Law Commons^™

A Retrospective Analysis Of Police And Legal Procedure In The West Memphis Three Murders, Nathan Scolaro

Scholars Day Conference

Presentation covering an overview of the West Memphis Three, key police and legal failings in the process and investigation, before concluding with policy suggestions.

The Link Between Intellectual Disability And Juvenile Delinquency, Scarlet Bates

Scholars Day Conference

The correlation between intellectual disability and juvenile delinquency is striking. Across the globe we see a higher number of offenders with an intellectual disability. Youths with intellectual disabilities may be more likely to engage in delinquent behavior. Early identification and intervention for intellectual disabilities, along with support for social and emotional development, could be crucial in reducing the likelihood of juvenile delinquency.

Next Steps: Arkansas's Journey In The Fight Against Sex Trafficking, Maddie Bailey

Honors Theses

While the term “human trafficking” has often been accompanied by the belief that it is another country’s problem, human trafficking happens in all 50 states, even here in Arkansas. Great progress has been made, but there is still a long way to go in the process of eradicating trafficking in our state. Using research from Shared Hope International, the JuST Conference, national databases, and more, this thesis addresses specific areas that Arkansas can improve in their Next Steps toward ending trafficking.

An Overview Of Foster Care, Rachel M. Smith

Honors Theses

If my life were to represent a novel, the beginning chapters would be filled with countless stories of people pouring into and investing in me to ensure that I have a successful future. As I have aged and started to appreciate all that has been done for me, I want to make sure the chapters that finish my novel are filled with stories of me giving back to others and my community.

During my time at Ouachita Baptist University, I have been given incredible opportunities to serve those around me. One example would be through my internship at the Percy …

What Happens In Vagueness Stays In Vagueness: The United States Constitution's Ideas On Race, Austin Clements

History Class Publications

The United States’ Constitution, while it may not explicitly discuss race in detail, has echoes of race throughout both its language and its history. Even during the origination of the Constitution, the inclusion of slavery was a hotly contested subject among the authors of the Constitution. The United States’ Constitution only uses the words “race” and “color” once and that is in the Fifteenth Amendment, which essentially gave black Americans the right to vote. While the US Constitution may not explicitly talk about race much, I argue that race is a present theme throughout the Constitution as well as behind …

Eugenics, Margaret Ann Donnell

History Class Publications

Naturally, and quite understandably, people avoid discussing the dark periods of human history, specifically the inconceivable acts of dehumanization imposed on their fellow man.

Individuals struggle to understand, sometimes simply because they cannot fathom, how a person—and in some cases, an institution—can manipulate and devalue another human being or groups of people. Often, the standards by which those with the “authority” to determine the lack of worth of the individual or population are arbitrary and subjective.

All of this is relevant in a conversation over the eugenics movement of the United States, occurring in the early to mid-twentieth century.

When …

'John Doe' Arrest Warrants As A Solution To Statues Of Limitations, Melody Pruitt

Political Science Class Publications

American society has taken a hard, stern stance on sexual assault in recent years. From Bill Cosby to Harvey Weinstein to Matt Lauer, influential and famous men throughout the country are being accused of sexual assault or harassment on a daily basis. As a result, movements like the Me Too movement and the Women’s March have risen and gained great popularity among society. Social media is often flooded with new sexual assault allegations and posts supporting victims and raising awareness about the issue. Despite all of this, convictions regarding sex crimes in the United States are embarrassingly low, and women …

Clark County Civil Court Records, Archivists

Guides and Finding Aids

Clark County was established in 1818, and therefore became one of the five counties in existence at the time the area became known as Arkansas Territory in 1819. Court was held in various places in those early days, such as the home of pioneer settler Jacob Barkman, west of the Caddo River, near what is now Caddo Valley. Later, a county seat was established at Greenville, which was located to the southwest along the Military Road (also known as the Southwest Trail). In 1842 Arkadelphia (previously known as Blakelytown) became the permanent location of the county seat.

