In the year 2013, the UN Special Rapporteur had called for a halt on the development of “killer robots” (triggered automatically by the target without the user’s intervention), which he said had zero considerations for human dignity. Robots could never have a final say over matters of life and death [3]. The movement again gained traction, sometime around August, 2018, when 26 countries explicitly stood up to put a stop to the development of Lethal Autonomous Weapons, and more than 70 countries met at the UN to discuss the challenges involved in outlawing autonomous weapons [4].  By Anna Schwartz
Anna Schwartz is a sophomore at the University of Pennsylvania studying Political Science, French, and Economic Policy. Countries surrounding the South China Sea have been competing for ownership of the ocean area for decades. Yet as of late, the tensions are beginning to peak. China, Taiwan, Vietnam, the Philippines, Malaysia and Brunei have all recently staked claims. The disagreements have far-reaching political implications, including increasing naval hostility from China in order to establish dominance in the region. As states place increasingly greater economic and military value on the region, deciding proprietary rights becomes more pressing. Disputes center around rights to the Paracel and Spratly islands, along with nearby rock and reef formations. Many states hope to take advantage of the region’s abundant natural resources. The body of water contains valuable fisheries and over 30% of the world’s coral reefs [1]. In 2013, for example, the South China Sea hosted around 11 billion barrels of untapped oil and 190 trillion cubic feet of natural gas [2]. Finally, newer data adds that approximately 40% of global natural gas trade and 30% of maritime oil trade passes through the South China Sea due to routes between Africa, the Persian Gulf, and Asia [3, 4]. Motivated by the potential benefits from resource deposits and sea lanes, neighboring countries are presenting their custody cases to the United Nations. |
