Race and Politics: The Problem of Entanglement in Gerrymandering Cases

Vol. 96, No. 2

Race and Politics: The Problem of Entanglement in Gerrymandering Cases

By Stephen Menendian*

Gerrymandering—the manipulation of political districting processes and boundaries for partisan political advantage—has proven a troubling and difficult area of constitutional concern. This is partly due to the exceptionally divergent standards of judicial review applicable depending upon the basis for the gerrymander claim. The Supreme Court has consistently held that racial gerrymanders are subject to strict scrutiny review and presumptively violate the Equal Protection Clause of the Fourteenth . . .

Affirmative Acting: The Role of Law in Casting More Actors With Disabilities (A Note in Five Acts)

Vol. 96, No. 2

Affirmative Acting: The Role of Law in Casting More Actors With Disabilities (A Note in Five Acts)

By Kira Patterson*

 SETTING THE STAGE: INTRODUCTION“Always find your light.” This is a common piece of advice given to theater artists, encouraging them to make sure they can be seen on stage.See Cathy Salit, 6 Secrets from the Theater (That Anyone Can Use) for Giving Great Presentations, Performance of a Lifetime (Sept. 11, 2017), https://performanceofalifetime.com/2017/09/6-secrets-from-the-theater-for-giving-great-presentations-that-anyone-can-use . But who gets the chance to grace the stage in the first place? . . .

Analyzing the Circuit Split Over CDA Section 230(E)(2): Whether State Protections for the Right of Publicity Should be Barred

Vol. 96, No. 2

Analyzing the Circuit Split Over CDA Section 230(E)(2): Whether State Protections for the Right of Publicity Should be Barred

By Courtney Kim*

INTRODUCTIONIn 2018, coworkers notified Karen Hepp, a newscaster and co-anchor for the local Fox affiliate’s morning news program Good Day Philadelphia, that a screenshot of her smiling at a hidden security camera taken about fifteen years ago was being used in various online advertisements for erectile dysfunction and dating apps.Victor Fiorillo, Now It Can Be Told: Karen Hepp Opens Up About Her Battle With Facebook, Phila. Mag. (Sept. 24, 2021), https://www.phillymag.com/news/2021/09/24/karen-hepp-facebook-lawsuit/ . . .

Seeing and Serving Students with Substance Use Disorders Through Disability Law

Vol. 96, No. 2

Seeing and Serving Students with Substance Use Disorders Through Disability Law

By Parker Cragg*

The opioid epidemic has brought the immense harms of substance abuse to the fore of national attention. Despite a growing bipartisan consensus that substance use disorders are best addressed through treatment and community support, rather than punitive deterrence measures, policymakers have yet to allocate the necessary resources for a comprehensive and evidence-based national drug policy. Until that occurs, advocates for individuals with substance use disorders must search for reform opportunities . . .

Lenity and the Meaning of Statutes

Vol. 96, No. 2

Lenity and the Meaning of Statutes

By Jeesoo Nam*

Ordinary canons of statutory interpretation try to encode linguistic rules into jurisprudence. Their purpose is to figure out the meaning of a text, and their outcome is to determine the meaning of the text. Both the purpose and the outcome are linguistic.The rule of lenity is not an ordinary canon of statutory interpretation. The rule of lenity’s outcome is to determine the meaning of a text, giving ambiguous criminal statutes a narrow interpretation, but its purpose is public policy, protecting . . .

previous arrow
next arrow

Print Articles

Lenity and the Meaning of Statutes

Ordinary canons of statutory interpretation try to encode linguistic rules into jurisprudence. Their purpose is to figure out the meaning of a text, and their outcome is to determine the meaning of the text. Both the purpose and the outcome are linguistic. The rule of lenity is not an ordinary canon of statutory interpretation. The

Read More »

Seeing and Serving Students with Substance Use Disorders Through Disability Law

The opioid epidemic has brought the immense harms of substance abuse to the fore of national attention. Despite a growing bipartisan consensus that substance use disorders are best addressed through treatment and community support, rather than punitive deterrence measures, policymakers have yet to allocate the necessary resources for a comprehensive and evidence-based national drug policy.

Read More »

Analyzing the Circuit Split Over CDA Section 230(E)(2): Whether State Protections for the Right of Publicity Should be Barred

INTRODUCTION In 2018, coworkers notified Karen Hepp, a newscaster and co-anchor for the local Fox affiliate’s morning news program Good Day Philadelphia, that a screenshot of her smiling at a hidden security camera taken about fifteen years ago was being used in various online advertisements for erectile dysfunction and dating apps. Hepp was not previously

Read More »

Race and Politics: The Problem of Entanglement in Gerrymandering Cases

Gerrymandering—the manipulation of political districting processes and boundaries for partisan political advantage—has proven a troubling and difficult area of constitutional concern. This is partly due to the exceptionally divergent standards of judicial review applicable depending upon the basis for the gerrymander claim. The Supreme Court has consistently held that racial gerrymanders are subject to strict

Read More »

Postscript