Penn Undergraduate Law Journal
  • Home
  • About
    • Mission
    • Masthead
    • Faculty Advisory Board
    • Partner Journals
    • Sponsors
  • Submissions
  • Full Issues
  • The Roundtable
    • Pre-Law Corner
  • Events
  • Contact
    • Contact
    • Apply
    • FAQs
  • Home
  • About
    • Mission
    • Masthead
    • Faculty Advisory Board
    • Partner Journals
    • Sponsors
  • Submissions
  • Full Issues
  • The Roundtable
    • Pre-Law Corner
  • Events
  • Contact
    • Contact
    • Apply
    • FAQs

The Roundtable


Welcome to the Roundtable, a forum for incisive commentary and analysis
on cases and developments in law and the legal system.


INTERESTED IN wRITING FOR tHE rOUNDTABLE?

Psychological Exploitation of Employees in the “Gig Economy”: Should it be Allowed?

5/28/2017

0 Comments

 
Picture
By Nicholas Parsons
Nicholas Parsons is a sophomore at the University of Pennsylvania studying Politics, Philosophy, and Economics.
 

Many businesses intentionally utilize tactics of psychological manipulation on their consumers. However, in recent years some companies have experimented with using these same tactics to incentivize their employees where monetary incentives are lacking. With the growing popularity of what is sometimes termed the “gig economy,” in which workers are contracted as freelance employees for a short period of time, companies must get creative in order to compel their workers to work in certain locations, in order to maximize profits. [1]
 
Uber, like many blossoming companies in our modern economy, can be considered a part of this growing “gig economy.” [2] As such, they are not subject to the same employee regulations. Uber in particular has been criticized for taking advantage of this freedom, utilizing numerous tactics of psychological manipulation and exploitation to motivate drivers while being legally allowed to pay less than minimum wage. With the rise in the popularity of employers which capitalize on the gig economy, we must ask ourselves - should these companies be subject to the same regulations as traditional businesses?

Read More
0 Comments

The Legality of Trump’s Strike on Syria

5/27/2017

0 Comments

 
Picture
By Jonathan Lahdo
Jonathan Lahdo is a freshman at the University of Pennsylvania studying business and international studies.


​On Tuesday, April 4th, the world was taken aback by news of a chemical attack in Syria that killed scores of innocent civilians. It has now been estimated that over 80 were killed in the rebel-held town of Khan Sheikhoun in the north-west of the country by exposure to deadly chemical weapons. [1] According to the Organisation for the Prohibition of Chemical Weapons (OPCW), at least two different chemical weapons were used, one of which caused symptoms very similar to those of sarin gas, though their tests remain inconclusive and the exact chemicals used have not yet been determined. [2]

Aside from the details of the horrific events, one main question remained: Who was responsible for these attacks?


Read More
0 Comments

How to Get Away with Murder (...Do it in Yellowstone National Park?)

5/25/2017

0 Comments

 
Picture
By Habib Olapade
Habib Olapade is a first-year law student at Yale University.

 
The perfect crime has preoccupied man’s mind for eons. Clytemnestra secretly slayed her husband, Agamemnon, with nary a scintilla of contrition. Othello privately smothered Desdemona in her uneasy slumber. And Massachusetts-native Lizzy Borden became an American pariah after she slaughtered her father and stepmother with an axe. These tales are as popular as they are gruesome. The United States Code, however, contains an unknown but interesting natural parks statute that is more sensational than any of these tragedies. It involves a careful mélange of forestry and forgotten constitutional commands.         
​
The Constitution imposes requirements on where a criminal jury trial can be held and the places where the government can draw jurors from. Article III § 2 states that the trial must take place in the state where the crime was committed. [1] The Sixth Amendment goes even further and declares that the jury must be drawn from the state and judicial district where the crime was committed. [2] What happens, though, when a crime is committed in a place that is inside the boundary of one state and the government can only procure jurors from judicial districts outside the state? ​
A thin sliver of land in Wyoming’s Yellowstone National Park fits this hypothetical. Nine percent of the Park is actually in Montana and Idaho. [3] According to the latest census, this portion of the reserve is uninhabited. [4] Yellowstone was created in 1872 before Congress admitted Montana, Idaho, and Wyoming into the union. [5] Each state, however, transferred its authority over Yellowstone to the federal government upon obtaining statehood – which means that only federal criminal statutes can be enforced in the reserve. [6] When Congress established a federal district court in Wyoming, the incorporating statute purported to give the court territorial jurisdiction over the entire Yellowstone area. [7] This means that if someone were to commit a federal crime in the Idaho (or Montana) Yellowstone area, she would have to be tried in Idaho (or Montana) because of Article III § 2. However, the government would be unable to gather jurors for the case because the Idaho and Montana portions, the exclusive area from which the government can recruit jurors, are unpopulated. The result? Our criminal receives a free walk.  


