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International Asylum Law In The U.S. Supreme Court, Lorin Utsch

Undergraduate Honors Theses

The role of international law within the United States legislative system is unclear and fluctuating. The extent to which the United States keeps its international commitments is informed by the application of international law in the country’s highest court, the Supreme Court. The Court’s use of international law varies by case, but consistently applies international law so as to maximize domestic interests. These interests may be of strategic, legal, or ideological value. The Supreme Court cites international asylum law in order to clarify domestic statutes, safeguard domestic sovereignty, and to reemphasize the Court’s preference for domestic statutes over international legal …

Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey

Senior Theses and Projects

This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …

The Supreme Court's Third Shift: Policy, Precedent, And Public Opinion Via The Shadow Docket, Taraleigh Davis

Theses and Dissertations

The Supreme Court is attracting more attention to its emergency docket – cases decided with neither briefing nor oral argument. These cases, while seemingly focused on immediate, individual problems, could potentially create policy in a way not necessarily intended or approved by Congress. Because the Court is particularly reliant on institutional support for effective policymaking and because we know that people support the Court, at least in part, due to its legalistic nature and its specific procedures, some are concerned that making decisions using this alternative, less public process as well as relying on these hastily decided cases as precedent …

The Supreme Court And Presidential Elections: An Analysis Of Divisive Decisions And Judicial Review In Presidential Elections, Jeff Hastings

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

A presidential election is, arguably, the most important event in the American political system. The Congress and the president are undoubtedly affected by the pressures and publicity of these events, but we have little understanding of whether the Supreme Court behaves differently in presidential election years. In this paper, I argue that the Supreme Court will experience more consensus in its decisions and make less use of judicial review because of the potential for heightened public scrutiny that can arise during the term overlapping with a presidential election. I test this claim using ordinary least squares regression. I find that …

After Miller V. Alabama: A Content Analysis Of Juvenile Sentencing Decisions Across The United States, Kristen H. Williams

Honors College Theses

In 2012 a Supreme Court ruling (Miller v. Alabama) determined that life without parole for juveniles was unconstitutional based on the eighth amendment. However, the Supreme Court decision only applied to ongoing and future cases. The objective of this thesis was to conduct a policy analysis on new sentencing laws (i.e., state level) and subsequent Supreme Court decisions (i.e., federal level) that impacted the juvenile court after Miller v. Alabama (2012). Furthermore, it examined differences across states as a result of newly implemented legislative actions. A search of all 50 states and federal actions was conducted to gather …

Reframing The Federal Election Commission: A Nonpartisan Solution, Abby Evans

Public Administration & Policy

The Federal Election Commission (FEC) is known for its dysfunction: political gridlock, insufficient funding, and vacancies that hinder enforcement of campaign finance law. This study suggests the root of the problem lies in the agency’s character as a bipartisan institution, and proposes a nonpartisan reframing. This research offers statistical analysis of Supreme Court justice confirmation votes to inform a theory-based restructure of the FEC. The Court’s confirmation process has historically utilized a supermajority cloture vote, however, that threshold was lowered to a simple majority in 2017. The result was an immediate spike of political polarization in the Court. Raising the …

A Study Of Safe Haven Baby Laws In The United States: One Life Saved Or Too Many Unknowns To Evaluate?, Kolby Brock

Honors Projects

Safe Haven laws allow parents or guardians to legally relinquish an infant without fear of prosecution at a designated safe site, where the infants are provided with temporary care until placed into the care of Child Service Professionals. This honors thesis project analyzes Safe Haven baby laws in their current form in the United States, finding that Safe Havens laws need to be a complement to other programs, as they alone cannot solve infant abandonment. My findings further recommend the need for policy modifications to Safe Haven laws to ensure data is being tracked to be analyzed and to build …

The Impact Of Supreme Court Make Up On Rulings Towards Administrative Agencies, Hannah N. Cothern

Honors Undergraduate Theses

This study investigated whether or not the membership of the United States Supreme Court affects the way the institution rules in cases regarding federal administrative agencies by collecting and comparing votes from 2018-2019 and 2020-2022. It found in the first section that justices showed an anti-deferential attitude towards agencies and in the second section a deferential attitude towards agencies, despite the conservative majority being larger in the second section. The result is likely due to the types of agencies and content of cases involved.

