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Full-Text Articles in Law

American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy C. Macneil Blackwood Jun 2024

American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy C. Macneil Blackwood

University Honors Theses

American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter’s presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism’s fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …


Sexual Abuse: A Multi-Faceted Problem, Marcus Venable May 2024

Sexual Abuse: A Multi-Faceted Problem, Marcus Venable

LSU Doctoral Dissertations

On average, US citizens have experienced approximately 400,000 sexual assaults per year, which results in enormous immediate and long-term consequences for individuals, as well as society in general.

In the U.S., the principal method of combatting this crime has been the creation of Sex Offender Registries used to notify the public of the identity and location of convicted sex offenders who may be living in proximity to their residence. In addition to the Registry, laws have been passed forbidding convicted sex offenders from residing within buffer zones around areas of high child concentration [schools/parks/etc.].

The efficacy and consequences of these …


Corporate Environmental Responsibility: Navigating Policy, Impact, And Equity, Tyler Halligan May 2024

Corporate Environmental Responsibility: Navigating Policy, Impact, And Equity, Tyler Halligan

Graduate Student Portfolios, Professional Papers, and Capstone Projects

"Corporate Environmental Responsibility: Navigating Policy, Impact, and Equity" examines the profound influence of corporations on environmental degradation through three pieces.

The first piece, "Understanding Factors Shaping Corporate Environmental and Social Responsibility: Navigating a Path Towards Greater Accountability," explores seven critical areas: legal frameworks, global trade, multilateral development banks, international investment laws and agreements, corporate lobbying, transparency and environmental accountability, and economic growth priorities and negative externalities. It traces these topics from pre-1970s regulatory contexts to contemporary contexts, advocating for stronger regulations and ethical practices to foster accountability and sustainability.

The second piece, "Treatment as a State (TAS) under the Clean …


Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish May 2024

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Student Research Submissions

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …


Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom May 2024

Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom

Senior Theses and Projects

This thesis investigates the landscape of higher education in prison (HEP) programs in Connecticut, aiming to evaluate their efficacy in ensuring a genuine right to education for incarcerated individuals. Through a comprehensive exploration grounded in human rights principles and informed by abolitionist perspectives, the research scrutinizes the availability, accessibility, acceptability, and adaptability of these programs. Drawing on insights from incarcerated students, program leaders, and existing scholarship, it delves into the intersection of education and incarceration, challenging prevailing neoliberal narratives. Furthermore, the thesis proposes actionable strategies for everyday abolition, emphasizing the need to dismantle carceral cultures and foster transformative approaches to …


The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson May 2024

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …


The Truth Of The American Immigration System: Family Separation, Tegwyn Hollenbach '24 May 2024

The Truth Of The American Immigration System: Family Separation, Tegwyn Hollenbach '24

Honor Scholar Theses

This paper will begin with the first chapter by detailing the foundation of policies the American government built up in order to create the immigration system. The policies centralized around being acts of exclusion in an attempt to keep those the government deemed good enough out. There will be details on the last major immigration reform law and explanations as to what factors and events have played into creating the American Immigration system today. The second chapter will delve deeper into more modern immigration policies by focusing on recent presidential administrations that have attempted and failed to make a productive …


Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera May 2024

Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera

Undergraduate Honors Theses

This thesis examines the relationship between the specific features written into multilateral treaties and their success in regulating innovative technologies. It explores why detailed treaty provisions such as periodic reviews, trigger mechanisms, amendment provisions, and knowledge sharing are critical to the effectiveness of these international agreements. I argue that the presence of these features contributes significantly to a treaty's ability to adapt to changing circumstances, ensure transparency, and facilitate ongoing cooperation and collaboration among signatories. To test this claim, I completed an in-depth case study analysis of technologies like railroads, telegraphs, electricity, and nuclear weapons. The findings indicate that treaties …


Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter Apr 2024

Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter

Senior Honors Theses

Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …


Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson Apr 2024

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …


Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman Apr 2024

Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman

Theses

Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …


Searching Govinfo.Gov/, Bert Chapman Mar 2024

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.


Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller Jan 2024

Boiling Behind Bars: Exploring The Hidden Toll Of Extreme Heat On Mental Health In Texas Prisons, Sandra K. Miller

Social Work Theses

The State of Texas supports the largest prison system in the US and held 132,859 people in 100 units scattered across the state as of December 2023. Approximately 70% of Texas prison beds are not air conditioned, despite the state’s reputation for dangerously hot, humid summers. The State has officially recorded temperatures inside Texas prison facilities as high as 120 degrees with heat index values of over 150. Although there is a growing body of research on the negative physiological and psychological consequences of extreme heat among the general public, little is known about the physical and emotional toll of …


