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Full-Text Articles in Law
Free Speech And Its Limits: An Exploration Of Tolerance In The Digital Age, Jamie Forte
Free Speech And Its Limits: An Exploration Of Tolerance In The Digital Age, Jamie Forte
Undergraduate Honors Theses
Humans have made remarkable strides in protecting and preserving free speech despite an overwhelming historical legacy of censorship and suppression of dissent. Given that history makes clear how easy it is to slide into authoritarianism and sacrifice our rights in the name of security, and given that we find ourselves frequently facing the temptation to do so, this is not an unreasonable position. If the United States is one of the few bastions of free speech in an otherwise unfree world, then we must defend this freedom vehemently, or so the argument goes. While this position is not an unreasonable …
“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia, Lauren Miller
“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia, Lauren Miller
Undergraduate Honors Theses
The presence of Confederate symbols and other reminders of white institutional power in courtrooms introduces a risk that impermissible factors such as implicit bias, conscious prejudice, and sympathy for white supremacy will harm litigants’ rights. I compiled data for 210 of 328 courts (64%) in the Commonwealth and found that there are more than 617 portraits on display in Virginia courtrooms. At least 357 portraits depict white men, six depict Black men, fifteen depict white women, and twenty-eight depict people who served in the Confederacy, either in the government or the Confederate States Army (CSA). At least fourteen different courts …
Welcoming The Game Changer Of Human Society: A Defense Of The Moral Permissibility And Obligations Of Human Genetic Engineering, Yongkang Li
Undergraduate Honors Theses
In 2018, a Chinese scientist, Jiankun He, announced the birth of two HIV-resistant babies through his experiment of human genetic engineering. This incidence has soon shocked the entire scientific community and invoked public outrage towards He’s corrupt moral integrity.
However, this event should also act as a harbinger to the human society that the technique of human genetic engineering is rapidly approaching maturity. In that case, how should we respond?
This thesis focuses on the moral issues surrounding human genetic engineering and advertises an accepting moral attitude to this booming technology. This thesis will first discuss the types of human …
Engendering Trans Inclusion In Interscholastic And Intercollegiate Athletics: A Critical Analysis Of Sex And Gender In Sports, Title Ix Protections Post-Bostock, And Intersectional Methods Of Antidiscrimination Law, Jack Mackey
Undergraduate Honors Theses
Following the legalization of gay marriage by the Supreme Court’s ruling in Obergefell v. Hodges and the failure of so-called “bathroom bills” to gain widespread traction across the country, conservative advocacy groups have turned to the arena of locker rooms and school-sponsored sports to pursue legislative and legal action against the inclusion of transgender people in spaces according to their gender identities. This thesis takes up legal challenges presented in Hecox v. Little and Soule v. Connecticut in order to (re)articulate the means by which we understand the language of sex and gender in sports, the protections afforded to trans …
Interrogating Injustice: Carceral Feminism, Brock Turner, And The Dilemmas Of Seeking Accountability For Sexual Violence In Our Prison Nation, Willa Quinn Moffatt
Interrogating Injustice: Carceral Feminism, Brock Turner, And The Dilemmas Of Seeking Accountability For Sexual Violence In Our Prison Nation, Willa Quinn Moffatt
Undergraduate Honors Theses
This thesis uses the 2016 sexual assault case The People vs. Brock Turner to argue that there is no clear path for justice for sexual violence in the current criminal justice system while incarceration remains the primary form of punishment. I draw on court documents and the victim Chanel Miller's 2019 memoir Know My Name to inform my analysis.
I briefly review, as a necessary backdrop, how rape has historically been ignored in the criminal legal system as a serious crime and large-scale social problem and how this history is tied to anti-Black racism in the United States. I am …
A Game Theoretic Analysis Of Marbury V Madison: The Origins Of Judicial Review, Daniel R. Debutts
A Game Theoretic Analysis Of Marbury V Madison: The Origins Of Judicial Review, Daniel R. Debutts
James Blair Historical Review
The presented research seeks to further our understanding of the Supreme Court’s formation of judicial review through an historical and game theoretic analysis. Marbury v Madison (1803) has long been hailed as a foundational case in which Chief Justice Marshall outfoxed President Jefferson in a duel of wits. Yet, despite this claim, there are surprisingly few papers that apply modern game-theory to what is widely considered a landmark—and rather iconic—supreme court case. In my paper, I review this notion and, in doing so, come to better understand inter-institutional relationships and their corresponding game theoretic strategies. More importantly, however, I suggest …
Derrick Bell, Brown, And The Continuing Significance Of The Interest-Convergence Principle, Jamel K. Donnor
Derrick Bell, Brown, And The Continuing Significance Of The Interest-Convergence Principle, Jamel K. Donnor
School of Education Book Chapters
Although he spent his career as a lawyer and law school professor, Derrick Bell had a profound impact on the field of education in the area of educational equity. Among many accomplishments, Bell was the first African American to earn tenure at the Harvard Law School; he also established a new course in civil rights law and produced what has become a famous casebook: Race, Racism, and American Law. The man who could rightly be called, «The Father of Critical Race Theory,» Bell was an innovator who did things with the law that others had not thought possible. This …
The Corporate Person: How U.S Courts Transformed A Legal Phantom Into A Powerful Citizen, Zachariah J. Demeola
The Corporate Person: How U.S Courts Transformed A Legal Phantom Into A Powerful Citizen, Zachariah J. Demeola
Dissertations, Theses, and Masters Projects
No abstract provided.