These numbered files …

Clark County Criminal Court Records, Archivists

Guides and Finding Aids

Clark County was established in 1818, and therefore became one of the five counties in existence at the time the area became known as Arkansas Territory in 1819. Court was held in various places in those early days, such as the home of pioneer settler Jacob Barkman, west of the Caddo River, near what is now Caddo Valley. Later, a county seat was established at Greenville, which was located to the southwest along the Military Road (also known as the Southwest Trail). In 1842 Arkadelphia (previously known as Blakelytown) became the permanent location of the county seat.

The county has …

Clark County Probate Court Records, Archivists

Guides and Finding Aids

Clark County was established in 1818, and therefore became one of the five counties in existence at the time the area became known as Arkansas Territory in 1819. Court was held in various places in those early days, such as the home of pioneer settler Jacob Barkman, west of the Caddo River, near what is now Caddo Valley. Later, a county seat was established at Greenville, which was located to the southwest along the Military Road (also known as the Southwest Trail). In 1842 Arkadelphia (previously known as Blakelytown) became the permanent location of the county seat.

The county has …

Averting A New Nuclear Arms Race, Michael Anthony Calhoun

Honors Theses

The first goal of this thesis is to defend the claim that working towards nuclear disarmament is a rational, ethically pressing, and urgent goal. I will parse, condense, and array the arguments of statesmen, military leaders, philosophers, peace advocates, scientists, and religious leaders against the continued production, modernization, and maintaining of nuclear arsenals. After this, I will examine the current challenges to nuclear disarmament and promising and pragmatic options on the way to a world without nuclear weapons, with a focus on United States’ policy.

Retired U.S. Ambassador David Greenlee Presents Birkett Williams Lecture At Ouachita, Rachel Gaddis, Ouachita News Bureau

Press Releases

Ouachita Baptist University recently hosted retired U.S. Ambassador David Greenlee as a Woodrow Wilson Visiting Fellow. During his stay April 4-6 Greenlee led discussions in both honors and faculty colloquiums, spoke in several classes and presented the Birkett Williams Lecture.

The Woodrow Wilson Visiting Fellows, a program which brings prominent and diverse professionals to college campuses, coordinated Greenlee’s visit. Greenlee served as U.S. ambassador to Bolivia (2003-06) and Paraguay (2000-03) and spent a total of 32 years in foreign service.

Sex Trafficking: A Cumulative Study, Annie Mcmurray

Honors Theses

Slavery is considered to be a mark in the United States’ history, a point of the past. Well, slavery never truly ended, it just changed faces. The notion of slavery is “that one person’s life, liberty, and fortune can be under the absolute control of another, and be sold, bought, or used at the will of the owner.”1 This notion can be used to describe the problem of sex trafficking. Conferences such as Passion and North Star, a conference that is hosted by International Justice Mission (IJM), have moved sex trafficking from the dark to the spotlight. Organizations such as …

Philosophy And Law: An Interpretation Of Plato's 'Minos', Steven Thomason

Articles

Plato's Minos presents a twofold argument. In part it is a facile defense of law directed at a typical Athenian citizen. On another level, it is a sophisticated teaching that ponders the question what is law for the would-be philosopher or student of Socrates. These arguments are made in three parts. First, it becomes clear that Socrates' interlocutor has been influenced or corrupted by the teachings of sophists. Second, Socrates attempts to reform the interlocutor's opinion of law by suggesting there is a science of law. Finally, Socrates argues that present day Greek laws are derived from the oldest Greek …

The Relationship Between Natural Law And Mosaic Law In Philo: His On Rewards And Punishments As A Case Study, Clark Whitney

Honors Theses

Living from around 20 B.C. to A.D. 50, Philo of Alexandria, Egypt contributed to the fields of philosophy and religion. In fact, Philo is one of the most significant contributors to our understanding of Hellenistic Judaism and Middle Platonism.. By extension, our understanding of the New Testament (especially the Pauline epistles) is indebted to Philo, because a plethora of the New Testament writings were composed by Jews into Greek language. According to C.D. Yonge, very little is known about Philo's personal life except that he lived in Alexandria, Egypt and came from a family who was wealthy and prominent among …

Law, Philosophy, And Civil Disobedience: The Laws' Speech In Plato's 'Crito', Steven Thomason

