Law Commons^™

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 Politicization And Polarization Of Climate Change, Williamson Grassle

CMC Senior Theses

In the mid to late 20th-century, climate change and other environmental issues were addressed on a bipartisan basis, with Republican politicians like President Richard Nixon and George H.W. Bush supporting and advancing measures to combat climate change. However, since the 1990s, climate change has become increasingly polarized, with significant polarization in the last decade. This paper dives into the causes behind climate change's politicization and polarization and what the future holds for bipartisan agreement by analyzing peer-reviewed articles, campaign contributions, news stories, political archives, and past interviews with climate experts. The analysis finds that the polarization has been driven by …

Understanding Place-Based Immigration: The Proposal, Its Popularity, And Its Prospects, Mohamad Moslimani

CMC Senior Theses

The idea to create a new class of place-based visas is gaining traction in policy circles. These visas, known in some instances as “heartland visas” and as part of a class of immigration reform called “place-based immigration” (PBI), are designed to give state and local governments the ability to sponsor immigrants to live and work in their local communities. The proposal has gained traction among a variety of candidates for federal office and local immigration policy stakeholders. The reason for this support is the proposal’s ability to address a grave issue facing numerous communities across the U.S.—and its ability to …

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman

Scripps Senior Theses

The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

“It’S The Procedure, Stupid!”: Amendment Procedures And Their Effects On Constitutional Stability, Joseph Noss

CMC Senior Theses

Constitutions must change. No human can stop time from marching forward, nor the social, economic, cultural, and technological developments associated. As a result, constitutions necessitate mechanisms that allow for their own progress. The amendment procedure of a constitution—the rules that govern what changes can occur—is therefore fundamental to any constitutional system. Importantly, scholars, politicians, and citizens alike fail to take into account the significance of these amendment processes and their effects on the constitutions they govern. While usually treated as a constitutional after-thought, amendment procedures have one of the most pronounced, substantive effects on the permanence of a constitutional order. …

Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri

CMC Senior Theses

I have set out on the hunch that politics in America “feels different,” that we are frustrated both with our institutions as well as with one another. First, I will seek to empirically verify this claim beyond mere “feelings.” If it can be shown that these kinds of discontent genuinely exist to the extent that I believe they do, I will then explain why people feel this way and why things are different this time from the economic, political, and social points of view. Next, I will examine two potential responses, what I will call the populist and the institutional …

Stationary Distribution Of Recombination On 4x4 Grid Graph As It Relates To Gerrymandering, Camryn Hollarsmith

Scripps Senior Theses

A gerrymandered political districting plan is used to benefit a group seeking to elect more of their own officials into office. This practice happens at the city, county and state level. A gerrymandered plan can be strategically designed based on partisanship, race, and other factors. Gerrymandering poses a contradiction to the idea of “one person, one vote” ruled by the United States Supreme Court case Reynolds v. Sims (1964) because it values one demographic’s votes more than another’s, thus creating an unfair advantage and compromising American democracy. To prevent the practice of gerrymandering, we must know how to detect a …

The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang

Scripps Senior Theses

This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.

The Convergence Of The War On Terror And The War On Drugs: A Counter-Narcoterrorism Approach As A Policy Response, Lindsay Burton

CMC Senior Theses

This thesis investigates how and why U.S. policies and agencies are ill-equipped to respond to narco-terrorism and offers some policy recommendations for remedying that. Narco-terrorism is the merging of terrorism and drug trafficking. Terrorist organizations and narcotics traffickers each have much to offer the other; there is potential for symbiosis in the form of cooperation and even hybridization. Examination of the dynamics between terrorist organizations and drug traffickers, combined with an evaluation of the US responses to narcoterrorism in Colombia and Afghanistan, makes it clear that current US policy responses fail to recognize narcoterrorism as a unique challenge, and instead …

What's Going Wrong In Nevada? A Comparative Analysis Of California And Nevada Gun Control Laws As They Relate To Gun Violence, Danielle Chami

CMC Senior Theses

The recent mass shooting on October 1, 2017 in Las Vegas, Nevada has been marked in history as the worst mass shooting in the United States to this point. The details of the shooting beg the question, is it coincidence that it happened in Nevada, a state with some of the least restrictive gun control laws? Mass shootings have become an unfortunate part of reality in the United States, but these are fairly uncommon occurrences. While they are horrific and deserve attention, daily gun violence cannot be forgotten. In the face of such a multitude of gun violence, what can …

An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne

Scripps Senior Theses

Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental …

California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega

Scripps Senior Theses

Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that functions …

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi

CMC Senior Theses

This work asserts that bureaucratic organization is not only an inevitable part of the modern administrative state, but that a high quality bureaucracy within a strongly empowered executive branch is an ideal mechanism for running government in the modern era. Beginning with a philosophical inquiry into the purpose of American government as we understand it today, this paper responds to criticisms of the role of expanded government and develops a framework for evaluating the quality of differing government structures. Following an evaluation of the current debate surrounding bureaucracies (from both proponents and critics), this thesis outlines the lessons and principles …

California's Foreign Relations, Christopher Gaarder

CMC Senior Theses

Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 …

A Philosophical Analysis Of California Determinate Sentencing, Three Strikes, And Realignment, Madeline Stein

CMC Senior Theses

This thesis explores the relationship between philosophy and policy in the context of three California policies, Determinate Sentencing, Three Strikes, and Realignment. The philosophy portion includes theories of retribution, deterrence, and rehabilitation, focusing on the tensions and conflicts within them.

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …

The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis

Pitzer Senior Theses

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …

Electric Municipalization In The City Of Boulder: Successful Greening Or Path To Bankruptcy?, Kathryn C. Browning

CMC Senior Theses

Climate change will result in variable – but undeniably severe – changes to our natural world. These changes will lead to extreme human and ecosystem consequences if climate change is not mitigated effectively, efficiently, and rapidly. Increasing the use of renewable energies around the world is seen as one of the most effective and promising mitigation strategies. Several communities around the United States have recently denounced publicly their electrical utilities for their failure to offer the choice to increase the percentage of energy that comes from renewable sources. A growing number are taking action to work with – or sometimes …

The 5 W'S Of The White House Tribal Nations Conferences: 2009-2011, Elizabeth A. Shulterbrandt

Scripps Senior Theses

This paper attempts to provide an answer to the question of why the White House Tribal Nations Conferences (2009-2011) are happening by offering two hypothesis-- the first being the growing American Indian political power, while the other looks at whether the Conferences are simply symbolic politics--as potential answers. An in depth analysis of the Conferences and the purported accomplishments from the summits are analyzed in order to gain a deeper understanding of the Conferences themselves. Lastly, an interview with a tribal leader is presented to provide another framework in which to view the Conferences.

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota …

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 …

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 …

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to …

Mississippi Redistricting 1977-1980, Thomas B. Hofeller

CGU Theses & Dissertations

This is a study of the 1977-78 redistricting of the Mississippi State Legislature. It was a process that saw the culmination of a struggle between the civil rights forces and the "Establishment" in Mississippi, but its origins span almost the entire period of the "reapportionment revolution" in the United States.