Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (4)
- Constitutional Law (3)
- Fourteenth Amendment (3)
- American Politics (2)
- Common Law (2)
-
- Criminal Law (2)
- Criminology and Criminal Justice (2)
- Fourth Amendment (2)
- Law and Politics (2)
- Legal History (2)
- Legal Studies (2)
- Legal Theory (2)
- Legislation (2)
- Political Science (2)
- Privacy Law (2)
- Supreme Court of the United States (2)
- Behavioral Economics (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Construction Law (1)
- Criminal Procedure (1)
- Criminology (1)
- Economics (1)
- First Amendment (1)
- Judges (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Race (1)
- Law and Society (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta
Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta
CMC Senior Theses
The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
CMC Senior Theses
In this thesis, I analyze the reasons that Supreme Court overturns precedent, and how, if at all, does the doctrine of stare decisis impact those decisions. The Supreme Court’s decisions are often politicized and viewed as a result of the Supreme Court Justices’ ideological views. Simply, they abide by precedents they agree with and abandon ones they do not. While the impact of ideology on Supreme Court decisions is unclear, I find that the doctrine of stare decisis plays an important role in their jurisprudence. In fact, the doctrine of stare decisis has increasingly dominated cases that reverse a prior …
Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio
Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio
CMC Senior Theses
The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
CMC Senior Theses
This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
CMC Senior Theses
This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
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 …
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
CMC Senior Theses
In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …
A New Experiment On Rational Behavior, Myles R. Macdonald
A New Experiment On Rational Behavior, Myles R. Macdonald
CMC Senior Theses
Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the game’s …