Law Commons^™

Color Monopoly: How Trademarking Colors In The Fashion Industry And Beyond Expands The Lanham Act's Purpose And Policy, Briana Reed

Liberty University Law Review

No abstract provided.

Waiving Miranda: A Knowing And Intelligent Approach, Tanner W. Havens

Liberty University Law Review

No abstract provided.

International Religious Liberty And Human Rights Law As A Response To Totalitarian Legal And Political Discourses: The Cases Of Iran, Myanmar, And North Korea, Yuri G. Mantilla

Liberty University Law Review

No abstract provided.

Another Measure Of Success: Examining The Success Sequence And Its Possible Utility In Crime Prevention, Andrew T. Heath

Liberty University Law Review

No abstract provided.

For-Profit Religious Corporations And Qualifying For A Title Vii 702 Exemption: Either Redefine 'Religious Corporations' Or Bring A Rfra Action, Anders Bengtson

Liberty University Law Review

No abstract provided.

Jurisdiction Of Pardoned And Commuted Sentences Must Remain Within The Judicial Branch, Dalton Kane

Liberty University Law Review

No abstract provided.

Getting Away With Gambling: How Loot Boxes Sidestep American Gambling Laws, Shelby Cariaga

Liberty University Law Review

No abstract provided.

Dumplings Instead Of Flowers: The Need For A Case-By-Case Approach To Frcp 60(B)(6) Motions Predicated On A Change In Habeas Corpus Law, Andrew P. Lopiano

Liberty University Law Review

No abstract provided.

A New Argument For The Next Kahler V. Kansas: Due Process Demands More Than Cognitive Capacity, Matthew Hughes

Liberty University Law Review

No abstract provided.

Freedom Of Expression And Artistic Public Accommodations: The Right To Manifest One's Inner State, Locke Adair

Liberty University Law Review

No abstract provided.

The Evolution, Expansion, And Effects Of Intellectual Property Rights At American Higher Education Institutions: A Historical Context Of Legislation And Case Law At Harvard And Yale Universities, Lucia Antoinette Shipley

Doctoral Dissertations and Projects

This dissertation used a historical research method to examine the rise of the centuries-long complex construct of intellectual property ownership through the lenses of American institutions of higher learning and the American legal system, the latter of which attributing its involvement in intellectual property rights once the principle of ownership became equated with the profit of ownership. Because universities are the traditional factories for innovation, this phenomenon within this expanse of time can be better understood by focusing on two historical research institutions. The universities of Harvard and Yale were explored due to their operational and intellectual property experiences mirroring …

Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis

Liberty University Journal of Statesmanship & Public Policy

The thesis is the coalition invasion of Iraq violated international law because it went beyond the limited authority to use force given by United Nations Resolution 144 and violated natural law just war principles. The involvement of the United States not only violated just war principles but the requirements of the United States Constitution because Congress did not declare war as was required. The invasion also went beyond the legal limits imposed by the United States Joint Congressional Resolution authorizing the use passed on 2 October 2002. Further, the invasion was not justified by any prior United Nations resolution nor …

Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper

Helms School of Government Undergraduate Law Review

No abstract provided.

Partisan Or Precedent: The History Of Nominating Supreme Court Judges In Presidential Election Years, Hattie Jefferies

Helms School of Government Undergraduate Law Review

No abstract provided.

The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis

Helms School of Government Undergraduate Law Review

No abstract provided.

Constitutional Hinderance, Dena Wake

Helm's School of Government Conference - American Revival: Citizenship & Virtue

According to media outlets, the federal government has become the poster child for “Failure to Help the States” during this present crisis. It is nearly impossible to find an article or news segment that does not blame the federal government for the current pandemic. If the media is correct in blaming the federal government then why doesn’t the federal government just take over all COVID-19 related problems throughout the nation that would make everything easier according to the media. There are countless reasons why the federal government can’t take over, the ultimate reason being the Constitution, the law of the …

An Analysis Of The Relationship Between Voting Law Stringency And Voter Fraud, Nicholas J. Stark

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The debate on election integrity usually centers upon two competing views. First, the conservative view, makes the claim that combating voter fraud is the most important aspect of preserving election integrity. Conservatives argue that voter fraud is rampant and has a meaningful impact on the outcomes of elections. In order to provide free and secure elections, states need to enact more stringent voting laws. The argument hinges on a correlation between relaxed voting laws and more instances of voter fraud.

The second view, held by liberals, is that the conservative argument actually fosters voter suppression, which is more damaging to …

The Constitution, Covid-19, And Civil Disobedience: Federalism In Flames And The Slippery Slope To Socialism, Savannah Snyder

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Our Constitution has been devastatingly corrupted from its original design and vision amid the COVID-19 pandemic. Governors usurped authority in the name of crisis mitigation. Our unalienable rights have been macerated and pulverized by droves of executive orders, each delivering a calamitous blow to the integrity of the American republican framework. Socialized medicine is on the horizon as our compliance is coerced. Conventional civil disobedience has been regulatorily revoked. We have succumbed to the decrees of depraved men who maintain that education, religious expression, and pursuits of happiness can be invalidated by whatever transgressions the state deems necessary. For the …

Bridging The Gap: Reconciling Research And Reality On Street Gang Prevention, Brent Schuliger

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Law enforcement in America is under great scrutiny. Last year saw numerous calls for criminal justice reforms due to a perceived racial bias in policing strategies and policies. This crisis of public opinion poses a serious threat to police legitimacy in the coming years. Couple this with a public which increasingly does not trust police capabilities to solve crimes: since 2010, the number of violent crimes reported to police steadily declined, reaching a low of only 40% reported[1]. It is clear some reforms to the criminal justice system, and how it interacts with communities, are needed. One of …