Don’t go on a crime spree just yet, though. There are other ways the federal government could hand you your just deserts. Some arguments are more persuasive than others, however. First, Congress could redraw the Wyoming district following public exposure of the loophole. It is questionable, though, whether this correction would allow prosecutors to pursue an offender who acted before the relevant changes were made because such a move would violate the constitution’s prohibition on retroactive punishment. [8] Indeed, two federal circuit courts have confirmed this observation. [9] Second, the federal government could argue that the Montana and Idaho park area is a federal enclave like the District of Columbia. This argument would make the Sixth Amendment restrictions on where the government can draw jurors inapplicable because the amendment’s reference to “states” would be beside the point. It is clear, though, that the Montana and Idaho park areas are still a part of Montana and Idaho respectively. Indeed, a federal statute explicitly states that some parts of “Yellowstone National Park [are] situated in Montana and Idaho.” [10] This argument falls flat as a result.
 
Third, the government might be able to charge you with an offense with multiple elements. For instance, if one conspires with her friend in California before committing the crime in the park, she has committed part of the offense in a state where jurors can be drawn. [11] The government could also try someone with a petty crime that carries a maximum sentence of less than six months in prison – The Supreme Court has held that these crimes do not require a jury trial. [12] Finally, assuming the government did not give chase, the victim’s family could sue the criminal in tort for wrongful death. In short, there are several ways to botch the job but thanks in part to poor congressional drafting and historical accidents the possibility of a perfect crime is still on the table. Needless to say, this brief foray into criminal law is not a call to illicit action.  


[1] U.S. Const. Art. III § 2.
[2] U.S. Const. Amend. VI.
[3] 16 U.S.C. § 21.
[4] http://factfinder.census.gov.
[5] Supra note 3.
[6] 16 U.S.C. § 24.
[7] 28 U.S.C. § 131.
[8] U.S. Const. Art. I § 10.
[9] United States v. Louwsma, 970 F.2d 797 (11th Cir. 1992). Zicarelli v. Dietz, 633 F.2d 312 (3rd Cir. 1980).
[10] 28 U.S.C. § 131 (2000).
[11] 18 U.S.C. § 1951 (1948).
[12] Callan v. Wilson, 127 U.S. 540 (1888).
Photo Credit: 
Yellowstone National Park
        
 
The opinions and views expressed through 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.
0 Comments

Natural-Born Citizenship: An Unfair Requirement for the Presidency

5/24/2017

0 Comments

 
Picture
By Habib Olapade
Habib Olapade is a first-year law student at Yale University.
 

One way to measure whether an individual is an equal community member is to ask whether that person is eligible to serve in the community’s highest office. The gratuitous burdens that non-white and female presidential candidates must endure regardless of their talent is a testament to our society’s continuing struggle with racism and sexism. [1] Our unconscious prejudice, however, is not a formal legal barrier to the presidency because “there is no superior, dominant, or ruling class” in this country. [2] Indeed, any thirty-five year old who has lived in the United States for fourteen years can technically run for the highest office in the land. [3] And it is a fundamental proposition of American life that every child can conceivably grow up to be our commander-in-chief.
    
But, is this narrative flawless? Not exactly. Article II § 1 of the U.S. Constitution states that “no person except a natural-born citizen…shall be eligible to the Office of President.” [3] The Framers were not trying to fence out babies born through Caesarian sections. Instead, this provision targets infants who were born to non-citizen couples outside American territory. [4] The natural-born citizen requirement is an exclusive outlier in an otherwise inclusive document, because it assumes that some citizens are more authentic and trustworthy than others. Nearly twenty-six million U.S. residents, some of whom have invested their all in, and risked everything for, this nation, can never lead the country because they were born abroad to non-naturalized parents.


Read More
0 Comments

The Constitutional Roadblocks to D.C. Statehood

5/5/2017

0 Comments

 
Picture
By Justin Yang
Justin Yang is a sophomore at the University of Pennsylvania studying Politics, Philosophy, and Economics.

