“I Do” Not Want to Testify Against My Fiancé: Why Spousal Privilege and Incompetence Rules Should Apply to Engaged Couples and Cohabitating Couples

Written by Chelsey Dawson, ’20 (PDF Version)

Two federal common-law rules govern a person’s ability to testify against their current or former: spousal privilege and spousal incompetence. At the core of both of these rules is the protection of marital harmony and the benefits that society reaps from that harmony.[1] Courts have held these rules “are ‘necessary to foster family peace, not only for the benefit of husband, wife, and children, but for the benefit of the public as well.’”[2] Continue reading

Functional Speech: Cracking the First Amendment Puzzle at the Heart of the Modern Economy

Written by Owen Healy, ’20* (PDF Version)

I. Introduction

Consider the following hypothetical: A researcher at a private lab sends a sample of RNA to physicians at a hospital. The physicians combine the RNA with a protein to create a gene-editing molecule. The RNA will match a sequence of DNA on Chromosome 4, and the protein will delete a gene for Huntington’s disease. The physicians hope this procedure will provide treatment to their patient.[1] The next day, the lab receives a visit from an FDA investigator. The RNA sample is a drug, the investigator says, and distributing it to hospitals without FDA approval was a violation of federal law.[2] The lab disagrees: The researchers view a pattern of RNA bases as a message telling the physicians where in the DNA to cut. They could have sent the pattern by writing it on paper, but using RNA was convenient because the molecule would bind to the corresponding DNA sequence without circuitous translations. Moreover, the lab insists the message was nothing more than a true statement about the human genome: “Next to this pattern lies the gene for Huntington’s disease.” How can the FDA prohibit the lab from sharing knowledge about its discoveries? The lab claims it is engaging in “functional speech”—that is, speech designed to convey information to a tangible object, like a machine, with no human intermediary.[3] The disagreement between the agency and the lab is whether such a message is speech at all. While the lab focuses on the informational content of the molecule, the agency focuses on its functional capacity.[4] To the agency, the sample is no different than any other chemical designed to alter the human body.

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A Critical Look at Philadelphia’s Curfew Law

A Critical Look at Philadelphia’s Curfew Law

Written by Kimberly Stratton, ’19

A curfew is a law, regulation, or ordinance that forbids a particular class of people—typically, minors—from being outdoors in public places during prohibited times. This paper will review the political foundation for curfew laws and then examine their inherent flaws. A critical review of the application of curfew laws will reveal the disparate impact of these laws on low-income families, along with their inability to reduce juvenile crime. The paper will conclude by discussing a potential constitutional challenge to Philadelphia’s curfew law.

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The Danger of the Division of Conscience and Religious Freedom

The Danger of the Division of Conscience and Religious Freedom

Written by TJ Denley, ’19

The Department of Health and Human Services recently published a proposed rule that would expand the enforcement powers of its Conscience and Religious Freedom Division. Read on to learn more about the Division, and the impact expanded enforcement powers could have on hospitals and LGBTQ patients.

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Electronic Monitoring: A Means to the Continuation of the Commodification of American Bodies that Exists under the Current American Criminal Justice System

Electronic Monitoring: A Means to the Continuation of the Commodification of American Bodies that Exists under the Current American Criminal Justice System

Written by: Reginald Streater, ’18

Electronic Monitoring (EM) may enable those who would have otherwise been incarcerated to have higher levels of treatment or services for problems such as substance abuse, low education levels, and unemployment for the convicted, but policy discussions for or against the expansion of EM should be grounded in the context of what the criminal justice system has become today—a tool that some have taken advantage of to feed the prison industrial complex with predominately black and brown bodies…
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Focused Deterrence: An Alternative Justice System in South Philadelphia

Focused Deterrence: An Alternative Justice System in South Philadelphia

Written by: Meredith Manchester, ’18

What initially sounded like an effective tactic in combatting gang violence is, in practice, impacting the lives of several innocent young men via mere “guilty by association” charges. Read on to learn more about Philadelphia’s Focused Deterrence Program and the personal stories of Nashon Smalls and A.B.
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Should Philadelphia Establish a Bail Fund?

Should Philadelphia Establish a Bail Fund?

Written by: Alison Smeallie, ’19

One in four adults in Philadelphia jails are detained simply because they cannot pay their release. What is a bail fund and how does it help alleviate this problem?  Continue reading

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The Importance of Free Speech: “Unite the Right” Rally

The Importance of Free Speech: “Unite the Right” Rally

Written By: Tausha Saunders, ’19

By now, you have all heard about the “Unite the Right” Rally that occurred on Charlottesville, VA on August 12, 2017. But perhaps you haven’t heard that the ACLU of Virginia filed a preliminary injunction on behalf of the organizer of the Rally, Jason Kessler.  Continue reading

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History is Repeating Itself at Standing Rock

History is Repeating Itself at Standing Rock[1]
Written By: Kimya Forouzan, ’19

You have likely heard reports from Standing Rock. Water protectors. #NoDAPL. News of violence. But what exactly is happening at Standing Rock?

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SPIN Forum: Locked Out of Learning

SPIN Forum: Locked out of Learning[1]
Written By: Antarvir Kaur ’18 and Kimya Forouzan ’19

I learn America. This grammatically-incorrect yet expressive phrase is the title of a documentary on six refugee children from various countries trying to learn how to live their lives in New York City. The documentary introduced a panel discussion on a nationwide issue that is particularly felt in the local School District of Lancaster County. Continue reading

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