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Full-Text Articles in Law

Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel Dec 2017

Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel

Senior Honors Theses

This paper will discuss Christian involvement in the intelligence field in addition to the ethical issues inherent to intelligence, specifically deception, including lying and manipulation, and technology as a force multiplier. Many Christians believe that intelligence is fundamentally a field of extensive deception that should be avoided. Ethics and morality, what it means to tell the truth, and biblical examples of people who used deception and were commended, will be analyzed from a Christian worldview perspective. The arguments will be presented in order that Christians may be able to understand how to apply the two greatest commandments, to love our …


Scriptural Justification For The American Revolution, Samuel Ewing Oct 2017

Scriptural Justification For The American Revolution, Samuel Ewing

Senior Honors Theses

This thesis will seek to examine the intention of the Founding Fathers regarding their decision to break from England in what became the American Revolution. On July 4th, 1776, fifty-five men gathered to sign the defining document of their cause – the Declaration of Independence. As the document presents the climactic argument against the English crown, this thesis will seek to analyze its writers’ intentions, presuppositions, and rationalizations. Ultimately, this thesis will demonstrate that the Founders not only sought biblical justification for their actions and opinions, but followed the letter of biblical and common law in order to …


Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley Jul 2017

Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley

Masters Theses

Mental illness is a prevalent issue and many times individuals diagnosed with a mental illness are repeat offenders within the criminal justice system; therefore, it is important to understand the problems at hand and find ways to handle the problems, or best yet take preventative measures to stop the problems from ever occurring. The literature review and interviews show that the criminal justice system seems to be handling mental illness in the best way possible with the current resources that are available to them. However, the literature review and interviews also show that an increase in resources and training on …


When The Pursuit Of Liberty Collides With The Rule Of Law, Rena Lindevaldsen Jun 2017

When The Pursuit Of Liberty Collides With The Rule Of Law, Rena Lindevaldsen

Faculty Publications and Presentations

In his 1979 article, Unspeakable Ethics, Unnatural Law, Arthur Leff argued that in the absence of a god-grounded ethical and legal system, “there cannot be any normative system ultimately based on anything except human will.” Stated differently, any human determination of what is moral that is separated from the unchanging moral standard of God is arbitrary and, likely, inconsistent. The difficulty with a human-will based system is that either each person is morally autonomous, in which case no government rules contradicting the individual's moral determination could be justified, or the will of the majority constitutes what is right, in which …


A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr May 2017

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …


Examining The Foundations: Comparing Islamic Law And The Common Law Of The United States, Barbara Massie Mouly May 2017

Examining The Foundations: Comparing Islamic Law And The Common Law Of The United States, Barbara Massie Mouly

Faculty Publications and Presentations

This article identifies fundamental differences between the common law legal system of the United States and the Islamic legal system. Although both systems have a religious foundation, this article argues that the religious foundations of the two systems contain different views concerning the jurisdiction of the civil government. The article describes the religious heritage of each system. The article then compares the two systems, viewing them through the lenses of two great principles of the common law: uniformity and equality.


The Soviet Disinformation Framing Of Pope Pius Xii, Naomi Centrella Apr 2017

The Soviet Disinformation Framing Of Pope Pius Xii, Naomi Centrella

Senior Honors Theses

One of the most effective tactics used to bring down one’s enemy is the ideological tool exemplified in Soviet and subsequent Russian disinformation. Disinformation has created an alternative way of looking at history that grew out of the Soviet Union’s actions in time of war. Soviet Disinformation was an effective war tactic used by Communist leaders to demonize those in a position of power who posed a threat to the Soviet regime. Joseph Stalin, the Communist leader of the Soviet Union in from 1924-1953, used disinformation to discredit such perceived enemies as the United States and the Roman Catholic Church. …


Race Relations In The Post-Obama Era, Ron Miller Mar 2017

Race Relations In The Post-Obama Era, Ron Miller

Jerry Falwell Library Events

No abstract provided.


The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins Jan 2017

The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins

Faculty Publications and Presentations

Virtually three-quarters of a century ago, the Supreme Court in West Virginia State Board of Education v. Barnette recognized that the First Amendment protects citizens from being forced to speak. Often, new legal doctrines are announced cautiously and narrowly in anticipation of future judicial development. Not so with Barnette. The Court boldly proclaimed that the right to be free from state-compelled affirmation is so fundamental that it stands as the one “fixed star in our constitutional constellation” that cannot be moved. State assertions of power that seek to coerce citizens to affirm government-approved ideas will inevitably fail, except when narrowly …