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Articles 1 - 11 of 11
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Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.
Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.
CMC Senior Theses
The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et …
The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi
The Cloak Of Copyright: How Costco V. Omega Enabled Price Discrimination, Jacinth K. Sohi
CMC Senior Theses
In December of 2010, Costco v. Omega came down from the Supreme Court. The Switzerland-based watchmaker Omega sold Seamaster Collection watches, which were affixed with its copyrighted logo, in the United States as well as in foreign markets. Omega priced watches in the United States market higher than elsewhere. Costco obtained Omega’s watches from a third party that had purchased the watches abroad, then sold them at its membership warehouses for cheaper prices than authorized Omega dealers in the United States. Consequently, Omega sued Costco for copyright infringement. Costco pursued a defense based on the first sale doctrine in response. …
The Stable American Mind: Understanding Attitudes Towards Government And Taxes, 1990-2011, Christopher P. Eldred
The Stable American Mind: Understanding Attitudes Towards Government And Taxes, 1990-2011, Christopher P. Eldred
CMC Senior Theses
As the federal government seeks ways to stimulate our economy and reduce our national debt, understanding public attitudes on the role and size of government and the taxes that support it is important. This thesis evaluates how US public opinion towards government and taxes has changed from 1990 to the present, and analyzes several potential causes for changes that have occurred. It is intended to be an update of William G. Mayer’s 1992 book entitled The Changing American Mind, which analyzed changing public opinion from 1960-1988. In following his analysis, the causes I have analyzed are generational replacement, fiscal …
Powers Of War: President Versus Congress, Jordan D. Santo
Powers Of War: President Versus Congress, Jordan D. Santo
CMC Senior Theses
Before the United States Constitution was ratified there was much debate about what war powers the executive and legislative branches should hold. After much deliberation it was decided that the power to declare war would fall under the control of Congress. But as time passed, control over initiating military action began to shift from Congress to the President. This thesis examines the shift of power from the legislature to the President. The thesis explains the difference between a declaration of war, an authorization of force, as well as using the military as a police force. It examines the precedents set …
Legal Interpretation: Taking Words Seriously, Allison W. Scott
Legal Interpretation: Taking Words Seriously, Allison W. Scott
CMC Senior Theses
This thesis examines the consequences of taking a conversational approach to legal interpretation. This is meant to contrast with and improve the argument given in Ronald Dworkin's Law's Empire.
An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird
An In Depth Look At Gonzales V. Raich: The History Of Medical Marijuana And The Commerce Clause, Rory S. Baird
CMC Senior Theses
The Supreme Court case, Gonzales v. Raich (2005), ruled medical marijuana use, authorized by the State of California, was subject to federal prosecution and regulation under the interstate commerce clause.
A Reexamination Of Us Heroin Policy, Daniel Fogel
A Reexamination Of Us Heroin Policy, Daniel Fogel
CMC Senior Theses
Misguided drug policy in the United States has led to many severe social and economic problems that have burgeoned over the past century. I analyzed heroin policy specifically, investigating new treatment methods and alternative decriminalization policies that would ameliorate some of these problems.
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 …
Alleviating Social Disadvantages Of Rapid Economic Growth: A Case For Conditional Cash Transfer (Cct) Application In Old Siam, Anastasia Kostioukova
Alleviating Social Disadvantages Of Rapid Economic Growth: A Case For Conditional Cash Transfer (Cct) Application In Old Siam, Anastasia Kostioukova
CMC Senior Theses
The ongoing conflict between Thailand’s red shirt and yellow shirt parties is not purely political. This tension is rooted in a renewed awareness of regional economic and social inequality, a byproduct of rapid economic growth in the past. This thesis seeks to understand the overall consequences of unequal economic development in Thailand, as the rationale for asserting that a conditional cash transfer (CCT) program is an appropriate policy tool for the ongoing reconciliation efforts.
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
CMC Senior Theses
Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …
Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke
Intellectual Property Rights In Sub-Saharan Africa, Sope Adegoke
CMC Senior Theses
Globalization of the world economy has made knowledge a critical element of effectiveness in the world economy. Current economic and trade conditions change rapidly and require constant improvement to ensure economic development. These conditions stimulate innovation and improvements in technology, designs, and other tangible and intangible assets. Most Sub-Saharan African countries have not exploited the benefits that intellectual property rights offer to its users, despite considerable improvements to existing knowledge and options for protecting knowledge. Strong intellectual property laws are important for effective incentives to invent continuously. It is important to provide some form of compensation and guarantee that their …