How Unfettered Emergency Powers Have Led To The Disregard Of The Rule Of Law, Hannah Schanz

Helm's School of Government Conference - American Revival: Citizenship & Virtue

What a difference a day makes. How much more a month? A year? How different our world looked over a year ago before we knew about the COVID-19 virus. Children casually played on playgrounds during recesses; family and friends gathered at churches, weddings, and funerals; and over 40,000 fans cheered from the stadium as the Washington Nationals won their first World Series. But in March of 2020, dark clouds rolled in under which many Americans have still not felt the sunlight on their uncovered faces. School doors still remain shut. Churches, which were banned from meeting, forbidden from singing, and …

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - American Revival: Citizenship & Virtue

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

Coronavirus Communication: Interaction Of Church, State, And Constitution In The Pandemic Environment, Valeriia Manchak

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper investigates the response to Covid-19 by examining the communication problem between the government and religious institutions. During the outbreak, some faith-based organizations used religion-abetted value judgments which affected viral spread (Whitehead and Perry 2020). Religious institutions can also inspire people to be supportive while the world endures hard times. (Wildman, Bulbulia and et al. 2020). This paper will explain where churches have contributed to the challenges of dealing with the COVID virus and provide recommendations for the better response (Wildman, Bulbulia and et al. 2020). This paper also discusses where the government violated constitutional rights and how to …

Diversifying Nuclear Technology: A Technical Analysis On Small Modular Reactors And Its Impact On Nuclear Energy Policy, Carolina Lugo Mejia, Marcos Lugo

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The energy policy debate in the United States has revolved around the diversification of energy sources while promoting advantageous economic profits. One drive for this has been the discussion of anthropogenic, environmental endangerment concerns (Vlassopoulous 2011, 104). However, despite the environmental concerns, the U.S. has for some time only relied on one type of energy source—fossil fuels. Fossil fuels are categorized as natural gas, coal, petroleum, and other gases responsible (U.S. Energy Administration 2019). Natural gas is responsible for 38.4%, coal for 23.4%, petroleum for 0.4%, and other gases for 0.3% of the U.S.’s electrical generation (U.S. Energy Administration 2019). …

The Varying Interpretations Of The United States Constitution, Joseph Longo

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The laws of these United States of America are in place to remedy the issues within and against American society by ensuring American’s citizens’ rights are protected against other citizens, organizations, and the government itself.[1] America’s founders gave future generations a framework, the supreme law of the land, to guide the path of the country in a way that they saw just.[2] The U.S. Constitution has been the framework for the American government and society for over 200 years to promote the country the founders of the nation had envisioned. The Constitutional debate today is over how this …

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

Public Reason, Rawlsian Restraint, And The Judiciary: The Influence Of Political Philosophy On Legal Scholars And Judges In Relation To Religious Liberty, Marc A. Clauson

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper concerns the political theory of public reason in its application to religious freedom issues. Public reason, or its related idea, public justification, is in my estimation, just the latest extension of the problem of religious toleration in its particular relationship to the right of religious liberty. This latest expression of the toleration debate began, by most estimates, with John Rawls’ A Theory of Justice.[1] I will argue that in its Rawlsian form, public reason contains some serious flaws, which can be corrected by the work of political philosophers such as Gerald Gaus, Kevin Vallier and Michael Perry, …

The New Space Policy Regime And Its Financial Foundation, Tamara Campbell

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Post the global financial crisis of 2008, the National Aeronautical and Space Administration (NASA) sought to expand the space economy through a public policy of commercialization. This has brought major changes to the composition of space mission funding strategies, now repositioned as public private partnerships (P3s). Formed to fund space missions with private finance in lieu of public funding, P3s are investment and risk-sharing vehicles evaluated by financial intermediary institutions, insurers, and at times, the courts in the case where there is foreign direct investment (FDI) agreement. For this reason, it is arguable P3s have exceptional influence on the scope …

The “Age Of Rock” Versus The “Rock Of Ages”: Naturalism, Social Darwinism, And Fundamentalism In The Scopes Monkey Trial, Bessie Blackburn

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Greek mythology once predominated the highest forms of culture known to man. Myths of how fire came to be in the hands of humans, or how the peacock got its spotted feathers were beloved cultural tales of origins.[1] With the decline of the ancient cultures, new ones blossomed in their place. However, the question of origin has remained a pertinent, central question of each culture, no matter how modern. The question of origin dictates who a person believes himself to be, where he believes himself to be going, and what he believes himself to be doing. The question of …

Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall

Senior Honors Theses

This study proposes a framework of viewing the competition between governments to attract businesses into their jurisdiction as a competitive market. Literature is reviewed on the market forces and incentives of businesses and governments in location decisions. A possible gap in the literature of quantifying the price elasticity of competition between national governments for business activity is identified. OECD data is analyzed using equations supported by literature and results are evaluated to better understand the elasticity of international location decisions. The results of this study indicate that elasticity varies widely between countries, and countries with smaller economies may face more …

Analyzing The Fiscal Relationship Between The Church And State, Emily Lethbridge

Senior Honors Theses

The relationship between the government and the church is frequently debated in the United States. One main concern is the legality of the government granting funding to churches, religious schools, and Christian organizations. Religious institutions are separated from the government; thus, they can be tax-exempt and able to discriminate on a religious basis. The Supreme Court has analyzed the Free Exercise and Establishment Clauses in several cases to determine when the government may grant funds to religious institutions. In the past decade, administrative code and judicial case law have both expanded religious institutions’ ability to receive governmental funds. Inevitably, controversy …