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Full-Text Articles in Law

Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera May 2024

Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera

Undergraduate Honors Theses

This thesis examines the relationship between the specific features written into multilateral treaties and their success in regulating innovative technologies. It explores why detailed treaty provisions such as periodic reviews, trigger mechanisms, amendment provisions, and knowledge sharing are critical to the effectiveness of these international agreements. I argue that the presence of these features contributes significantly to a treaty's ability to adapt to changing circumstances, ensure transparency, and facilitate ongoing cooperation and collaboration among signatories. To test this claim, I completed an in-depth case study analysis of technologies like railroads, telegraphs, electricity, and nuclear weapons. The findings indicate that treaties …


Free Speech And Its Limits: An Exploration Of Tolerance In The Digital Age, Jamie Forte May 2022

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 Apr 2022

“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 May 2021

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 May 2021

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 May 2021

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 …


Autocratic Influence In Democratic Transitions: How The Timing Of Constitutional Reform Impacts Democratic Consolidation, Benjamin Hotchner May 2021

Autocratic Influence In Democratic Transitions: How The Timing Of Constitutional Reform Impacts Democratic Consolidation, Benjamin Hotchner

Undergraduate Honors Theses

Perhaps no document better symbolizes a nation-state than a written constitution. In particular, during the unstable period of transition between autocracy and democracy, the investment of political and cultural capital in creating an entirely new constitution reflects an expectation on the part of participants that constitutions can exercise independent and legitimate authority on citizens and government within its jurisdiction. Thus, as constitutions either prologue a period of democratic renewal (e.g South Africa, 1994) or constrain later democratic institutions (e.g. Chile, 1989), they offer important contributions to democratic theory (Mallios). This mixed-methodology study will attempt to explain how these processes used …


“All Is Quiet In Arlington”: The Desegregation Of Arlington County Public Schools And How We Remember It, Ella Benbow May 2021

“All Is Quiet In Arlington”: The Desegregation Of Arlington County Public Schools And How We Remember It, Ella Benbow

Undergraduate Honors Theses

Brown v. Board of Education overturned the long-enforced “separate but equal” doctrine forcing school systems to decide exactly how much they would comply with the holding that segregated public schools were no longer constitutional. Several states, Virginia among them, relied on pupil placement boards to deny the transfer of many Black students to primarily white schools. Some localities’ violent resistance to any desegregation is still reflected in the prevalent de facto school segregation 66 years after Brown. My thesis examines the reaction of Arlington County, a small, liberal area just outside Washington, D.C. that boasts about being the first integrated …


A Game Theoretic Analysis Of Marbury V Madison: The Origins Of Judicial Review, Daniel R. Debutts Nov 2019

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 Jan 2016

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 Challenges Of Gaming For Democratic Education, Jeremy Stoddard, Angela M. Banks, Christine Nemacheck, Elizabeth Wenska Jan 2016

The Challenges Of Gaming For Democratic Education, Jeremy Stoddard, Angela M. Banks, Christine Nemacheck, Elizabeth Wenska

School of Education Articles

Video games are the most recent technological advancement to be viewed as an educational panacea and a force for democracy. However, this medium has particular affordances and constraints as a tool for democratic education in educational environments. This paper presents results from a study of the design and content of four iCivics games and their potential to meet the goals of democratic education. Specifically, we focus on the games as designed experiences, the nature and accuracy of the content, and the nature of intellectual engagement in the games. We find that the games, while easily accessible and aligned with standardized …


The Corporate Person: How U.S Courts Transformed A Legal Phantom Into A Powerful Citizen, Zachariah J. Demeola Jan 2015

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 Jan 2013

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 Jan 2011

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 Jan 2010

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 Jan 2010

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 …


The Fight To Be American: Military Naturalization And Asian Citizenship, Deenesh Sohoni, Amin Vafa Jan 2010

The Fight To Be American: Military Naturalization And Asian Citizenship, Deenesh Sohoni, Amin Vafa

Arts & Sciences Articles

In 1862, Congress passed legislation granting foreigners serving in the U.S. military the right to expedited naturalization. Although driven by pragmatic concerns, "military naturalization" served as a powerful symbolic message: those willing to fight for the United States are worthy of its citizenship. At the same time, military naturalization conflicted with existing laws that limited naturalization to whites and blacks. In this Article, we analyze how courts weighed the competing ideologies of citizenship by examining court cases brought by Asian aliens seeking military naturalization between 1900 and 1952. Our research demonstrates the importance of instrumental and ideological pressures in shaping …


Designing Environmental Indicator Systems For Public Decisions, James M. Mcelfish Jr., Lyle M. Varnell Jan 2006

Designing Environmental Indicator Systems For Public Decisions, James M. Mcelfish Jr., Lyle M. Varnell

VIMS Articles

Government agencies and academic scientists have developed reliable sets of environmental indicators to assist in making decisions. This very recent trend has been driven in part by scientific advances that make it possible to construct indicators that are both rigorous and informative, and in part by policies that seek to justify environmental expenditures as likely to produce the beneficial results that they intend. Environmental indicators offer the promise of applying science to help decisionmakers select tools that will produce predictable outcomes in measurable ways. In this article we examine a specific element of the emerging environmental indicator model: the connection …


Racial Interactions: A Demographic Perspective On Juror Biases In Deliberations, Jennifer K. Elek Jan 2005

Racial Interactions: A Demographic Perspective On Juror Biases In Deliberations, Jennifer K. Elek

Dissertations, Theses, and Masters Projects

No abstract provided.


