Law Commons^™

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon

LLM Theses

Gödel showed that formal systems which discuss natural numbers cannot be complete or prove their own consistency. Incompleteness in this sense is limited to formal systems, and so is not applicable to law by it own terms.

Looking to the philosophy behind the Incompleteness Theorem, Gödel intended to show that positivism was a bankrupt world-view, and this resonates strongly with Lon Fuller. Fuller is analogous to Gödel in his condemnation of the positivist philosophy because he showed that a system of rules, by itself, was not capable of rendering judgments. A legal system is dependent upon an external morality, but …

Mental Illness: A History With Respect To The Care And Treatment Of The Mentally Ill Law And Public Policy And The Stigma Attached To The Affliction, Raisa Anwer

Honors Theses

This thesis contains the exploration of mental illness starting with how mental illness is defined today. The history of mental illness in America reveals a gross neglect of those afflicted with “madness,” as it was usually referred to. This thesis will focus on the treatment of the mentally ill from the 1900s to present day. There is an inherent stigma attached to mental illness and as modern and as civilized as the United States claims to be, it should be noted that mental illness is still as much taboo even today, rife with stories of the mentally ill being constantly …

What It Is-What It Should Be: An Empirical Analysis Of The Effect Of Procedures And Substantive Arguments On Adjudicative Tribunal Resource Allocation Decisions, Lydia Christine Stewart Ferreira

PhD Dissertations

Our current understanding of tribunal resource allocation decision-making is via judicial review of tribunal decisions and/or the capacity, independence and appointment process of tribunal members. This analysis of tribunals provides incomplete information. This qualitative five year case study, however, asked the three following questions: Research Question #1: Do procedures statistically affect the resource allocation decisions of the Board? If so, what elements of the procedures create this statistical effect? The author analyzed the quantitative research results relative to the A4R theory’s four procedural conditions of transparency and concluded that the A4R theory it was not ‘fine grain’ enough to identify …

With This Ring, I Thee Control: Legal Constructions Of Feminine Identity In Bleak House And The Fellowship Of The Ring, Angela E. Lesnak

Departmental Honors Projects

No abstract.

An Examination Of Prostitution And Sex Trafficking Laws Within The United States, Allison J. Capaul

Departmental Honors Projects

As one of the oldest professions, prostitution has had a continual presence in the United States. This once tolerated activity became a public affront at the turn of the twentieth century. Failed attempts at regulation and changes in societal views then advanced the criminalization of prostitution throughout the United States: it was made completely illegal in all states with the exclusion of thirteen counties in Nevada.

At the same time, awareness of sex trafficking increased and laws attempted to protect individuals who were being transported by force, deceit, and threat of force for purposes of sex slavery. While states have …

Colors And Mapping: The Right To Receive Information, Kathryn Stephanie Skupien

USF Tampa Graduate Theses and Dissertations

Color is used in everything we see and do and it often can be used for effect and representation, particularly on maps and transportation signage. This study explores the issues that the color blind population exhibits when viewing these maps and signs. Seeing that 8%#37; of the male population is afflicted with some form of color blindness, it is pertinent that research reflect these issues and take into consideration the Right to Receive Information for this population. A qualitative method using Photovoice and interviews was used to determine whether this population considers itself having a disability and what solutions can …

Citizens United, The Marketplace, And Influence, Corin Shanti La Pointe-Aitchison

USF Tampa Graduate Theses and Dissertations

This study analyzes the rationale used by the Supreme Court in the 2010 case, Citizens United v. Federal Election Commission. The majority opinion and dissent were dissected and scrutinized for any weaknesses. After careful review and comparison with First Amendment theories and scholarly articles, it was found that the majority opinion and final decision were poorly reasoned and created a dangerous political communication landscape and a weakened Marketplace of Ideas.

Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan

CMC Senior Theses

In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …

Dreading He Knew Not What: Masculinities, Structural Spaces, Law And The Gothic In The Castle Of Otranto, Pride And Prejudice, And Wuthering Heights, Samantha E. Morse

Pitzer Senior Theses

This essay investigates the integral linkages between Gothic spaces and Gothic masculinities in three texts: Horace Walpole’s The Castle of Otranto (1764), Jane Austen’s Pride and Prejudice (1813), and Emily Brontë’s Wuthering Heights (1847). At the core of this examination is architecture, or more specifically, the physical constructions and built environments that comprise a man’s property. I explore how a man uses his property to construct, legitimize, and perform his identity. In the Female Gothic, the home is a place of anxiety for women, where patriarchal dominance and violence reign to constrain female agency. I argue that the home is …