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Full-Text Articles in Law
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Honors Projects
The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …
Biosocial Criminology Versus The Constitution, Karen E. Balter
Biosocial Criminology Versus The Constitution, Karen E. Balter
Regis University Student Publications (comprehensive collection)
The continually emerging field of biosocial criminology provides a basis for productively merging biology with sociological reasonings for criminal behavior. Mainstream research in criminology focuses on environmental factors as the sole reason individuals exhibit antisocial behavior patterns and may ultimately commit crimes. Criminological research has travelled in this direction for decades. The current climate within this community subscribes heavily to the notion that biology has very little to do with why people behave the way they do, and if it did, government control would be the norm. The nature of biocriminology opens a door through which constitutional issues may enter. …
Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan
Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan
Senior Independent Study Theses
The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.
“Government By A Few Conservative Men”: An Examination Of Louis Boudin’S Understanding Of The Abuse Of The Judicial Power And The Decline Of Judicial Restraint By The Supreme Court, Sarah A. Ballinger
“Government By A Few Conservative Men”: An Examination Of Louis Boudin’S Understanding Of The Abuse Of The Judicial Power And The Decline Of Judicial Restraint By The Supreme Court, Sarah A. Ballinger
Senior Theses and Projects
For the first 150 years of the existence of the judicial power, it was liberals who advocated for the limited role that the Supreme Court should play in America’s constitutional democracy. Since the 1960’s and the Civil Rights Movement, there has been an increase in liberal judicial activism. This thesis seeks to explore the progression of judicial restraint and activism over the history of the Supreme Court through the eyes of Louis Boudin, a constitutional expert writing in the 1930’s. Boudin, a radical liberal, asserts in Government By Judiciary that the judicial branch has been constantly expanding its own power …
Judging The Justices: A Critical Analysis Of Citizens United V. Federal Election Commission, Cassandra Gurrola
Judging The Justices: A Critical Analysis Of Citizens United V. Federal Election Commission, Cassandra Gurrola
CMC Senior Theses
This thesis examines the recently decided Supreme Court case Citizens United v. Federal Election Commission. The case regards campaign finance reform, and has raised significant controversy recently. This thesis will evaluate the arguments from both the dissent and the majority opinions, contextualize these arguments with respect to the history of campaign finance reform and the history of the legislation with regard to corporations, and will ultimately pass judgment on whether the Court was correct in its decision. Implications for the post-Citizens world will also be considered.