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Articles 1 - 9 of 9
Full-Text Articles in Law
Preservation Through Transformation: An Interpretive Analysis Of Title Vii’S Failure To Secure Remedy For The Wrongs Of Workplace Sexual Harassment, Halle Rudman
CMC Senior Theses
The establishment of Title VII of the Civil Rights Act of 1964 as federal law was a pivotal moment in the pursuit of workplace equality and eradication of discrimination. Unfortunately, the application of Title VII in sexual harassment cases has fallen short of the statute’s noble intentions. In this paper, I argue that the judicial treatment of Title VII has been disloyal to its original purpose, perpetuating systemic inequalities and hindering progress towards gender equality in the workplace. I first establish a framework for the reasonable construction of a statute, drawing on work from various legal theorists to establish three …
Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee
Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee
CMC Senior Theses
A system of civil recourse is a precondition for a just society. In this paper, I outline the ideal version of a system of civil recourse and analyze the accounts of various liberal philosophers to explain how a non-instrumental and mutual accountability theory of civil recourse best encapsulates its stated purpose. I analyze the American system of civil recourse, specifically tort law, and argue that it bypasses the threshold of tolerable injustice for marginalized people in the United States. Using Tommie Shelby’s framework in Dark Ghettos: Injustice, Dissent, and Reform, I argue that marginalized people are not obligated by …
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 …
Reconceiving Tort Law And The Role Of Insurance: Achieving Mutual Accountability, Grace Hong
Reconceiving Tort Law And The Role Of Insurance: Achieving Mutual Accountability, Grace Hong
CMC Senior Theses
Despite insurance being a deciding factor in whether liability is found in tort cases, it is not always reflected in tort theories and court opinions. In this paper, I offer a framework for reconceiving the role of insurance in tort law. To achieve this, I outline where insurance falls into instrumental and non-instrumental theories and why non-instrumental theories are more persuasive. After establishing this, I move to Goldberg and Zipursky’s civil recourse theory and delineate how similarities between the right to vote and right of action indicate parallel problems with failures to comprehend lack of access to the political process …
A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform, Eva Augst
CMC Senior Theses
Traditional approaches to philosophical theories of tort law have systematically undermined the individual worth and security interests of women. However, torts also provide a particularly powerful avenue for reform, in that they embody the public power of private law and offer individuals the opportunity to seek recourse and accountability for wrongs. In this paper, I offer a framework for such reformist approaches to tort philosophy, predominantly inspired by Jean Hampton’s “Feminist Contractarianism,” which requires that women be recognized as individuals with intrinsic worth who are deserving of respect. To accomplish this, I first note the particular relevance of social contract …
The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi
The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi
CMC Senior Theses
The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …
@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards
@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards
CMC Senior Theses
From threats, to hate speech, to potential criminal statements, Donald Trump has made use of Twitter like no president or world leader before him. His presidency and communication strategy have been defined by his “tweetstorms” and a consequent slew of legal issues. The prolific rate of his tweeting has made large-scale analyses difficult as they quickly become dated.
Nevertheless, this thesis has aimed for a more holistic analysis by uniquely linking trends in his tweeting to its perceived social consequences, situating this work in a long line of analyses of presidential rhetoric and media strategies. Moreover, it assesses Trump’s use …
Assigning Liability In An Autonomous World, Agni Sharma
Assigning Liability In An Autonomous World, Agni Sharma
CMC Senior Theses
Liability laws currently in use rely on a fault-based system that focuses on a causal connection between driver actions and the resulting road accident. The role of the driver is set to reduce with the emergence of autonomous vehicles, so how will liability adapt to meet the needs of an autonomous world? The paper discusses possible frameworks of liability that could be implemented in the future, and accentuates the importance of the causal aspects of the current framework in the new system.
The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi
The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi
CMC Senior Theses
This work asserts that bureaucratic organization is not only an inevitable part of the modern administrative state, but that a high quality bureaucracy within a strongly empowered executive branch is an ideal mechanism for running government in the modern era. Beginning with a philosophical inquiry into the purpose of American government as we understand it today, this paper responds to criticisms of the role of expanded government and develops a framework for evaluating the quality of differing government structures. Following an evaluation of the current debate surrounding bureaucracies (from both proponents and critics), this thesis outlines the lessons and principles …