Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

The Nuclear Threat: A Homeland Security Perspective, Renae Katherine Harvey May 2024

The Nuclear Threat: A Homeland Security Perspective, Renae Katherine Harvey

Doctoral Dissertations and Projects

On December 8, 1987, the United States and Russia signed the Intermediate-Range Nuclear Forces Treaty. Since then, it has been a common misconception that this solidified the end of the Cold War and the Nuclear Arms Race. To this day, nuclear installations are plaguing bordering countries within the European Union. As a result, severe transnational issues become evident as transnational crime groups grow and technological advancements of terrorist groups continue to gain ground within the nuclear power threshold. Furthermore, countries within the Asian Peninsula and the Middle East continue to demonstrate nuclear prowess via mass media attention as a sense …


Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter Apr 2024

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Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior.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 …


“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten Sep 2023

“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten

Doctoral Dissertations and Projects

Freedom suits of enslaved people in Virginia who claimed liberty based upon matrilineal descent from a Native American woman provide a multi-dimensional lens into social, cultural, and legal aspects of colonial and antebellum considerations of race, kinship, and self-determination. Within records of depositions are detailed transcriptions of questions posed to neighbors, family members, acquaintances of enslavers, and slaveowners themselves. Answers reveal a nuanced and complicated set of opinions concerning who had a right to freedom. Local memory banks overflowed with detailed descriptions of the plaintiff and his or her native ancestress, including skin color, hair texture, and manners. Within isolated …


The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson May 2022

The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson

Doctoral Dissertations and Projects

More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents, …


Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone Apr 2022

Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone

Senior Honors Theses

The actions of ancient Near Eastern warrior gods are often depicted as acts of vengeance, greed, and brutality, serving selfish ambition and never-ending power struggles. These gods and their warfare ethic dominated the worldview of the ancient world in which the events of the Old Testament took place. The actions of the Hebrew God are often included, even emphasized, in discussions of ancient divine warfare today. There are supposed similarities between the actions of war gods like Anat from the Ugaritic pantheon and those of Yahweh from ancient Israel. Unfortunately, this has led to the present-day belief that the God …


Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd Apr 2022

Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd

Senior Honors Theses

The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …


The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger Apr 2022

The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger

Senior Honors Theses

The Diaoyu Islands are a small, uninhabited archipelago in the East China Sea which has begun increasing in strategic significance due to its advantageous location near Taiwan and along the First Island Chain. The islands are currently under Japanese administration, but the People’s Republic of China considers them historically Chinese and contests Japan’s claim to the islands. A careful examination of China’s actions in challenging Japan’s rule over the Diaoyus reveals the influence of the Thirty-Six Stratagems, a tome of ancient Chinese military wisdom which provides a framework onto which China’s current strategy corresponds. This thesis examines the historical …


An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann Dec 2020

An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann

Senior Honors Theses

Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. Over time, Hong Kongers have seen Beijing blatantly tighten its grip before time was up for the fifty-year agreement since the handover in 1997. In 2014, and again in 2019, hundreds of thousands of citizens filled the streets to participate in pro-democracy demonstrations with the protests only gaining momentum and influence. While there has mostly been support for Hong Kong’s independence movement, there has been argument that Beijing’s actions are completely justified. Should Hong Kong remain autonomous from China, and …


Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard Apr 2020

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …


Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg Oct 2019

Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg

Senior Honors Theses

The late Reverend Jerry Falwell, Sr., founder of Thomas Road Baptist Church and president of the Moral Majority, was a prominent figure in conservative politics beginning in the late 1970s. His opinions regarding preachers and politics changed throughout his life, as did his beliefs about race in America and the church. His views on race affected his preaching and political involvement, and in his later life he retracted from the segregationist beliefs he held at the beginning of his ministry. While Falwell’s prominent roles in the Religious Right and Moral Majority have previously been explored, this paper seeks to present …


Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope Apr 2019

Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope

Senior Honors Theses

The symbolic concept of separation between church and state defines the relationship between government and religion. While Jefferson did not author the phrase, the third President of the United States promoted the philosophy of a wall of separation between church and state in his letter to the Danbury Baptists in 1802. Jefferson’s support for a wall of separation stemmed from a strong belief in liberty of conscience and relied heavily upon the conviction to protect religious liberty. Through an analysis on the contextual history of the phrase, the original intent and application of separation of church and state becomes evident. …


North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker Nov 2018

North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker

Senior Honors Theses

North Korea’s road of survival began in the aftermath of World War II, when the United States and the Soviet Union sparred over rival ideologies. Ultimately, Korea split into a free south and an authoritarian north. Over seventy years later, North Korea remains a bastion of communism. Nuclear weaponry is a factor behind North Korea’s survival, and the history of their program can offer insight for American policy makers today. This paper offers a history of North Korea’s nuclear weapons program during the Clinton presidency, along with recommendations for present day policy makers. Without an understanding of history decision-makers tend …


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


Scriptural Justification For The American Revolution, Samuel Ewing Oct 2017

Scriptural Justification For The American Revolution, Samuel Ewing

Senior Honors Theses

This thesis will seek to examine the intention of the Founding Fathers regarding their decision to break from England in what became the American Revolution. On July 4th, 1776, fifty-five men gathered to sign the defining document of their cause – the Declaration of Independence. As the document presents the climactic argument against the English crown, this thesis will seek to analyze its writers’ intentions, presuppositions, and rationalizations. Ultimately, this thesis will demonstrate that the Founders not only sought biblical justification for their actions and opinions, but followed the letter of biblical and common law in order to …


States' Rights Apogee, 1760-1840, Ryan Setliff Oct 2012

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …


Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert Mar 2005

Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert

Faculty Publications and Presentations

The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.