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Articles 1 - 30 of 86
Full-Text Articles in Law
Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx.
Political Theory, Activism, And Visual Media: The Ideology Of Protest Symbols, Jilly E. Crane-Mauzy Mx.
Whittier Scholars Program
Art changes culture while policy codifies it. Radical revolutionary movements are often accompanied by equally radical shifts in art and design. I cataloged, compared, and contrasted the semiotic power of three specific symbols and their most significant historical moments in the United States. Through the examination of; Stonewall, The Equality March March Against Death, The Day The World Said No To War, The 1968 Summer Olympics, and The 2020 Black Lives Matter, the shifting of each ideologies symbol from inflammation in the media to recognition showcases the clarifying function along with creating unity and pride in community that is integral …
Tort Reform In Florida: The Impact Of Hb837, Kara E. Burns
Tort Reform In Florida: The Impact Of Hb837, Kara E. Burns
Honors Undergraduate Theses
Legislative policies play a pivotal role in shaping the socio-political landscape of a nation, addressing critical issues, and reflecting the values and priorities of its citizens. This case study examines the implementation of Florida's House Bill 837 (HB837), a significant piece of legislation that has generated substantial interest and debate. The study aims to shed light on the practical implications of this policy within the context of its introduction, passage, and subsequent results. The research of this case study explores the historical and political backdrop against which HB837 was enacted. It examines the motivations behind the bill, the debates that …
Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan
Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan
Compass: An Undergraduate Journal of American Political Ideas
In this paper, I explore how Frederick Douglass’ and St. Augustine's understanding of the corruption of God's word produced their respective achievement of freedom. In examining Augustine’s Confessions and Douglass’ Narrative, we come to understand the moral imperative of public service both thinkers promoted; the idea that individuals have a distinct social obligation to share their knowledge in a promotion of the greater good.
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
All Faculty Scholarship
President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …
Can Small Donations Have Big Consequences? Candidate Ideology, Small Donations, And Election Results In The 2016 And 2018 Congressional Cycles, Michael Borecki
Can Small Donations Have Big Consequences? Candidate Ideology, Small Donations, And Election Results In The 2016 And 2018 Congressional Cycles, Michael Borecki
Honors Projects
Small donors have provided an increased share of total campaign contributions in the 2016, 2018, and 2020 U.S. federal election cycles, including about $3 billion of the $14.4 billion raised in 2020. Campaign funding is still dominated by an influential set of large donors, but small donations may be the basis for an effective response to the disproportionate amount of “big money” in politics. This study investigates whether candidates who are more extreme perform better with small donors, and then examines the impact of small donations and overall funding on election results. These analyses were performed using linear sum-of-squares regression …
Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger
Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger
Faculty Scholarship
Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …
Pandemic Response As Border Politics, Michael R. Kenwick, Beth A. Simmons
Pandemic Response As Border Politics, Michael R. Kenwick, Beth A. Simmons
All Faculty Scholarship
Pandemics are imbued with the politics of bordering. For centuries, border closures and restrictions on foreign travelers have been the most persistent and pervasive means by which states have responded to global health crises. The ubiquity of these policies is not driven by any clear scientific consensus about their utility in the face of myriad pandemic threats. Instead, we show they are influenced by public opinion and preexisting commitments to invest in the symbols and structures of state efforts to control their borders, a concept we call border orientation. Prior to the COVID-19 pandemic, border orientation was already generally …
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
College Honors Program
This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …
The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries
The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries
Honors Thesis
This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In …
Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri
Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri
CMC Senior Theses
I have set out on the hunch that politics in America “feels different,” that we are frustrated both with our institutions as well as with one another. First, I will seek to empirically verify this claim beyond mere “feelings.” If it can be shown that these kinds of discontent genuinely exist to the extent that I believe they do, I will then explain why people feel this way and why things are different this time from the economic, political, and social points of view. Next, I will examine two potential responses, what I will call the populist and the institutional …
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Neal E. Devins
For the first time in a century, the Supreme Court is divided solely by political party.
