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Full-Text Articles in Law

The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller Jan 2014

The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller

CMC Senior Theses

The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current …


The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland Jan 2014

The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland

CMC Senior Theses

This thesis explores the historical development of personal status law, which governs a person’s marriage, divorce, and custody rights. It is significant because it is part of a framework that has defined women’s rights for centuries. I will argue that personal status law is a patriarchal framework that has been reinforced over time, leading up to the creation of nation-states in the Middle East. As such, this is the “institution” of personal status that will be traced using historical institutionalism theory. In this thesis I will argue that personal status has undergone a critical juncture, or crucial moment of potential …


The Simple Truths Of Safety At Sea For Alaskan Tender Vessels: Feasible Regulatory Changes To Prevent Vessel Casualties In The 17th Coast Guard District Tender Fleet, Olivia Jacobs Jan 2014

The Simple Truths Of Safety At Sea For Alaskan Tender Vessels: Feasible Regulatory Changes To Prevent Vessel Casualties In The 17th Coast Guard District Tender Fleet, Olivia Jacobs

CMC Senior Theses

Tender vessels in the United States will soon need to comply with new safety regulations as mandated by the Coast Guard Authorization Act of 2010. This thesis focuses specifically on assisting in the formation of an Alternative Safety Compliance Program (ASCP) for the unique tender vessel fleet and seeks to understand why tender vessels experience fatalities and vessel casualties. By analyzing data of tendermen fatalities and tender vessel casualties between 2000 and 2012, the report sheds light on the realities of these incidents. Among other findings, the data show that the most common cause of vessel casualty was striking rocks …


An Analysis Of The Substantive Effectiveness Of The National Environmental Policy Act: Lessons From Ivanpah, Stephanie C. Oehler Jan 2014

An Analysis Of The Substantive Effectiveness Of The National Environmental Policy Act: Lessons From Ivanpah, Stephanie C. Oehler

CMC Senior Theses

Nearly 45 years ago, the National Environmental Policy Act (NEPA) was signed into law to become the first national policy for the environment of the United States. As it has evolved over time through implementation and litigation, numerous countries and states around the world have emulated NEPA with similar environmental impact assessment requirements. Many scholars have evaluated the success of the legislation in accomplishing its lofty goals. Most commonly, however, these studies address the procedural performance of agencies through the creation of environmental impact statements. This thesis examines the effectiveness of NEPA in accomplishing its substantive, rather than procedural, goals …


The Environmental, Social, And Economic Impacts Of Hydraulic Fracturing, Horizontal Drilling, And Acidization In California, Christina Whalen Jan 2014

The Environmental, Social, And Economic Impacts Of Hydraulic Fracturing, Horizontal Drilling, And Acidization In California, Christina Whalen

CMC Senior Theses

The oil extraction mechanisms of hydraulic fracturing, horizontal drilling, and acidization have recently spread throughout the state of California. This thesis explores and assesses whether federal and state legislation should approve of fracking operations in California after studying its effects on human health, the environment, and the economy. This thesis assesses the impacts of fracking; analyzes the role of current legislation and regulation; compares California fracking to fracking in other states and countries; and provides recommendations for future action.