The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock Jan 2024

The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock

CMC Senior Theses

This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …


Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra Jan 2024

Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra

MSU Graduate Theses

I knew from a young age that I never wanted children. Whenever I expressed my disinterest in motherhood, I was often met with bewilderment, disapproval, and hostility. The church I was raised in taught me that my value and worth as a woman directly correlated with the power of my birthing hips. This fundamentalist upbringing has significantly shaped my relationship with my femininity, my body, and my artwork. When I feel powerless, turning to my art gives me a sense of control and self-expression. This body of work began as a reaction to the overturning of Roe v. Wade and …


When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter Jan 2024

When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter

School of Business Student Theses and Dissertations

Our democracy depends on having a supply of candidates running for elected office, but in some instances, no one wants to run. This phenomenological study asks what the effects on a healthy and vibrant democracy are if ballots are blank and the seat is filled through write-in or appointment. Rooted in democratic theory, this study explores small, rural city elections where write-ins won election. Understudied, local governments are responsible for decisions affecting the lives of millions of people each day. Workforce scarcity, the alienation of young Americans from politics, government bashing, nasty campaigns, threats of physical harm, and other barriers …


Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal Jan 2024

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …


Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor Jan 2024

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …


For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen Jan 2024

For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen

CMC Senior Theses

The U.S. Constitution does not enshrine socioeconomic rights. Why does this matter? Many argue that socioeconomic rights have value in and of themselves because they secure certain minimum conditions of human dignity, but socioeconomic rights also have instrumental value because abject material deprivation often makes traditional political and civil rights meaningless. In this thesis, I explore the relationship between U.S. constitutional law and socioeconomic rights through an analysis of the Warren Court’s decisions regarding socioeconomic class. In Chapter 1, I present existing literature on socioeconomic rights, socioeconomic rights in the American context, and what many scholars see as the Warren …


The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake Jan 2024

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …


Partisan Panel Composition And Reliance On Earlier Opinions In The Circuit Courts, Stuart M. Benjamin, Byungkoo Kim, Kevin M. Quinn Jan 2024

Partisan Panel Composition And Reliance On Earlier Opinions In The Circuit Courts, Stuart M. Benjamin, Byungkoo Kim, Kevin M. Quinn

Faculty Articles

Does the partisan composition of three-judge panels affect how earlier opinions are treated and thus how the law develops? Using a novel data set of Shepard’s treatments for all cases decided in the U.S. courts of appeals from 1974 to 2017, we investigate three different versions of this question. First, are panels composed of three Democratic (Republican) appointees more likely to follow opinions decided by panels of three Democratic (Republican) appointees than are panels composed of three Republican (Democratic) appointees? Second, does the presence of a single out-party judge change how a panel relies on earlier decisions compared to what …


Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr Jan 2024

Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr

Capstone Showcase

My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the …


Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez Jan 2024

Hablando Sobre Inmigración: How Members Of The House Of Representatives In 118th Congress Frame The Issue Of Immigration, Guadalupe Castañeda Martinez

History and Political Science | Senior Theses

Historically, Immigration has played a critical role in forming the nation’s identity, economic prosperity, and promoting cultural diversity. Considering that the issue of Immigration has been in the news and is considered by many to be important and in need of policy solutions, little progress has been made on passing comprehensive immigration reform since the 113 th Congress in 2013. How members of Congress talk about Immigration is important because framing can influence public opinion, shaping perceptions of the issue and affecting policy decisions. Members may use their platform to communicate how they think about policy issues. Research has been …


Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady Dec 2023

Blunt Instruments, Glass Slippers, And Unicorns: Ocean Governance In A Climate-Changed Gulf Of Maine, Susan E. Farady

Maine Policy Review

Management and governance systems should ideally match the nature of the natural environment and the range of human uses. Today’s ocean and coastal governance system is made up of singular laws and government agencies, the product of years of evolution. This system was never intended to reflect the complexities of the marine ecosystem and varied human uses of marine resources. The resulting “silo-ed” management system has never worked particularly well, but as we face a rapidly changing Gulf of Maine, and accompanying changes in uses, this system’s limitations are increasingly obvious. An “ideal” ocean governance system would be comprehensive and …


It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer Nov 2023

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 Bork Nomination And Degradation Of Debate, Alexa Mast Oct 2023

The Bork Nomination And Degradation Of Debate, Alexa Mast

Honors Projects and Presentations: Undergraduate

The president’s power to nominate Supreme Court justices could be the tool best-suited for crafting a legacy, for it is the power to impact the nation well beyond the length of his term. With the unraveling of the New Deal coalition and the ascension of the Rehnquist Court, the retirement of Justice Lewis F. Powell invited the opportunity for President Ronald Reagan to secure a conservative majority on the Supreme Court for the next generation. His nominee was one of the most prominent conservative legal scholars in the nation, and a favorite of the Republican party who boasted an impressive …


The Role Of U.S. Government Regulatioms, Bert Chapman Sep 2023

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.


"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson Sep 2023

"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson

Faculty Scholarship

In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …


"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo Aug 2023

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …


Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs Aug 2023

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.