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Full-Text Articles in Social and Behavioral Sciences
It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer
It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer
Compass: An Undergraduate Journal of American Political Ideas
Using a blend of primary and secondary sources, this research paper examines the lesser-known newspaper debate between Chief Justice John Marshall and Judge Spencer Roane of the Virginia Court of Appeals. The purpose of this research is to answer one question: What were the fundamental issues that divided early Americans as demonstrated by the landmark case of McCulloch v. Maryland (1819)? To contribute to the ongoing discussion of McCulloch and its significance, my paper attempts to understand the issues surrounding McCulloch within its broader, historical context. Instead of confining its importance to the Second Bank of the United States, I …
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle
The Compass
The Supreme Court, a nine seat bench of unelected and lifetime tenured Justices, determines the constitutionality of dozens of cases each year. In this thesis, I research to what extent the political affiliation of the Justices affects the judicial decision making process and, ultimately, case outcomes. Using pattern matching, I evaluate due process opinions from Justice Breyer, Justice O’Connor, and Justice Scalia, all of whom have established constitutional analysis methods, in order to determine if they reasonably adhere to their established method. Due to the highly political nature of due process cases, variance between the expected (adherence to the Justices’ …
The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees, Caleb Goltz
The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees, Caleb Goltz
Animal Studies Journal
This article offers a legal explanation for the decline of honeybees. While most investigations into bee populations and bee survival rates have been scientific, this article provides an additional set of causes, showing how our legal definitions of property and standards of negligence contribute to a landscape hostile to the lives of bees. Examining recent litigation in the United States and Canada, it shows how legal concepts of property impact the lives of bees, especially in cases of pesticide overspray near property boundaries, and in the forms of knowledge and ignorance in play in contesting duties of care in negligence …