Tenured Teacher Dismissal For Incompetence And The Law: A Study Of State Legislation And Judicial Decisions, 1983--2003, Marguerita Kalekas Desander Jan 2005

Tenured Teacher Dismissal For Incompetence And The Law: A Study Of State Legislation And Judicial Decisions, 1983--2003, Marguerita Kalekas Desander

Dissertations, Theses, and Masters Projects

No abstract provided.


John Marshall And Native Rights: The Law Of Nations And Scottish Enlightenment Influence, Gordon S. Barker Jan 2003

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 Jan 2000

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 Jan 2000

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 …


A Content Analysis Of State Legislative Responses To Educator Assault, Jamie Heider Arkin Jan 1999

A Content Analysis Of State Legislative Responses To Educator Assault, Jamie Heider Arkin

Dissertations, Theses, and Masters Projects

Educators increasingly find themselves having to rely on laws for protection from threats or attacks, and educator assault laws reflect the diverse and unique needs of the individual states. This study sought to determine if the state legislatures in each of the 50 states have created legislation punishing educator assault and to compare, contrast, and analyze any existing statutes by using content analysis methodology. Currently, 37 states possess educator assault legislation. Specific features within each law were examined: its protected recipient, the prohibited action, identification of the aggressor, any limiting or qualifying statements, and the stated penalties. Several trends emerged; …


Principals' Knowledge Of Legal Issues Related To Search And Seizure Issues In Virginia, Nicholas Everett Kalafatis Jan 1999

Principals' Knowledge Of Legal Issues Related To Search And Seizure Issues In Virginia, Nicholas Everett Kalafatis

Dissertations, Theses, and Masters Projects

Today, public school administrators have the responsibility to provide a safe and secure educational environment for all who enter the school building. Amid continued drug use by students and a proliferation of weapons at school, principals at all levels face the unenviable task of maintaining an environment conducive to learning. In order to do so, principals often must balance the need to preserve individual student rights against the need to make schools safe.;The present study was conducted to determine if public school principals in Virginia meet minimum competency levels with respect to their knowledge of search and seizure law, and …


Subtle Sentry: State Public Records Laws And The Availability Of Government Information, Grace I. Lessner Jan 1998

Subtle Sentry: State Public Records Laws And The Availability Of Government Information, Grace I. Lessner

Dissertations, Theses, and Masters Projects

No abstract provided.


Principals' Knowledge Of Legal Issues Related To The Delivery Of Health Services In Virginia, Lucia Villa Sebastian Jan 1996

Principals' Knowledge Of Legal Issues Related To The Delivery Of Health Services In Virginia, Lucia Villa Sebastian

Dissertations, Theses, and Masters Projects

Schools have derived their legal powers to regulate student health services through an evolutionary process. Statutory law generally provides the authority for school boards to hire medical personnel to provide health services. In addition, the legal power to provide health services has evolved from the police powers of the states, through the fourteenth amendment guarantee to property rights, and in response to societal needs and expectations.;The present study was conducted to investigate the current status of health services in public schools in the Commonwealth of Virginia, and to determine the level of knowledge of legal issues related to the delivery …


An Electronic Storage And Access System For Special Education Legislation, Courtney Siler Frantz Jan 1995

An Electronic Storage And Access System For Special Education Legislation, Courtney Siler Frantz

Dissertations, Theses, and Masters Projects

In the field of education, instructional leaders must know the regulations governing the assessment, curriculum, and instruction of all students. An area of special concern is the regulations governing programs for students with disabilities. Although the average population of students with disabilities may represent less than 10% of the total student body, the school administrator is responsible for maintaining access to the most current regulations, for accurately interpreting, and effectively implementing federal and state mandates to ensure that the due process rights of the students with disabilities are upheld. Yet the laws and regulations governing special education programs are continually …


Patentability Of Computer Inventions, Robert C. F. Perez Jan 1995

Patentability Of Computer Inventions, Robert C. F. Perez

Dissertations, Theses, and Masters Projects

No abstract provided.


Racial Attitude Priming And Effectiveness Of A "Black Rage" Defense, Melissa Speck Garth Jan 1995

Racial Attitude Priming And Effectiveness Of A "Black Rage" Defense, Melissa Speck Garth

Dissertations, Theses, and Masters Projects

No abstract provided.