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Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are ...


There Is No Such Thing As Freedom Of Religion: How Constitutional Law Complicates The Divide Between Church And State, Annah Mae Heckman Jan 2019

There Is No Such Thing As Freedom Of Religion: How Constitutional Law Complicates The Divide Between Church And State, Annah Mae Heckman

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.


Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett Apr 2018

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective ...


Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin Dec 2017

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice ...


U.S. State Building And The Second Amendment, Darren Dale Gil Jun 2016

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 ...


Dominican And Haitian Relations: Changing Constitutions And Migrant Rights, Tiffany Busch May 2015

Dominican And Haitian Relations: Changing Constitutions And Migrant Rights, Tiffany Busch

Honors Projects

The Dominican Republic and Haiti share the island of Hispaniola. The two nations’ shared history can best be described as tumultuous. The French and Spanish long fought for control over the small island before ultimately becoming two independent nations. Tensions still exist between the nations. The Dominican Republic, operating under antihaitianismo, fears that the influx of Haitian people will be detrimental to the country’s economic and cultural well-being. As a result, deportations have increased. Human Rights Watch has condemned the Dominican Republic for its unethical deportation methods. Moreover, the Dominican Republic enacted a new constitution in 2010 with more ...


The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield May 2014

The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield

Chancellor’s Honors Program Projects

No abstract provided.


From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender Jan 2014

From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender

SJD Dissertations

In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be ...


Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan Jan 2013

Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan

CMC Senior Theses

In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive ...


Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms. Jan 2011

Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.

CMC Senior Theses

The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written ...