Digital Commons Network^™

U.S. State Building And The Second Amendment, Darren Dale Gil

Dissertations

This dissertation used a comparative case study strategy employing a mixed methods thematic content analysis approach¹ to explore U.S. government support for Second Amendment freedoms as compared to other freedoms in the U.S. Bill of Rights in American-led state-building projects in Cuba (1898-1901), Germany (1945-1949), and Iraq (2003-2005). The dissertation tested for Republican and Democratic political party support regarding Second Amendment freedoms in U.S. state-building projects. Findings from the three case studies showed that the American government did not support individual arms rights in its state-building efforts as it did with the other nine Bill of Rights freedoms. Findings …

Rights In Property And Property In Rights: Privacy, Contract And Ownership Of The Body In Anglo-American Political And Constitutional Thought, Gary L. Garrison

Doctoral Dissertations

This dissertation examines the history of the idea that people possess property rights in their own bodies. I also argue such rights are an alternative foundation on which to base the right to privacy recognized by the Supreme Court in 1965. The Court found privacy to exist in an admittedly nebulous "penumbras formed by emanations" from other parts of the Bill of Rights. I argue that privacy can be grounded on property rights as well.many founders, Madison asserted property rights in bodies of others (slaves) and similar ownership interests in wives and children. Modern notions of property are far more …

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …

Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout

College of Arts & Sciences Senior Honors Theses

No abstract provided.

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest of …

Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton

Senior Theses and Projects

No abstract provided.

Words Left Unsaid: Justice Kennedy's Opinion In Obergefell V. Hodges And The Future Of Lgbt Rights In America, Antonia Lluberes

Senior Theses and Projects

No abstract provided.

Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell

LLM Theses

Infectious diseases have recently found renewed significance in Canadian scholarship, with a corresponding increased interest in Canada's overall preparedness, including legal preparedness, to combat infectious disease emergencies. Nearly every Canadian province has emergency legislation containing a "basket clause" - a provision which, for the duration of an emergency, authorizes a decision maker to take 'all necessary measures' to defeat it. Public health legal preparedness scholarship has not yet examined what criteria the decision maker must consider before deciding to deploy measures that could seriously impact the rights of individuals, including those under the Canadian Charter of Rights and Freedoms. This …

What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga

Duke Law Master of Judicial Studies Theses

From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.

To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford

Honors Undergraduate Theses

The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions to …

The Second Amendment In The 21st Century: An In-Depth Examination Of Firearm Freedoms And Their Relationship With Public Safety And Interests, Mathew E. Klein

Honors Undergraduate Theses

One of the most hotly contested topics in the world today revolves around an object. An object that has caused debate among all members of society both in the United States, and all across the globe. But how could an object, something that on its own does nothing, spur such heated argument? This object is the evolution of invention and the product of fighting amongst each other. This object changes the way people think and how they act. This object can be used for both good and bad. This object is a gun.

This research project will explore the Second …

Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan

Senior Independent Study Theses

The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.

Why Foreign Policy Principles Persist: Understanding The Reinterpretations Of Japan’S Article 9 And Switzerland’S Neutrality, Yuki Numata

Pomona Senior Theses

This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the …

Microaggressions, Trigger Warnings, And The Fight To Redefine Free Speech: An Analysis Of The Judiciary's Response To Campus Speech Codes Through Liberal And Communitarian Perspectives, Madeleine G. O'Neill

Senior Independent Study Theses

As campus speech codes enjoy a renaissance surrounding microaggressions and trigger warnings, understanding how and whether such speech codes can stand up to constitutional scrutiny is crucial. This project offers a historical overview of the evolution of free speech in U.S. history, with a particular focus on the jurisprudential history of hate speech and the “first wave” of litigation surrounding campus speech codes in the 1980s and ’90s. I use two theoretical frameworks, liberalism and communitarianism, to analyze the judiciary’s response to speech codes and to understand whether that response aligns with either framework. Lastly, I offer three proposals for …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.