The Evaluation Of Legal Rights Granted To Non-Citizen Detainees, Julia Oldershaw

Honors Undergraduate Theses

For over two decades, the United States imprisoned and detained hundreds of suspected terrorists at the United States Naval Base in Guantánamo Bay, Cuba. While many of these prisoners were suspected of being terrorists, no formal charges were ever levied against the detainees. All of the prisoners detained were considered non-citizens of the United States. They were not citizens of either Cuba or the United States. Instead, they were citizens of another country. While the legal precedent in the United States' territorial jurisdiction is that non-citizens are granted specific Constitutional rights, Guantánamo Bay was a legal black hole to which …

Ambivalence, Legality, And Social Activism: How Daca Survived Donald J. Trump, Pamela V. Jaramillo

Senior Projects Spring 2023

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

Agenda Setting On The Supreme Court Of The United States In 1960, 1977, And 1992, Jessica L. Curtis

Dissertations

This dissertation adds to Supreme Court of the United States agenda-setting research by exploring the following overarching research question: How does the Supreme Court of the United States decide which cases it will review? In addition, this study addresses three gaps in the agenda-setting research by considering types of petitions for writ of certiorari that are often ignored by other studies, analyzing the Court’s case-selection process as a two-step process, and studying the Court’s agenda-setting trends over time. To explore these gaps in the research, an original dataset was created by collecting data on a random sample of petitions for …

The Use Of Amicus Briefs To Influence A Supreme Court Decision: Framing Espinoza V. Montana (2020), Anita F. Morgan

Doctoral Dissertations

The purpose of this qualitative content analysis was to examine how amici curiae frame policy preferences in amicus briefs submitted before the United States Supreme Court in the landmark case, Espinoza v. Montana (2020). The questions addressed in this study were what dominant policy frames do interest groups use to frame policy preference in Espinoza v. Montana (2020), and which (if any) policy frames found in the amicus briefs emerged in the written opinions of the United States Supreme Court?

Five a priori codes based on Semetko and Valkenburg’s (2000) generic frames were used to analyze 18 out of 45 …

Executive Orders On A Political Timeline: Examination Of Executive Orders In The Supreme Court And Stephen Skowronek's Theory Of Presidential Leadership, Alisha Rachele Urrutia

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The research performed here applies a theoretical model of the presidency by Stephen Skowronek that spans all of American history to the number of executive orders issued per president and the number of these orders argued before the Supreme Court per president. I hypothesized that presidents who have the fewest political resources available to them (disjunctive presidents) would issue the most executive orders, and presidents who transform the face of American government and politics (reconstructionists) would face the most Supreme Court cases dealing with executive orders. I created two datasets for this research and used descriptive statistics to evaluate these …

Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert

Political Science Undergraduate Honors Theses

For this thesis, I will analyze the tenure of five Supreme Court justices across the decades, ranging from the year 1940 up to the present year of 2022. The analysis will examine the variation between the justices' decisions at the beginning of their term compared to the decisions near the end of their term. The purpose of this study is to properly distinguish whether Supreme Court justices who have served on the bench for more than a decade are impacted by ideological drift and preference shifts throughout their career. The importance of this analysis is to determine the impact of …

Constitutional Interpretation: Have The Methods Used By The Supreme Court Changed Over Time?, Morgan A. Matney

Chancellor’s Honors Program Projects

No abstract provided.

Court Legitimacy & The Shadow Docket, Colton Tilley

Honors Theses

No abstract provided.

The Influence Of The Federalist Society On Judical Politics And Law In The United States, Peter S. K. Lynch

Theses and Dissertations--Political Science

This dissertation examines the Federalist Society, which is a network of conservative and libertarian attorneys, judges, law professors, and law students. The organization was founded by law students at Harvard Law School, Yale Law School, and the University of Chicago Law School in 1982, and has, over the last four decades, come to play a central role in law and politics in the United States. Individuals affiliated with the Federalist Society influence the law through a variety of avenues.

Federalist Society-members advance the goals of the conservative legal movement in a variety of capacities—by writing amicus curiae briefs providing the …

Redundant Reliance And The Supreme Court's Application Of Stare Decisis, Daniel Kim

CMC Senior Theses

When the Supreme Court invokes the doctrine of stare decisis in their opinions, they are appealing to the fundamental principle that precedents have authority by virtue of being a precedent. However, they also recognize other concerns that come with the decision to defer to precedents or to overturn them. In pursuit of maintaining the rule of law, the Court uses various legal tests to guide them through sometimes competing concerns of precedential authority, including what is called reliance interests: the consideration of whether the precedent has engendered a reliance to the said precedent, to the extent that overturning it would …

Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach

Honors Theses and Capstones

The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …

News Treatment Of The Supreme Court: Language Selection, Ideological Directions, And Public Support, Alexander Denison

Theses and Dissertations--Political Science

In an increasingly diverse media landscape, how much of the ideological trends seen in current news reporting affect coverage of the U.S. Supreme Court? This work examines two different aspects of the Court's activities, their decisions and the confirmation hearings of Court nominees, analyzing what factors, if any, lead to differences in coverage language. Finally, through the use of a survey experiment, I analyze whether these differences in language, in combination with positive symbolic imagery, affect attitudes toward the institution. This work provides a novel consideration of whether the Court is subject to the same ideological slant found in coverage …

A Perfect Storm For Slashing Athletic Budgets - Covid, Coaches Salaries, And Nil, Patrick L. Elliott

Capstones

Just when college athletes were beginning to see progress with landmark NIL legislation, a new threat emerged in college athletics. After years of fighting for the right to earn compensation from their athletics talents, more college teams than ever before are being eliminated due to budget concerns with universities and athletic departments.