Skepticism Concerning Human Agencies: Sciences Of The Self Versus 'Voluntariness' In The Law, Paul Sheldon Davies
Skepticism Concerning Human Agencies: Sciences Of The Self Versus 'Voluntariness' In The Law, Paul Sheldon Davies
Arts & Sciences Book Chapters
No abstract provided.
Eavesdropping On History: Olmstead V U.S And The Emergence Of Privacy Jurisprudence During Prohibition, Anna Leslie Krouse
Eavesdropping On History: Olmstead V U.S And The Emergence Of Privacy Jurisprudence During Prohibition, Anna Leslie Krouse
Dissertations, Theses, and Masters Projects
No abstract provided.
Honor, Gender And The Law: Defense Strategies During The Spanish Inquisition, 1526-1532, Katy Iverson
Honor, Gender And The Law: Defense Strategies During The Spanish Inquisition, 1526-1532, Katy Iverson
Dissertations, Theses, and Masters Projects
No abstract provided.
Keep On Keeping On: The Naacp And The Implementation Of Brown V. Board Of Education In Virginia, Brian James Daugherity
Keep On Keeping On: The Naacp And The Implementation Of Brown V. Board Of Education In Virginia, Brian James Daugherity
Dissertations, Theses, and Masters Projects
On May 17, 1954, the United States Supreme Court handed down one of its most important decisions in the twentieth century. Brown v. Board of Education ordered twenty-one U.S. states, including Virginia, to end racial segregation in their public schools.
The National Association for the Advancement of Colored People (NAACP), a nationally-known African American civil rights organization, had led the legal campaign to bring about the Brown decision. After its victory, the organization focused on how to bring about the implementation of the decision in the South in order to effectuate school desegregation. In the later 1950s, the NAACP filed …
Racial Interactions: A Demographic Perspective On Juror Biases In Deliberations, Jennifer K. Elek
Racial Interactions: A Demographic Perspective On Juror Biases In Deliberations, Jennifer K. Elek
Dissertations, Theses, and Masters Projects
No abstract provided.
John Marshall And Native Rights: The Law Of Nations And Scottish Enlightenment Influence, Gordon S. Barker
John Marshall And Native Rights: The Law Of Nations And Scottish Enlightenment Influence, Gordon S. Barker
Dissertations, Theses, and Masters Projects
No abstract provided.
Bootlegging And The Borderlands: Canadians, Americans, And The Prohibition -Era Northwest, Stephen T. Moore
Bootlegging And The Borderlands: Canadians, Americans, And The Prohibition -Era Northwest, Stephen T. Moore
Dissertations, Theses, and Masters Projects
Between 1920 and 1933, no issue in Canadian-American relations proved more contentious or more intractable than prohibition. While American enforcement authorities and diplomats repeatedly sought the assistance of the Dominion government to stop the flow of liquor across the border, not until 1933 did Canada acquiesce to American requests. In the meantime, Canadian brewers, distillers, rumrunners, and bootleggers were more than happy to assuage the parched throats of their American neighbors.;By examining the geographic, historical, political, economic, social, and cultural fabric of the bilateral relationship in the Pacific Northwest borderlands, this study takes a regional approach to explain the intractability …
To Urge Common Sense On The Americans: United States' Relations With France, Great Britain, And The Federal Republic Of Germany In The Context Of The Vietnam War, 1961-1968, Eugenie M. Blang
Dissertations, Theses, and Masters Projects
America's Vietnam War had profound ramifications beyond its immediate effect on Southeast Asia and the United States. This dissertation utilizes the debate over Vietnam between the United States and its major European allies, Britain, France, and West Germany, as an analytical framework to examine inter-allied relations. The "Vietnam problem" strained the traps-Atlantic alliance and revealed the respective self-interest of the four member nations. The British, French, and West Germans had serious misgivings about the American strategy in Vietnam, based on a differing view of the nature of the conflict and a pessimistic assessment of American chances for success in South …
Racial Attitude Priming And Effectiveness Of A "Black Rage" Defense, Melissa Speck Garth
Racial Attitude Priming And Effectiveness Of A "Black Rage" Defense, Melissa Speck Garth
Dissertations, Theses, and Masters Projects
No abstract provided.