Articles

Plato's 'Crito' is an examination of the tension between political science, a life devoted to the rational discourse and the critique of politics, and the demands of allegiance and service to the city. The argument Socrates makes in the name of the laws is not just meant to persuade Crito. Rather, it is a philosophic defense of the city itself, the philosophic response to Socrates' own speech in the Apology defending philosophy. This speech reveals the dangers and problems of a life devoted to philosophy when reason is directed to politics and calls into question the values and way of …

The Life And Legacy Of Judge Richard S. Arnold, John Jacob Lively

Honors Theses

The world of politics entails a large variety of men and women from diverse backgrounds. Politicians range from mayors of local cities and state representatives to Congressmen and presidents. One other group that I consider to be included under the realm of politicians are those that serve in the judicial branch of the United State government. While Judges may not be labeled Republican or Democratic, the political backgrounds of appointees are some of the driving forces to decide who serves on the bench. Studying the judiciary leads to coming across some historical figures that shaped history through the opinions that …

Freedom Of Speech Vs. The Right To Privacy: Problems With The English Super Injunction, Nicci Fillinger

Honors Theses

Free speech. The words of the First Amendment to the Constitution of the United States are close to hearts of Americans, especially journalists. However, not every country has the same amount of freedom granted in the US, and most Americans recognize this. Countries such as China, North Korea, and Libya are notorious for media censorship, but Americans would not typically add England to this list. In recent years, however, cases of media censorship in England that would shock journalists have come to light.

Controversy over censorship results from tension between Article 8 and Article 10 of the European Convention on …

Law, Philosophy, And Civil Theodicy: An Interpretation Of Plato's Epinomis, Steven Thomason

Presentations and Lectures

Scholars have mostly neglected Plato’s Epinomis. To my knowledge no one has attempted an interpretation of the dialogue as a whole in recent memory. In part this is because some scholars have argued that the Epinomis was not written by Plato. However, this is not the opinion of many prominent Plato scholars of the last century and a half. For example, George Grote, Paul Friedlander, A.E. Taylor, and Paul Shorey all considered it an authentic Platonic dialogue. Additionally, its authenticity was hardly doubted by ancient commentators. The main argument made for its not being authentic is not interpretational but alleged …

Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry

Articles

Governmental efforts to protect antiquities can be found in the early twentieth century; however, the most significant policy efforts began in the late 1960s and early 1970s. This manuscript focuses on the properties/items protected under current statutes in Arkansas, Louisiana, and Texas and provides background on major federal policies. Moreover, it addresses the penalties imposed for violating these regulations. The efforts made to enforce these rules are also addressed along with suggestions for improving implementation of antiquities policies in all three states.

A Tale Of Two Governors: The 1996 Gubernatorial Succession Crisis, Melissa Miller

Honors Theses

The state of Arkansas is no stranger to succession crises. As early as the Reconstruction era, struggles for power emerged, and controversies surrounding the appropriate use of power among acting governors have kept the issue unsettled. One such instance, the Arkansas gubernatorial succession crisis of 1996 became yet another episode in this saga. While never fully examined, the succession crisis did influence modern politics in the state. There are two sides to every story: "Well, I wanted to let you know I've decided not to resign," Jim Guy Tucker said to Mike Huckabee only five minutes before the inauguration of …

The Paradox Of Presidential Popularity, With An Emphasis On Rhetoric, Amanda Wiley

Honors Theses

This study considers how President Bill Clinton maintained consistently high levels of public support in the face of the incessant scandals that plagued his presidency. It is my assessment that it is the nature of the presidency, Clinton's political skill, the economic environment during his terms, Clinton's rhetoric, and his personality that made his survival possible. I will place special emphasis on the areas of Clinton's personality and rhetoric as the key components for this explanation, both because I feel these characteristics are most relevant to my study and the most unexplored.

