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Full-Text Articles in Constitutional Law
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 …
The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer
The Federal Judicial Vacancy Crisis: Origins And Solutions, Ryan Shaffer
CMC Senior Theses
This paper examines the causes of the rise in vacancies on the federal courts in recent decades. Under President Barack Obama, the number of vacancies on the federal courts has sharply jumped. This is due to firm opposition by Senate Republicans, who have used the various procedural tools of that body to make it difficult for nominees to get confirmation. This antagonism is the result of a shift in how the parties view the courts and their role in the American political process. The Warren Court's expansion of substantive due process rights increased the Court's powers to the chagrin of …