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Articles 1 - 10 of 10
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Court Legitimacy & The Shadow Docket, Colton Tilley
Court Legitimacy & The Shadow Docket, Colton Tilley
Honors Theses
No abstract provided.
Qualified Immunity: How Mississippi’S District Courts Have Shown Why The Doctrine Should Be Done Away With, Hannah E. Sawyer
Qualified Immunity: How Mississippi’S District Courts Have Shown Why The Doctrine Should Be Done Away With, Hannah E. Sawyer
Honors Theses
Qualified immunity is a legal doctrine created by the Supreme Court that has allowed police officers to violate people’s rights without fear of consequences. This doctrine protects all but the completely incompetent or those who violate people’s rights knowingly. The original intent of the Supreme Court was to prevent overdeterrence of police officers because of insubstantial lawsuits from being brought against them. This has backfired and now it seems that officers are under deterred because they are often simply placed on administrative leave with little to no consequences. The United States has seen numerous protests in just the last year …
An Analysis Of Natural Courts: How Vacancies And Replacements On The Supreme Court Best Determine The Ideological Shifts Of The Court And What Effect Longevity Has On Ideology., Lauren Moses
Honors Theses
This thesis seeks to explore natural courts and ideology among members of the Supreme Court. Most studies of the Supreme Court allocate focus to the chief justice such that the justice and his ideology determines whether the Court will be described as liberal or conservative for the chief's tenure. However, this thesis questions this model of distinction for the highest court in the land. An analysis of natural courts from Marshall through Roberts specifically targets the highest and lowest ideological shifts between natural courts to understand how vacancies and replacements manipulate the ideology of the Court. In addition to the …
Public Financing Of Elections In The States, Nicholas Meixsell
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 …
Gendered Speaking Patterns In Supreme Court Oral Arguments From 1981-2016, Gillain Purser
Gendered Speaking Patterns In Supreme Court Oral Arguments From 1981-2016, Gillain Purser
Honors Theses
This research attempts to discover whether or not the Supreme Court of the United State is subject to implicit gender biases during oral argumentation, largely through examining speaking time and the number of questions each justice is able to ask during a case's oral argumentation period. While there is substantial research on gender’s impact on communication and decision-making processes, as well as gender’s impact on court decisions, most research stops before it gets to the Supreme Court of the United States. There are two main goals to this research: First, to determine whether or not women Justices are impacted by …
Is It A Dragon? No, It's A Salamander. The Supreme Court's Effort To Slay The Partisan Gerrymander, Tim Harris
Is It A Dragon? No, It's A Salamander. The Supreme Court's Effort To Slay The Partisan Gerrymander, Tim Harris
Honors Theses
The Supreme Court sits on the precipice of undertaking major action to limit the strength and scope of partisan gerrymandering. The Court has never struck down a partisan gerrymander. Although the Court appears to possess the authority to invalidate an unconstitutionally discriminatory districting plan, it has never decided on what indicates unconstitutional discrimination in districting. It has never settled on a workable standard to judge whether or not a specific partisan gerrymander is unconstitutional. In November 2016, a lower court in Wisconsin struck down a partisan gerrymander and put forward what it claims is a workable standard to judge the …
Telling Arguments : A Weaverian Analysis Of Supreme Court Cases Regarding Civil Rights And Affirmative Action, Cathy Reno
Honors Theses
In his book, The Ethics of Rhetoric, influential rhetoric and culture scholar Richard M. Weaver articulates a framework called Grammatical Categories. These classifications are used to identify both the motivation and implications of arguments. There are four discrete categories. The first, and least difficult to formulate is the argument from circumstance. The second Grammatical Category is cause and effect, which links an action to a consequence. The third category is called the argument from similitude in which, as the name implies, the rhetor looks for inherent connections between certain objects or ideas. Finally, the argument from definition (or principle) is …
"I Respectfully Dissent" : Intellectual Leadership In The Nation's Highest Court, Alison M. Smith
"I Respectfully Dissent" : Intellectual Leadership In The Nation's Highest Court, Alison M. Smith
Honors Theses
The right of an individual to dissent from the ideas of his or her peers, or even his or her government, has been one of the defining characteristics of American civil society. The United States itself was founded as a result of American colonists' dissenting from the British government, and our Constitution established a governmental system that would not only accommodate, but encourage a process of deliberative democracy in which the views of both the many and the few would be taken into account and considered thoroughly. A system of internal checks and balances between the legislative, judicial and executive …
Uncharted Leadership : A Study Of Leadership In The Judicial Branch, Kevin Donnelly
Uncharted Leadership : A Study Of Leadership In The Judicial Branch, Kevin Donnelly
Honors Theses
This paper is the final product of a research oriented project in which I studied leadership within the federal judicial system, specifically the Supreme Court of the United States. This project was an in depth study of the amount, style, and effect of Leadership in the Judicial branch. Through this study I hoped to explore a major component of government which has somehow been ignored when studying leadership at the national level.
The Supreme Court Of The Confederate States Of America, Robert W. Ferrell
The Supreme Court Of The Confederate States Of America, Robert W. Ferrell
Honors Theses
Much has been written about the military history of the Confederate States of America, but comparatively little has been recorded regarding the civil status of the form of government behind the armed forces. This fact might be explained in many ways, upon which however we will not endeavor to expatiate, our purpose being to investigate only one phase of the civil government which has received very little attention from historians, namely, the judicial system of the Confederate States culminating in its Supreme Court.