Title Ix: The End Of Gender Discrimination?, Micah Smith

Honors Theses

Title IX has, in this day, become a topic that is both controversial and confusing. Nearly anyone in the United States today that is moderately well informed is able to relate something about Title IX and its effects. In response to an inquiry of the nature of Title IX, some would answer that Title lX is the law that requires colleges to have an equal number of athletics teams for men and women. Another person might answer that Title IX is a law that has promoted women's sports to new heights, culminating in the American victory at the Women's World …

The Legitimacy Of The Modern Militia, Jonathan Huber

Honors Theses

On May 16, 2001, barring any last minute court appeals, Timothy c Veigh will be executed for his role in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. He along with thousands of other Americans who have joined private armies, known as militia, to fight the American government share a common belief that the American government is corrupt at its core and actions such as this one are at the very least patriotic. To most Americans, however, acts such as the bombing of the Oklahoma City Federal Building are not only terroristic, but demonstrate the need …

An Assessment Of The 2000 Fourth Congressional District Race, Amber E. Wilson

Honors Theses

Prior to the November 7 election, incumbent Republican Jay Dickey aspired to maintain his eight-year hold on the fourth congressional district seat, while challenger, Mike Ross, a Democratic State Senator, had high hopes for a partisan restoration. In the end, Ross upset the incumbent carrying 51 percent of the 212,160 votes cast, a narrow 4, 126-vote margin. This paper assesses the strategic, tactical, and fiscal factors contributing to Ross's success in overriding incumbency advantages and reclaiming the seat for the Democrats. More specifically, it compares and contrasts candidate and noncandidate communications. Indeed, communication was the key component to these coordinated …

Cameras Go To Court: A Study Of Television Cameras In State And Federal Courtrooms, Tonya Rochelle Beavert

Honors Theses

For several years there has been an ongoing dispute between members of the media and members of the legal community about television coverage of judicial proceedings. Members of the media tend to argue that they have a First Amendment right and responsibility to cover court proceedings as a representative of the people. Court officials tend to answer the media's assertion with the Sixth Amendment, which guarantees a defendant the right to a public trial by an impartial jury.

The problem that resulted from the dispute was whether the presence of cameras in the courtroom imposed on defendants' rights or whether …

Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh

Honors Theses

The challenge is to navigate the untrodden area of reapportionment, in particular majority-minority districts. The Supreme Court has ruled in various reapportionment cases, yet these cases continue to plague the dockets of the United States Supreme Court. The focus of research is to evaluate the new phenomenon of majority-minority districts as it has progressed through constitutional amendments, civil and voting rights acts, and Supreme Court cases, all of which culminate in the 1992 elections. The 1990 Census and reapportionment were the birth of majority-minority districts. In creating these districts, one must look at the most effective percentage breakdowns in each …

Japanese Juvenile Justice: An Exploratory Look, Kym Rutherford

Honors Theses

"Among industrialized nations, Japan has the lowest crime rate and is considered to have one of the best criminal justice systems in the world" (Thorton, 1992, p. 471). If this statement is true, what can the United States learn from Japan about crime reduction? Discussion shall focus on the chosen topic of juvenile justice. Two key questions arise when dealing with the overriding question of what the United States can learn from the Japanese justice system. First, what are the cultural factors that influence juvenile crime behavior in Japan? Second, how do the Japanese respond to their juvenile delinquents?

The Governorship Of Bob Riley, Brian Stanford Miller

Honors Theses

Without a backward glance Bob Riley, his wife, Claudia, and their daughter, Megan negotiated the Capitol stairway to the bottom floor, while above them in the House chamber legislators waited for the arrival of the 39th governor of Arkansas. At the bottom of the steps Vaughn Webb, an aide in the Secretary of State's office, presented Riley with an Arkansas state flag that had flown that morning of January 14, 1975, while several admirers applauded from the second floor railing above. Riley then left for Arkadelphia, where he would resume his role as head of the Political Science department at …

The Structure Of The Presidential Selection Process, Myra Conaway

Honors Theses

The Presidency is a unique institution. No other political office in America is viewed with such awe, respect, criticism and contempt. The President must be all things to all people. He must be a leader, a ruler and a diplomat. His decisions and policies affect many Americans. Due to the significance of the office, time and consideration should be given to the method by which the President is elected. The intent of this study is to examine the structure of the presidential selection process from the nomination campaign through the general election. Also included are brief biographies of the 1984 …