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Full-Text Articles in Law

Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler Nov 2014

Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler

Senior Honors Theses

As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church ...


Law And Religion: Sharia Law And The First Amendment, Joseph A. Williamson Nov 2014

Law And Religion: Sharia Law And The First Amendment, Joseph A. Williamson

Senior Honors Theses

America has long been seen as the capital of religious freedom and individual rights. In recent years a debate has arisen over whether an individual can personally adhere to the legal concept of sharia law under the protections of the first amendment. At the center of this debate is precedent that can be drawn from previous interactions between religion and American ideals. Two similar issues that have been settled both judicially and legislatively are the conscientious draft objector and the federal prohibition of polygamy. By studying the roots of Islamic law and then the basis of these two concepts, a ...


The Reliability Of Eyewitness Testimony, Nathan Roberts Apr 2014

The Reliability Of Eyewitness Testimony, Nathan Roberts

Senior Honors Theses

As perhaps the single most effective method of proving the elements of a crime, eyewitness testimony has been vital to the trial process for centuries. However, the reliability of eyewitness testimony has recently come into question with the work of organizations such as The Innocence Project, which works to exonerate the wrongfully convicted. This thesis examines previous experiments concerning eyewitness testimony as well as court cases in which eyewitnesses provided vital evidence in order to determine the reliability of eyewitness testimony as well as to determine mitigating or exacerbating factors contributing to a lack of reliability.


Understanding Blogging And Copyright Infringement Within A Pinterest Generation, Ashley Mcalpin Apr 2014

Understanding Blogging And Copyright Infringement Within A Pinterest Generation, Ashley Mcalpin

Masters Theses

Copyright infringement within a Pinterest generation is growing at an alarming rate. This study sought to explain the phenomenon of stealing on Pinterest through a study of social interaction and perception thereof. The author found that the overall concept of interaction was widely misunderstood, along with the current copyright laws, leading to a broken sense of ethicality among the Pinterest generation. Through this study the impact of peer interaction, in compliance with the standards of Bandura's Social Learning theory (1977), was reviewed and found applicable to the Pinterest generation today. This study proved it relevant to further research the ...


Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio Apr 2014

Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio

Senior Honors Theses

The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks ...


Starting An Adoption Agency And The Major Benefits Of Adoption, Dylan D. Lingerfelt Apr 2014

Starting An Adoption Agency And The Major Benefits Of Adoption, Dylan D. Lingerfelt

Senior Honors Theses

Adoption impacts families’ lives. There are many benefits of adoption. Some key concepts of adoption are what the process of adoption entails and the different decisions potential adoptive parents need to make when starting the process, a philosophy and mission in terms of a business entity and their importance to an adoption firm, how to start a law firm as a business within the United States, and how to adapt that business to expand to areas like South Asia. South Asian etiquette issues need to be considered and understood from a business perspective. Another area to consider when doing international ...


Natural Law And Legal Positivism In The Nuremberg Trials, Judah B. Murray Apr 2014

Natural Law And Legal Positivism In The Nuremberg Trials, Judah B. Murray

Senior Honors Theses

Abstract

The purpose of this thesis is to explore how a natural law based jurisprudential philosophy would have proved superior to the Austinian legal positivist prepositions that the Allies worked from in the Nuremberg Trials. This is achieved through defining natural law as it was classically understood by its historical advocates such as Thomas Aquinas and Sir William Blackstone. Natural law’s applicability to the Trials builds off the principles articulated by those writers. In the process of making this determination, as to why natural law represents a viable jurisprudential idea, this paper addresses the fundamental conflict between natural law ...


First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins Feb 2014

First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins

Faculty Publications and Presentations

Seventy years ago, in West Virginia State Board of Education v. Barnette, the United States Supreme Court eloquently held that the state could not compel public schoolchildren to salute the flag while reciting the Pledge of Allegiance. The decision has been heralded as one of the Court’s most significant free speech cases because it acknowledged expansive protection for freedom of conscience. But recently, the United States Court of Appeals for the Eleventh Circuit held that Barnette’s protection does not extend to college students who challenge their public institution’s curriculum because university enrollment is “voluntary.” The impact of ...


Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri?, Paul M. Spinden Jan 2014

Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri?, Paul M. Spinden

Faculty Publications and Presentations

This paper considers the serious threat to effective operation of administrative law in Missouri resulting from the Missouri Supreme Court’s abrupt change in analysis of administrative agencies’ jurisdiction. The court enunciated its analysis in primarily two decisions handed down in 2009, J.C.W. v. Wyciskalla and McCracken v. Wal-Mart Stores East, L.P. The paper explores the Supreme Court’s attempt to chart a “simple” approach to distinguishing jurisdictional adjudicatory rules from non-jurisdictional adjudicatory rules and the serious threat posed by the court’s applying this analysis to statutes governing the authority of administrative agencies.

By deciding that ...