Law Commons^™

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to preserve the Jewish nation and the existence …

Democracy At Stake In The Digital Age: Engaging In The Net Neutrality Debate For The Preservation Of Free Speech And The Redemption Of Public Interest, Christina (Sung Min) Yoh

CMC Senior Theses

Net neutrality is currently one of the most topical government policies up for debate. In the following paper, I will examine three cases in which net neutrality has been threatened by internet service providers and the Federal Communications Commission and reinforced by public interest groups, major website companies, and the public. The online regime has been a critical instrument in the outcome of all three cases, highlighting the role and influence of internet users in the virtual and physical public spheres.

Some say that the battle is already lost. FCC Chairman Ajit Pai and his Republican majority in the agency …

Shifting Priorities? Civic Identity In The Jewish State And The Changing Landscape Of Israeli Constitutionalism, Mohamad Batal

CMC Senior Theses

This thesis begins with an explanation of Israel’s foundational constitutional tension—namely, that its identity as a Jewish State often conflicts with liberal-democratic principles to which it is also committed. From here, I attempt to sketch the evolution of the state’s constitutional principles, pointing to Chief Justice Barak’s “constitutional revolution” as a critical juncture where the aforementioned theoretical tension manifested in practice, resulting in what I call illiberal or undemocratic “moments.” More profoundly, by introducing Israel’s constitutional tension into the public sphere, the Barak Court’s jurisprudence forced all of the Israeli polity to confront it. My next chapter utilizes the framework …

The Relevance Of Caste In Contemporary India: Reexamining The Affirmative Action Debate, Shambhavi Sahai, Shambhavi Sahai

CMC Senior Theses

With the changing significance of caste and caste identity, this thesis explores the role of affirmative action or "reservations" in Indian higher education. Specifically, it aims to reopen the debate on the dominance of a "creamy layer" among the OBCs in an increasingly nationalist India. Viewing caste through the lens of ethnic identity, this thesis draws comparisons between the identity of OBCs and Scheduled Castes and Tribes, OBCs of the "Hindi Belt" and OBCs of the South, followed by an analysis of the politicization of caste identity today. The thesis concludes with an evaluation of affirmative action today and possible …

The Effect Of International Ngos On Influencing Domestic Policy And Law, Ashley Macarchuk

CMC Senior Theses

This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to …

The Changing Nature Of Death Qualification And Its Interaction With Attitude Salience, Brendan Busch

CMC Senior Theses

Death qualification is a problematic aspect of capital trials, as death qualified jurors have higher conviction rates than non-death qualified jurors. The current study examines whether the death qualification process itself affects juror decision-making via attitude salience effects.

Participants (n=90) recruited from the venire juror pool at the Santa Ana Superior Court were asked to read a trial transcript and decide guilt or innocence and whether they would sentence the defendant to death. Half of the participants were given a survey determining death qualification before they read the trial (making death qualification salient), while the other half were given the …

Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey

CMC Senior Theses

California endured an extreme and prolonged drought from 2012 until the winter of 2017, offering a fascinating yet tragic example of how drought impacts lives. Despite this recent and stark phenomenon, there is surprisingly little information about its effects and implications. This thesis aims to lessen this knowledge gap by asking how severe the drought was, how well the state responded, and what policies would increase California’s water security. It answers these questions by exploring the Golden State’s long and complicated water management history, which is necessary to understand the current drought policy framework; then, it collects the emerging literature …

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping …

Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola

CMC Senior Theses

Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their …