​
On November 8th, 2016, in a referendum overshadowed by the presidential election, voters in the District of Columbia voted overwhelmingly in support of statehood for the District. The topic of D.C. statehood has been debated for decades, with strong arguments on both sides. However, one important thing that must be considered is the potential constitutional problems that might arise if the District does move towards statehood; after all, the District of Columbia has always been a unique situation in the nation’s history, and has been specially created and treated by the Constitution and the laws of our country.


The District of Columbia was created in 1790 as the seat of government of the United States, carved from land ceded by Maryland and Virginia. A special federal district was needed to prevent the federal government from being beholden to any particular state government for its everyday needs. [1] As such, Article I, Section 8 of the Constitution gives Congress exclusive jurisdiction over the district. [2] As the population of Washington grew, calls for voting rights led to the passage of the Twenty-Third Amendment, which specifically gave D.C. residents the right to vote in presidential elections. It is in this context that proponents of D.C. statehood will have to navigate in order to achieve their goals.

Read More
0 Comments

The Rise and Fall of the Filibuster

5/5/2017

0 Comments

 
Picture
By Gabriel Maliha
Gabriel Maliha is a senior at the University of Pennsylvania studying criminology.


The recent consideration by the Senate of Supreme Court nominee Neil Gorsuch and other important priorities by the new administration has brought to the fore a renewed debate about the Senate filibuster. The procedure was originally conceived as an opportunity for the upper chamber and its members to entertain open and unlimited debate on a particular bill or nominee to convince colleagues of the validity of a particular view. Over the years, it has become a parliamentary obstructive device used by minorities in the Senate to prevent votes and ultimately decisions on specific business before the chamber. [1]


The filibuster was not part of the  original 1789 Senate rules but became so shortly thereafter in 1806. Former Vice President Aaron Burr suggested eliminating limits on debate as would be worthy of a “great deliberative body” and the Senate obliged. [2] The dilatory process was used sparingly until a Democratic minority tried to block a banking bill in 1841. The sponsors threatened but failed to eliminate the filibuster. In 1917, a Republican minority blocked a bill supported by President Wilson to arm merchant marine vessels during WWI. The Senate, under popular pressure, created rule 22, the cloture motion, which allows ending debates if 2/3 of Senators present and voting concur. [3] The 1960’s witnessed a number of highly charged filibusters by Senate Democrats, including attempts to block the 1964 Civil Rights Act. In 1975, the Senate lowered cloture requirements to 3/5 of Senate membership. [4,5]

Read More
0 Comments

Life, Liberty, and Fair Housing

5/2/2017

0 Comments

 
Picture
By Cary Holley

Cary Holley is a freshman at the University of Pennsylvania studying Political Science.

Our country’s founding document proclaims certain inalienable rights: life, liberty, and the pursuit of happiness. [1] While access to fair housing may not be explicitly guaranteed, the principles that lie at the heart of the subject relate to such rights. Moreover, philosopher John Locke’s lesser-known proclamation, which inspired that of the Founding Fathers, specifically addresses housing by declaring a right to ‘life, liberty, and estate’. [2] Although legislators have made efforts to advance fair access to housing, lingering discrimination makes it hard to say that the government is fulfilling its Lockean obligations.


Read More
0 Comments

Overcrowding in the French prison system :A Need for Reform?

5/2/2017

0 Comments

 
Picture
By Natasha Darlington

Natasha Darlington is a third year at the University of Warwick studying Law.



It’s an issue that many countries are facing, but in France, overcrowding in prisons is at an all time high. On March 1, it was recorded that 69,430 people were incarcerated, and that the prisons were working at a capacity of 113%. Since, a penal law named ‘Taubira’ was signed in 2014.  As a result of this law, it has been said that 3000 more people have been incarcerated, only exacerbating the issue. This has lead to increasing tensions within the prisons as well as calls for penal reforms to try and settle the problem, an incentive particularly important during the 2017 French presidential cycle.


Read More
0 Comments

A Snapshot of Naming Laws in America

5/1/2017

0 Comments

 
Picture
By Nicholas Parsons

Nicholas Parsons is a sophomore at the University of Pennsylvania studying Politics, Philosophy, and Economics.


Should a set of adults be allowed to name their child whatever they desire? Our First Amendment right to free speech is a fundamental, inalienable freedom which extends to numerous external applications. But how much liberty do we have when it comes to naming ourselves, or our children? There, the answer is less clear. Here in America, numerous states have regulations that add limits to the types of names that can be given, for a variety of reasons. However, oftentimes the lines are blurred. In some states, the law is vague; in others, seemingly arbitrary; and in a few others, simply nonexistent.