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
1911 Triangle Factory Fire — Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around …
Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?
The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a …
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Arbitration Law Review
No abstract provided.
Race Relations In The Post-Obama Era, Ron Miller
Race Relations In The Post-Obama Era, Ron Miller
Jerry Falwell Library Events
No abstract provided.
Strict Liability's Criminogenic Effect, Paul H. Robinson
Strict Liability's Criminogenic Effect, Paul H. Robinson
All Faculty Scholarship
It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.
But this analysis fails …
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
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 …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Sean Farhang
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Defending A Mixed Economy, Herbert J. Hovenkamp
Defending A Mixed Economy, Herbert J. Hovenkamp
All Faculty Scholarship
This essay reviews Jacob S. Hacker's and Paul Pierson's very engaging book, American Amnesia: How the War on Government Led Us to Forget what Made America Prosper (2016).
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
Bruce Ledewitz
Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman
Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman
Student Scholar Symposium Abstracts and Posters
How political campaigns are financed directly affects every citizen in the United States. This can be attributed to the fact that campaign money is correlated to the laws that pass through congress and the interests that are taken into consideration. After the passage of Citizens United in 2010, campaign donation caps were lifted to allow for virtual unregulated money in politics with PACs, Super PACs and 501(c)(4)s. Although the 2010 passage of Citizens United has increased the influence of corporate and wealthy interests, individual campaign donations represent a major percentage of funds raised and are heavily relied upon. The present …
Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel
Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel
Nehal A. Patel
One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …
The Narrowing Of Federal Power By The American Political Capital, David Fontana
The Narrowing Of Federal Power By The American Political Capital, David Fontana
William & Mary Bill of Rights Journal
This Essay--prepared for a symposium hosted by the William & Mary Bill of Rights Journal on the future of the District of Columbia--argues that American federal power can be better understood by considering the features of the metropolitan area that houses the most important parts of the American federal government. In other American metropolitan areas and in most capital metropolitan areas elsewhere in the world, local life features multiple and diverse industries. Washington is the metropolitan area that houses the most important parts of the American federal government, and Washington is dominated by the government and related industries. Washington is, …
Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek
Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek
Calvin J TerBeek
Ian Haney Lopez’s new book, "Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class", has a provocative thesis. Lopez contends that dog-whistling, that is, coded racial rhetoric, “explains how politicians backed by concentrated wealth manipulate racial appeals to win elections and also to win support for regressive policies that help corporations and the super-rich, and in the process wreck the middle class." Though this may seem plausible enough, the thesis cannot stand up to scrutiny; the relevant political science literature provides no support for this. What is more, Lopez's treatment of the Supreme Court's …
Framing The Question, "Who Governs The Internet?", Robert J. Domanski
Framing The Question, "Who Governs The Internet?", Robert J. Domanski
Publications and Research
There remains a widespread perception among both the public and elements of academia that the Internet is “ungovernable”. However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to …
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Oglethorpe Journal of Undergraduate Research
America has fallen behind in women's leadership, especially in politics. In the approaching era, there will be more viable female political candidates than ever in the past, but will the public be prepared to elect a woman to high office? Studies suggest that mentalities toward female leadership have taken a shift in a positive direction. The idea of what an 'ideal' politician must offer is more feminine in the modern era than ever before. In the age of social media, female politicians have opportunities to reach more constituents through social media in a more effective way than has been offered …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Indiana Journal of Law and Social Equality
No abstract provided.
Capitalizing In The Nation’S Capital: Matching State And Regional Resources To Administration Funding Priorities, John Hudak
Brookings Scholar Lecture Series
This presentation explores the relationship between the funding and policy priorities established by presidential administrations and the financial resources provided to individual states and regions. Information gathered from a newly compiled database of all federal project grants from 1996-2008 helps illuminate the distribution of money across the 50 states. These data are complemented by field research in federal and state bureaucracies. Would you be surprised to learn that the executive branch delivers more money and grants to swing states than all other states? Furthermore, the proximity of a presidential election further enhances this preference to deliver funds to swing states. …