Law Commons^™

Impacts And Implementation Of The Basel Accords: Contrasting Argentina, Brazil, And Chile, Kristina Bergess

CMC Senior Theses

This thesis explores the impacts of implementing the Basel Accords on the stability of the banking sector and greater economy, and will particularly focus on Basel II. This study contrasts three Latin American governments that have implemented the Basel Accords. Because Chile's and Brazil's banking sectors have been more successful in implementing the Basel Accords, they will be used as model cases to provide the context to analyze Argentina’s banking sector. The results of this thesis reveal that in order for Argentina to stabilize its banking sector and become a stronger international financial player, it must not only improve the …

The Presidential Apology: Lessons From Tricky Dick And Slick Willy, Megan Morris

CMC Senior Theses

The concept of an apologetic president has only recently emerged in the United States. All presidents have made mistakes, but only recently have Americans come to expect apologies from them. The development of an increasingly critical media has necessitated that future presidents hone the art of apologizing. This thesis extrapolates lessons in this skill from the apologies of Presidents Nixon and Clinton. Watergate and Lewinsky-gate were cover-up scandals that rocked the nation in the 1970s and '90s. Although the presidential misconduct in both cases were similar, the way each president opted to navigate his controversy differed dramatically. Both presidents initially …

The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer

CMC Senior Theses

This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the chagrin of …

The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling

CMC Senior Theses

An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justices could be the fifth vote …

The High Cost And Value Of Patents: Finding The Appropriate Balance Between The Rights Of The Inventor And The Advancement Of Society, Andy Segal

CMC Senior Theses

Property rights are the backbone of Western Civilization. Capitalism can only be successful if individuals feel secure about the ownership of their assets. Patents are the property rights granted to the inventor by the government. Without these rights, inventors will find it extremely difficult monetizing their contributions to society. Thus, in an effort to incentivize innovation and commit society to human progress, our Founding Fathers built our country on a strong set of intellectual property rights.

At the same time, nothing impedes innovation like a monopoly and, in essence, all a patent amounts to is a monopoly, the right to …

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota …

One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw

CMC Senior Theses

This thesis begins with a historical analysis of the legal precedent which has granted the federal government exceptional power over immigration legislation, and demonstrates how that authority has expanded in the last half-century. It then proposes an alternative scheme which would embrace immigration federalism and allow states a larger, but still closely regulated, role in legislation over aliens.

Asset Protection Through The Use Of Premarital Agreements, Robert T. Rose

CMC Senior Theses

The number of multi-million dollar divorce settlements has been increasing rapidly in the last decade. Although Donald Trump's divorce from his first wife, Ivana, wherein $25 million was awarded to the former spouse, may have seemed like a significant sum in 1992, this amount appears quite minuscule today.1 In December of 2011, Mel Gibson's soon to be ex-wife Robyn Moore received $425 million in the couples' divorce settlement.2 In March of 2012, Frank McCourt was forced to sell his professional franchise, the Los Angeles Dodgers, in bankruptcy during his divorce proceedings with Jamie McCourt.3 It seems as if every month …

Cobra Subsidies: A Compelling Narrative Of Policy Impact On The Unemployed, Uninsured, Hannah N. Gregg

CMC Senior Theses

This paper analyzes a 2009 U.S. policy which provided short term federal subsidies for COBRA health insurance premiums. COBRA allows the recently unemployed to continue purchasing health insurance through their employment-based insurance plan for a short time period after they become unemployed. Early analysis found low take-up rates for COBRA insurance due to the exceedingly high cost of full health insurance premiums, especially for those who have just lost a steady employment income. A short term 65 percent federal subsidy for COBRA insurance was implemented as a part of the American Recovery and Reinvestment Act in 2009. Subsidy policy proposed …

California's War Over The Bay-Delta: Historic Failures And Current Battles, Jessica J. Mao

CMC Senior Theses

California has one highly-coveted possession: the Bay-Delta, which is the second largest estuary in the United States. Today, tensions are higher than ever as Southern California continues to grow and demand water from the Delta, agriculture suffers from drought and less-than-promised water allocations, and aquatic life diminishes due to environmentally damaging processes like pumping and exporting of water elsewhere. This paper will examine the historic policies that have shaped how the Delta has been managed, their successes and failures, and current plans in discussion for continuing improvement of the Delta. The Bay-Delta Conservation Plan and the Sacramento-San Joaquin Valley Water …

Half Baked: The Federal And State Conflicts Of Legalizing Medical Marijuana, Andrew K. Fevery

CMC Senior Theses

The legalization of medical marijuana has been a complicated and confusing process. The drug is used for medical purposes yet is only semi-legal and not approved by the federal government. This piece will observe the legal medical history of this drug in the United States. It will analyze the growth of the medical marijuana movement up to the present with a special emphasis to the importance of federal, state and local supremacy. It will observe important court cases that have been decisive in defining the reach of federal power under the Commerce Clause and the 1970 Controlled Substance Act. This …