Take, for instance, a very recent case of a child in Georgia. Two parents, Elizabeth Handy and Bilal Walk, wanted to give their daughter the surname “Allah”, because to them, it is “noble.” Despite the fact that the state of Georgia accepted that surname for their two other children, they said that this particular child would not be allowed to have that as a last name. Georgia contended that the girl’s last name “must match one of the parents - or be a combination of the two.” [1] This presents several very real problems for the daughter. Because of the state’s refusal to issue a birth certificate, the child cannot receive a Social Security number, is unable to enroll in school, and is barred from numerous other privileges as a result of Georgia’s decision.

Read More
0 Comments

    Categories

    All
    Akshita Tiwary
    Alana Bess
    Alana Mattei
    Albert Manfredi
    Alexander Saeedy
    Alexandra Aaron
    Alexandra Kanan
    Alice Giannini
    Alicia Augustin
    Alicia Kysar
    Ally Kalishman
    Ally Margolis
    Alya Abbassian
    Anika Prakash
    Anna Schwartz
    Ashley Kim
    Astha Pandey
    Audrey Pan
    Benjamin Ng'aru
    Brónach Rafferty
    Bryce Klehm
    Cary Holley
    Christina Gunzenhauser
    Christine Mitchell
    Christopher Brown
    Clarissa Alvarez
    Cole Borlee
    Connor Gallagher
    Dan Spinelli
    Dan Zhang
    David Katz
    Davis Berlind
    Derek Willie
    Dhilan Lavu
    Edgar Palomino
    Edna Simbi
    Emma Davies
    Esther Lee
    Evelyn Bond
    Filzah Belal
    Frank Geng
    Gabriel Maliha
    Georgia Ray
    Graham Reynolds
    Habib Olapade
    Hailie Goldsmith
    Haley Son
    Harshit Rai
    Henry Lininger
    Hetal Doshi
    Iris Zhang
    Irtaza Ali
    Isabela Baghdady
    Ishita Chakrabarty
    Jack Burgess
    Jessica "Lulu" Lipman
    Joe Anderson
    Jonathan Lahdo
    Jonathan Stahl
    Joseph Squillaro
    Justin Yang
    Kaitlyn Rentala
    Kanishka Bhukya
    Katie Kaufman
    Kelly Liang
    Keshav Sharma
    Ketaki Gujar
    Lauren Pak
    Lavi Ben Dor
    Libby Rozbruch
    Lindsey Li
    Luis Bravo
    Lyndsey Reeve
    Madeline Decker
    Maja Cvjetanovic
    Maliha Farrooz
    Marco DiLeonardo
    Margaret Lu
    Matthew Caulfield
    Michael Keshmiri
    Mina Nur Basmaci
    Muskan Mumtaz
    Natalie Peelish
    Natasha Darlington
    Natasha Kang
    Nayeon Kim
    Nicholas Parsons
    Nicholas Williams
    Nicole Greenstein
    Nihal Sahu
    Omar Khoury
    Owen Voutsinas Klose
    Owen Voutsinas-Klose
    Pheby Liu
    Rachel Bina
    Rachel Gu
    Rachel Pomerantz
    Rebecca Heilweil
    Regina Salmons
    Sajan Srivastava
    Sandeep Suresh
    Sanjay Dureseti
    Sarah Simon
    Saranya Das Sharma
    Saranya Sharma
    Sasha Bryski
    Saxon Bryant
    Sean Foley
    Sebastian Bates
    Serena Camici
    Shahana Banerjee
    Shannon Alvino
    Shiven Sharma
    Siddarth Sethi
    Sneha Parthasarathy
    Sneha Sharma
    Sophie Lovering
    Steven Jacobson
    Suaida Firoze
    Suprateek Neogi
    Takane Shoji
    Tanner Bowen
    Taryn MacKinney
    Thomas Cribbins
    Todd Costa
    Tyler Larkworthy
    Vatsal Patel
    Vikram Balasubramanian
    Vishwajeet Deshmukh
    Wajeeha Ahmad
    Yeonhwa Lee

    Archives

    January 2023
    December 2022
    November 2022
    September 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    March 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    December 2017
    November 2017
    October 2017
    August 2017
    July 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    April 2016
    March 2016
    February 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    November 2014
    October 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    December 2013
    November 2013
    October 2013
    September 2013

Picture
Picture
​