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Determinants Of Indigenous Rights Adoption In Latin America: Political Implications And Incrementalism 1960-2016, Samantha Ann Hagle

Theses and Dissertations

Broadly, this work asks: what leads to the varied political status of indigenous populations in Latin America? From a uniform point of political exclusion, in recent decades governments in the region have adopted various degrees of constitutional reforms to protect their original populations. Some indigenous populations in Latin America remain unrecognized, like those in Chile. Others have gained some recognition and access to equal democratic rights. In other countries, like Bolivia, indigenous peoples have the potential to gain constitutional autonomy and regional self-government for their communities. First, I argue that the rights expansion process depends partially upon the content of …

A President’S Best Friend: U.S. Presidents And Their Relationship With Ins V. Chadha (1983), John Mitchell Scacchi

Master's Theses and Capstones

The legislative veto – a device by which Congress approves or disapproves executive action on a particular matter – has been one of Congress’s favorite tools for keeping the executive branch, and all of its departments and agencies wielding increased regulatory and policymaking power, in check. Since 1983, when the Supreme Court ruled in INS v. Chadha that the legislative veto was unconstitutional, presidents have been warding off attempts by Congress to include the device in its legislation, relying principally on their signing statements to voice their objections. In doing so, presidents invoke Chadha extensively, with no other Court case …

The Evolution Of Substantive Due Process Throughout Time, Vitoria Olivo Factor

Honors Undergraduate Theses

Substantive due process has been of great importance to the decision of many Supreme Court cases since its beginning. Since its inception in Lochner v. New York,[1] the Supreme Court has used the theory of substantive due process in order to grant numerous rights to individuals and this theory has been interpreted differently by each Justice that has crossed its path.

This thesis will explain how recent changes in the composition of the United States Supreme Court make it likely that judicial opinions involving substantive due process will be decided differently. The United States Supreme Court’s future substantive …

The Slaughterhouse Cases: “Unforeseen” Consequences And Public Reaction, Gavin Jensen

Departmental Honors Projects

This Project focuses on the Slaughterhouse Cases, the ramifications of the Supreme Court decision, and the reaction to the decision from the public. The Slaughterhouse Cases were a series of cases originating in New Orleans around the year 1869. The white, French butchers inside the city of New Orleans had been creating a sanitary and health issue for the city for decades. The lack of ways to dispose of offal and inedible product mixed with general apathy from the butchers as to how their practices were impacting the city led to widespread cholera epidemics.

To solve this issue the newly …

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

Masterpieces Or Simply Wedding Cakes? Exploring The Boundaries Of Freedom Of Speech Through United States Supreme Court Case Masterpiece Cakeshop V. Colorado Civil Rights Commission, Margaret Mclean Quick

Honors Theses and Capstones

No abstract provided.

Of First Principles & Organic Laws, Pietro Poggi

Dissertations, Masters Theses, Capstones, and Culminating Projects

The First Principles and Organic Laws of the United States ought to be part of a daily discussion at every water cooler and every dinner table in the country. Instead, it is entirely possible there have been days, weeks, months—or even years—when neither term has been spoken anywhere in America. Yet, during the first several decades of the country’s existence, the concepts of First Principles and Organic Laws were commonly discussed; in fact these notions were crucial to the founding of the country and its political organization. Works concerning the foundation of the United States, the Declaration of Independence, the …

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …

Maqasid Al-Shari'a: A Tool Of Mediation In The Politics Of The Egyptian Supreme Constitutional Court, Reem Shehab Khalil

Theses and Dissertations

Maqasid al-Shari’a is a term that is widely used nowadays in the field of Islamic law. However, since the beginning of the 1990s, the Supreme Constitutional Court (SCC) of Egypt, in its interpretation of Article 2 of the Egyptian Constitution, started endorsing the maqasid as a framework through which it conceptualizes the application of Islamic law. Also, with Islamists and religious figures using the maqasid as a framework to use reason and adopt the traditional Islamic jurisprudence to the modern contexts, it is essential to trace how the classical theory of maqasid was developed and what are the constituents of …

The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia

Electronic Thesis and Dissertation Repository

The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court’s verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government’s criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental …

The Development And Evaluation Of A High School Law Education Unit, Gail Kennedy

Abraham S. Fischler College of Education ETD Archive

The author developed and implemented a Law Education Unit in a metropolitan high school setting to promote the knowledge of law and the legal system of 130 high school seniors. The unit’s sims were to enable the student to identify sources of law, to describe how our legal system work and how individual rights and obligations are interrelated, to describe the consequences to the individual and society of disobeying the law and the personal and social values of obeying it, to define legal concepts, and to identify important Supreme Court decisions. The unit contained four basic components: introducing law, exploring …