Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Applied Ethics (1)
- Arts and Humanities (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
-
- Constitutional Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Criminology and Criminal Justice (1)
- Ethics and Political Philosophy (1)
- Feminist Philosophy (1)
- Feminist, Gender, and Sexuality Studies (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Race (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Studies (1)
- Legal Theory (1)
- Philosophy (1)
- Rule of Law (1)
- Social and Behavioral Sciences (1)
Articles 1 - 2 of 2
Full-Text Articles in Judges
Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee
Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee
CMC Senior Theses
A system of civil recourse is a precondition for a just society. In this paper, I outline the ideal version of a system of civil recourse and analyze the accounts of various liberal philosophers to explain how a non-instrumental and mutual accountability theory of civil recourse best encapsulates its stated purpose. I analyze the American system of civil recourse, specifically tort law, and argue that it bypasses the threshold of tolerable injustice for marginalized people in the United States. Using Tommie Shelby’s framework in Dark Ghettos: Injustice, Dissent, and Reform, I argue that marginalized people are not obligated by …
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 …