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Articles 1 - 9 of 9
Full-Text Articles in Law
The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson
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 …
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Political Science Undergraduate Honors Theses
The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.
Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery
Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery
Political Science Undergraduate Honors Theses
Numerous books, papers, journals, articles, and newspapers have explored the human experience in the American South for many decades. Much of this recorded history and further academic and historical literature spans the time period since the passage of the Nineteenth Amendment in 1920. Most of these works, while claiming to focus on the entire population, address only the life experiences of men while assuming their information pertains to the entire population. Although a portion of these accounts focus on the African American experience overall, just a fraction examines the female experience. In this paper I will be examining women’s political …
The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey
The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey
Graduate Theses and Dissertations
Immigrants, English learners (ELs), and culturally and linguistically diverse (CLD)students often lag behind their White, monolingual peers in academic achievement and English language proficiency. While there are policy solutions to improve academic and linguistic opportunities and outcomes for immigrant/EL/CLD students, such as implementing bilingual instructional models and increasing teacher diversity, these pro-immigrant policies can be hard to come by in some legislative contexts due to unfavorable economic, social, or political determinants. This qualitative case study analyzed the multifaceted political work that contributed to the passage of two pro-immigrant education policies in the Arkansas 93rd General Assembly: a bill for bilingual …
Overruling Mcculloch?, Mark A. Graber
Overruling Mcculloch?, Mark A. Graber
Arkansas Law Review
Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …
M'Culloch In Context, Mark R. Killenbeck
M'Culloch In Context, Mark R. Killenbeck
Arkansas Law Review
M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …
The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson
The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson
Arkansas Law Review
All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition …
The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold
Graduate Theses and Dissertations
The Bipartisan Campaign Reform Act increased the individual donor limit to $2,000 per candidate per election and indexed the limit for inflation every two years. The primary research question guiding this study is how has the increase in the donor limit affected donor behavior. Answering this question should allow a determination to be made about how donors have responded to the increased donor limit. Understanding how donors responded to the doubled limit is important because it provides evidence on the intersection of wealth inequality and political influence. To answer the research question this study considers how the increased donor limit …
Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane
Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane
Education Reform Faculty and Graduate Students Publications
James G. Blaine was a prominent American politician of the late 19th Century. Although Blaine was an unsuccessful Republican candidate for President in 1884, U.S. Secretary of State, Speaker of the House, and a Senator from Maine, his primary legacy was the enshrinement of "anti-aid" amendments in the constitutions of 39 U.S. states. These so-called "Blaine Amendments" were designed to prohibit government funds from supporting "sectarian" religious organizations such as schools and charities. In Blaine's day, "sectarian" was widely understood to be a euphemism for "Catholic". Nondenominationally Protestant organizations such as the public schools of the day were considered to …