From Critics To Casualties: The National Farmers Union And United States Foreign Policy, 1945-1953, Bruce Edward Field
From Critics To Casualties: The National Farmers Union And United States Foreign Policy, 1945-1953, Bruce Edward Field
Dissertations, Theses, and Masters Projects
This study chronicles the change in the foreign policy views of the National Farmers Union brought about by U.S. involvement in the Korean War. Abandoning its poignant criticisms of President Truman's earlier Cold War initiatives, the nation's foremost liberal agrarian organization embraced not only American actions in Korea but on a larger scale administration attempts to further what Henry Luce termed the "American Century." This policy reversal created a rift between the national organization and various state and regional branches. The Iowa and Northeastern divisions in particular objected to the shift as a surrender of principle and as a capitulation …
Comprehension Of Miranda Rights By 14-18 Year Old African-American And Caucasian Males With And Without Learning Disabilities, Barbara Anne Zaremba
Comprehension Of Miranda Rights By 14-18 Year Old African-American And Caucasian Males With And Without Learning Disabilities, Barbara Anne Zaremba
Dissertations, Theses, and Masters Projects
According to a nationwide study completed by the National Center for State Courts in 1980, apprehended juveniles are usually notified of their Miranda rights at various times from the point of contact with the police through and including the adjudicatory hearing. If the juvenile desires to relinquish those rights, he/she is required to sign a document attesting to his/her understanding of and wish to waive those rights. This descretionery privilege places the juvenile on the same Constitutional footing as an adult.;The purpose of this study was to examine the comprehension of Miranda rights by a sample population of juveniles within …
A Critique Of Hugo Grotius's "Introduction To The Jurisprudence Of Holland", Frank Gilbert Slinkard
A Critique Of Hugo Grotius's "Introduction To The Jurisprudence Of Holland", Frank Gilbert Slinkard
Dissertations, Theses, and Masters Projects
No abstract provided.
The Changing Role Of Women In Ireland: A Political And Legal Perspective, Mary Kathryn Ayers
The Changing Role Of Women In Ireland: A Political And Legal Perspective, Mary Kathryn Ayers
Dissertations, Theses, and Masters Projects
No abstract provided.
"For Thus His Neglect": Grand Jury Presentments For Failure To Attend Church, York County, Virginia, 1750-1775, Leslie Michelle Kesler
"For Thus His Neglect": Grand Jury Presentments For Failure To Attend Church, York County, Virginia, 1750-1775, Leslie Michelle Kesler
Dissertations, Theses, and Masters Projects
No abstract provided.
The Appellate Question: A Comparative Analysis Of Supreme Courts Of Appeal In Virginia And Louisiana, 1776-1840, Mark F. Fernandez
The Appellate Question: A Comparative Analysis Of Supreme Courts Of Appeal In Virginia And Louisiana, 1776-1840, Mark F. Fernandez
Dissertations, Theses, and Masters Projects
This dissertation examines the processes that created supreme courts of appeal in Virginia and Louisiana and challenges the traditional view of Louisiana as an anomaly in the American judicial system. Comparison of the development of the Supreme Court of Louisiana to that of Virginia reveals important similarities in judicial practices and procedures, legal theory, and the role the courts played in the early political development of each state. In every area, the two states shared important intellectual and historical experiences.;In order to investigate the creation of these jurisdictions, this dissertation examines the political climate of both states; the background, education, …
Law And Women In The Seventeenth-Century Courts Of York County, Virginia, Linda Lee Sturtz
Law And Women In The Seventeenth-Century Courts Of York County, Virginia, Linda Lee Sturtz
Dissertations, Theses, and Masters Projects
No abstract provided.
Anatomy Of A Law Practice: John Marshall At The Bar, The Early Years, 1780-1788, John Thomas Wren
Anatomy Of A Law Practice: John Marshall At The Bar, The Early Years, 1780-1788, John Thomas Wren
Dissertations, Theses, and Masters Projects
No abstract provided.
The Salem Witch Trials From A Legal Perspective: The Importance Of Spectral Evidence Reconsidered, Susan Kay Ocksreider
The Salem Witch Trials From A Legal Perspective: The Importance Of Spectral Evidence Reconsidered, Susan Kay Ocksreider
Dissertations, Theses, and Masters Projects
No abstract provided.
Legal Aspects Of Probate Inventories With Examples From Writtle And Roxwell, Essex, England 1635-1749, Nancy E. Welch
Legal Aspects Of Probate Inventories With Examples From Writtle And Roxwell, Essex, England 1635-1749, Nancy E. Welch
Dissertations, Theses, and Masters Projects
No abstract provided.
The North Carolina Bar, 1746--1776, William David Martin
The North Carolina Bar, 1746--1776, William David Martin
Dissertations, Theses, and Masters Projects
No abstract provided.
Trading With The Enemy: Legal Theory And The Civil War, Carole Johnson Breitenbach
Trading With The Enemy: Legal Theory And The Civil War, Carole Johnson Breitenbach
Dissertations, Theses, and Masters Projects
No abstract provided.
Presentments Of The Grand Jury Of Northumberland County, Virginia, 1744-1770, Lawrence George Herman
Presentments Of The Grand Jury Of Northumberland County, Virginia, 1744-1770, Lawrence George Herman
Dissertations, Theses, and Masters Projects
No abstract provided.