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Articles 1 - 30 of 1338
Full-Text Articles in Law
Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish
Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish
Student Research Submissions
How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …
Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom
Senior Theses and Projects
This thesis investigates the landscape of higher education in prison (HEP) programs in Connecticut, aiming to evaluate their efficacy in ensuring a genuine right to education for incarcerated individuals. Through a comprehensive exploration grounded in human rights principles and informed by abolitionist perspectives, the research scrutinizes the availability, accessibility, acceptability, and adaptability of these programs. Drawing on insights from incarcerated students, program leaders, and existing scholarship, it delves into the intersection of education and incarceration, challenging prevailing neoliberal narratives. Furthermore, the thesis proposes actionable strategies for everyday abolition, emphasizing the need to dismantle carceral cultures and foster transformative approaches to …
The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson
The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson
Political Science Undergraduate Honors Theses
Morality policy as a discipline saw its peak during the transformative years at the turn of the 21st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …
Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera
Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera
Undergraduate Honors Theses
This thesis examines the relationship between the specific features written into multilateral treaties and their success in regulating innovative technologies. It explores why detailed treaty provisions such as periodic reviews, trigger mechanisms, amendment provisions, and knowledge sharing are critical to the effectiveness of these international agreements. I argue that the presence of these features contributes significantly to a treaty's ability to adapt to changing circumstances, ensure transparency, and facilitate ongoing cooperation and collaboration among signatories. To test this claim, I completed an in-depth case study analysis of technologies like railroads, telegraphs, electricity, and nuclear weapons. The findings indicate that treaties …
Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter
Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter
Senior Honors Theses
Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …
Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson
Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson
Honors Thesis
Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …
Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman
Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman
Theses
Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock
CMC Senior Theses
This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …
The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake
The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake
Articles
The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …
Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra
Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra
MSU Graduate Theses
I knew from a young age that I never wanted children. Whenever I expressed my disinterest in motherhood, I was often met with bewilderment, disapproval, and hostility. The church I was raised in taught me that my value and worth as a woman directly correlated with the power of my birthing hips. This fundamentalist upbringing has significantly shaped my relationship with my femininity, my body, and my artwork. When I feel powerless, turning to my art gives me a sense of control and self-expression. This body of work began as a reaction to the overturning of Roe v. Wade and …
When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter
When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter
School of Business Student Theses and Dissertations
Our democracy depends on having a supply of candidates running for elected office, but in some instances, no one wants to run. This phenomenological study asks what the effects on a healthy and vibrant democracy are if ballots are blank and the seat is filled through write-in or appointment. Rooted in democratic theory, this study explores small, rural city elections where write-ins won election. Understudied, local governments are responsible for decisions affecting the lives of millions of people each day. Workforce scarcity, the alienation of young Americans from politics, government bashing, nasty campaigns, threats of physical harm, and other barriers …
“Because I Said So”: How National Leaders Use Rhetoric To Frame The Issues Of National Security And The War On Drugs, Saul Valle
History and Political Science | Senior Theses
In the preamble of the 2024 presidential election seasons in both the United States and Mexico, there has been an increase in aggressive outspoken expression by national leaders regarding how to best handle the issue of drugs and drug use across the Western hemisphere. These types of sweeping policies are often credited to President Richard Nixon, who on June 18th, 1971, initiated his “War on Drugs,” a global policy campaign intended to address the production, distribution, and consumption of the illicit drug trade. Existing scholarship on this topic has extensively analyzed the early years of the American war on drugs …
Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez
Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez
History and Political Science | Senior Theses
Historically, Immigration has played a critical role in forming the nation’s identity, economic prosperity, and promoting cultural diversity. Considering that the issue of Immigration has been in the news and is considered by many to be important and in need of policy solutions, little progress has been made on passing comprehensive immigration reform since the 113 th Congress in 2013. How members of Congress talk about Immigration is important because framing can influence public opinion, shaping perceptions of the issue and affecting policy decisions. Members may use their platform to communicate how they think about policy issues. Research has been …
Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal
Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal
West Chester University Master’s Theses
Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
CMC Senior Theses
Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …
For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen
For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen
CMC Senior Theses
The U.S. Constitution does not enshrine socioeconomic rights. Why does this matter? Many argue that socioeconomic rights have value in and of themselves because they secure certain minimum conditions of human dignity, but socioeconomic rights also have instrumental value because abject material deprivation often makes traditional political and civil rights meaningless. In this thesis, I explore the relationship between U.S. constitutional law and socioeconomic rights through an analysis of the Warren Court’s decisions regarding socioeconomic class. In Chapter 1, I present existing literature on socioeconomic rights, socioeconomic rights in the American context, and what many scholars see as the Warren …
Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady
Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady
Maine Policy Review
Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …
It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer
It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer
Compass: An Undergraduate Journal of American Political Ideas
Using a blend of primary and secondary sources, this research paper examines the lesser-known newspaper debate between Chief Justice John Marshall and Judge Spencer Roane of the Virginia Court of Appeals. The purpose of this research is to answer one question: What were the fundamental issues that divided early Americans as demonstrated by the landmark case of McCulloch v. Maryland (1819)? To contribute to the ongoing discussion of McCulloch and its significance, my paper attempts to understand the issues surrounding McCulloch within its broader, historical context. Instead of confining its importance to the Second Bank of the United States, I …
The Bork Nomination And Degradation Of Debate, Alexa Mast
The Bork Nomination And Degradation Of Debate, Alexa Mast
Honors Projects and Presentations: Undergraduate
The president’s power to nominate Supreme Court justices could be the tool best-suited for crafting a legacy, for it is the power to impact the nation well beyond the length of his term. With the unraveling of the New Deal coalition and the ascension of the Rehnquist Court, the retirement of Justice Lewis F. Powell invited the opportunity for President Ronald Reagan to secure a conservative majority on the Supreme Court for the next generation. His nominee was one of the most prominent conservative legal scholars in the nation, and a favorite of the Republican party who boasted an impressive …
"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson
"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson
Faculty Scholarship
In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo
Doctoral Dissertations
“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …
Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs
Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs
Digital Legal Research Lab
No abstract provided.
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Reports and Resources
No abstract provided.
The Unitary Executive Theory: Benefits And Dangers, Dani Heba
The Unitary Executive Theory: Benefits And Dangers, Dani Heba
Student Theses and Dissertations
This paper examines the unitary executive theory's growth and implications for the modern presidency.
Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse
Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse
Major Papers
This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …
The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis
The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis
Electronic Theses & Dissertations
This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …
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
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 Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis
The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
Prostitution And Pornography: Reforming A Perspective, Mayce Combs
Prostitution And Pornography: Reforming A Perspective, Mayce Combs
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …
Eugenics Not Eradication: How People With Disabilities Have Lost The Right To Life, Ava Standish
Eugenics Not Eradication: How People With Disabilities Have Lost The Right To Life, Ava Standish
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Disability-selective abortion stems from a eugenical philosophy not a hope of eradication. Disabilities cannot be eradicated because they are not diseases. Eugenics seeks to purify society from those who are considered “inferior” and to encourage the rate of births considered “superior.” Eugenics continues today through selective abortion of children with disabilities. These children deserve the right to life guaranteed by natural rights, human rights, and the laws of the United States. Children with disabilities, particularly Down Syndrome, have lost this right to life in the United States and abroad. In the United States, 67% of children with Down Syndrome are …