This has been further amplified as a result of the COVID-19 pandemic and the loss of revenue from shutdowns and cancellations in 2020. Athletes in non-revenue earning sports account for well over 90% of all NIL and they are now at risk of losing the opportunity to compete …

The Federalist Society And Constitutional Interpretation: Who Gets To Say What The Constitution Says, Deborah L. Toscano

University of New Orleans Theses and Dissertations

The Federalist Society was organized in 1982 by conservative law students to counteract what they perceived to be a liberal bias in law schools, the courts, and government administration. Forty years later there is an acknowledgement of a rightward turn in the Supreme Court which scholars have attributed in part to the efforts of the Federalist Society. However, there is still little understanding of just how that change came about. This dissertation takes a step toward understanding that question. Viewing the Federalist Society as the center of a network of lawyers, think tanks, and legal institutions, I examine the influence …

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 …

Campaigning For The Court: The Effect Of Presidential Campaign Rhetoric On The Supreme Court, Mackey O'Keefe

Honors Projects

This paper investigates how presidential candidates speak about the Supreme Court on the campaign trail, and how the ideological tenor of their rhetoric influences outcomes on the Court. Rhetoric is a powerful and well-researched tool of the presidency and has often been called “the power to persuade.” Much of judicial politics scholarship works to describe judicial decision making, investigating what constrains the actions and decisions of the Supreme Court. Though some scholarship has examined how presidential rhetoric affects the Supreme Court, little has been conducted in the area of presidential campaigns. This paper argues that presidential campaign rhetoric influences the …

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 …

The Intersection Of Free Speech And Abortion: How Federal Courts Are Influencing Doctrine To Further Anti-Abortion Goals, Gina Tan

Political Science

Maintaining the accessibility to abortion has been a longstanding battle. While funding for Crisis Pregnancy Centers is increasing, states are cutting funding for abortion clinics (Ludden, 2015) and they are closing at a rate of 1.5 each week (Redden, 2015). Since Roe v. Wade (1973), hundreds of cases have been brought to challenge its legality and limit it as much as possible. The inability to challenge Roe directly has led many conservative legislators to play abortion politics by proxy, regulating what goes on inside and outside clinics, and the federal courts’ play a pivotal role in reviewing these regulations. During …

An Analysis Of Cross-Ideological Expectation Voting On The United States Supreme Court, 2000-2017, Sarah Saulsbury

Undergraduate Honors Theses

Contrasted with the other branches of government, the Supreme Court has long been an institution posing a level of secretiveness equal to its power. Naturally, that has developed a desire, and maybe necessity, to gain a better understanding regarding the principal influences of judicial decision making on America’s highest Court. One phenomenon that has long been of interest to Court observers is the notion of the justice’s voting across established ideological lines. Previous attempts to explain and reconcile cross-ideological votes have focused on the influence of external actors on the Court, its legitimacy, public opinion, and dynamics between justices. Yet, …

Elite Polarization And Gender Effects On Ideology: How This Shapes The Supreme Court On Women’S Rights Cases, Reggie Lynn Semanko

Graduate Research Theses & Dissertations

The study of ideological polarization continues to be an important topic for scholars of behavioral research to scholars of institutional politics. Polarization has not received as much attention in the context of the Supreme Court, yet polarization has begun to play a role in how the Supreme Court is shaped through the nomination process and is likely to continue in its practice. Compared to past Courts, the justices on the Court today are through party and ideology. This paper seeks to answer the question: has the voting behavior of Supreme Court justices over time in abortion and sex discrimination cases …

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 …

Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz

Honors Undergraduate Theses

While reading a news article about the upcoming presidential election one day, I noticed a trend. The vast majority of political articles discuss what the federal government should do, but almost never cover what it could do. In elementary school, American children are taught that the Constitution, a 4,543-word document, is the place from which all federal power is derived; but the Constitution says nothing about the regulation of travel, narcotics, or the vast majority of other areas that affect the way we live our daily lives, so where does that power come from? After some preliminary research, I discovered …