Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 30

Full-Text Articles in Law

Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost Mar 2024

Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost

Honors Theses

In this paper, I will explore the eugenics movement as a pseudo-scientific political, social, and legal phenomenon which had a devastating historical impact on America’s most vulnerable women, as well as briefly discuss its residual effects on contemporary reproductive rights conversations, through the lens of literature. Using an interdisciplinary discourse and narrative analysis approach, I identify two distinct themes within the explored narratives: (1) the importance of a government’s attempt to override a person’s autonomy by destroying the person’s ability to reproduce, and (2) the impropriety of actions based on a negative attitude toward disabled or undesirable persons. In my …


Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling Apr 2023

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …


Petroleum And The Politics Of Decolonization In Indonesia: A Study Of Economic Development And Nationalism, Jan P. Wenger Jan 2023

Petroleum And The Politics Of Decolonization In Indonesia: A Study Of Economic Development And Nationalism, Jan P. Wenger

Honors Theses

This study examines Indonesia’s reliance and independence on foreign direct investment (FDI) and multinational corporations (MNCs) in the oil and gas sector. Analyzing historical, economic, and political primary and secondary sources and conducting qualitative interviews, the research explores the friction between economic development aspirations and nationalist sentiments. The study reveals that the current ambiguity surrounding FDI and MNC policies in Indonesia’s oil and gas sector can be traced back to the country’s economic decolonization and demonstrates that Indonesia’s economic policies towards these factors shifted in the aftermath of political change. Since gaining independence, Indonesia has strived to balance the pursuit …


"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer Jun 2021

"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer

Honors Theses

Native women and girls in the United States are twice as likely to be sexually assaulted compared to white women, and murder rates on certain reservations can be tenfold higher than the national average. This pervasive violence traces back to colonialism. Native women have historically been abused, exploited, and neglected by America’s institutions, and lasting prejudice against Native peoples endures.

The United States government has stripped tribal governments of their ability to seek justice for their women. The Major Crimes Act of 1885, Proclamation 280, and the Oliphant v. Suquamish Indian Tribe (1978) decision place responsibility for investigating and prosecuting …


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams May 2021

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins Apr 2021

More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins

Honors Theses

This thesis examines the role of violence in Iraq in establishing the current Iraqi state. My chapters provide historical and theoretical context to the subject before getting into the analysis. The goal of this thesis is to show that violence in Iraq is not only caused by sectarian differences, but has been used and influenced by leaders, outside governments, and non-state institutions for personal gain and political goals at the cost of the Iraqi people.


Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …


“Realizing Democracy”: A Study Of The Regional And National Social, Political, And Economic Factors Driving Suffrage Development In The Age Of The Common Man, 1820-1850, Matthew Prosper Jun 2019

“Realizing Democracy”: A Study Of The Regional And National Social, Political, And Economic Factors Driving Suffrage Development In The Age Of The Common Man, 1820-1850, Matthew Prosper

Honors Theses

The Age of the Common Man was a period of American political history lasting from 1820 to 1850 characterized by the implementation of universal white manhood suffrage by every state through removing property and tax qualifications from state constitutional suffrage laws, as well as the “common man” entering the center of much political discourse. These conventions were demanded by the political, social, economic, and in some cases physical climates and conditions of each state. To look at these factors, this thesis divides the nation into three regions, two of which are examined: the Northeast, the Northwest, and the South (the …


Cartel Practices And Policies In The World War Ii Era, Caleb Yoken Jun 2019

Cartel Practices And Policies In The World War Ii Era, Caleb Yoken

Honors Theses

The goal of this thesis is to examine cartels in the World War II era: how and why they operated, why they existed, and any assistance they may or may not have received from their respective governments. This thesis, in particular, will focus on three countries, the United States, Germany, and Britain. Cartels are typically defined through the lens of monopolized business activity that can deal with anything from petroleum and steel to pharmaceuticals, and take actions to restrict output and raise prices to eliminate their competition. The research finds that cartels that operated in Europe during this era were …


Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy Feb 2019

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.


Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator Jun 2017

Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator

Honors Theses

Serving as a stepping stone to asserting independence from British authority and oppression, the Bunreacht Na hÉireann, Ireland’s modern constitution, allowed the nation and its people finally to shape themselves by their own legal standards, customs, and norms. Yet, after years of oppression from forced British standards, Ireland began the search for its own distinct voice as a newly liberated, competitive country. This thesis explores how the Irish Constitution contributes to shaping a homogenous society that promotes normative views and behaviors that damagingly marginalize minority groups–who differ from such social standards. By examining the specific language, diction, order and structure …


War's Children, Julie Niejadlik Jun 2017

War's Children, Julie Niejadlik

Honors Theses

When one thinks of war, one does not often think of children. Images of Navy SEALS in camouflage tanks and the desert may come to mind when thinking of modern war. Those of Pearl Harbor, the Allied Forces, and Hitler may arise when thinking of war in a more historical sense. In the mind of the civilian children and the key role that they play in armed conflict rarely surfaces. In this thesis, I will address the function of children in war by arguing that their assumed innocence, as well as their assumed status as a "child" makes them easily …


When Personal Becomes Profitable: Data Collection And The Complex Link Between Corporate And Government Surveillance And The Risk To Civil Liberties, Justin Gump Jun 2017

When Personal Becomes Profitable: Data Collection And The Complex Link Between Corporate And Government Surveillance And The Risk To Civil Liberties, Justin Gump

Honors Theses

Personal data represents a commodity of increasing interest to both the United States government and large corporations. While their reasons differ, the two powerful entities have worked together to radically expand the domestic surveillance activities in the U.S. As the government surreptitiously expanded its domestic surveillance under the guise of its “war on terror,” it quickly realized that the advanced technology and access to personal data held by many large corporations presented a valuable source of surveillance information. These companies, in turn, similarly saw an opportunity for revenue in both the sale of the data and large governmental contracts to …


The German Rocket Jet And The Nuclear Programs Of World War Ii, Max Lutze Jun 2016

The German Rocket Jet And The Nuclear Programs Of World War Ii, Max Lutze

Honors Theses

German military technology in World War II was among the best of the major warring powers and in many cases it was the groundwork for postwar innovations that permanently changed global warfare. Three of the most important projects undertaken, which were not only German initiatives and therefore perhaps among the most valuable programs for both the major Axis and Allied nations, include the rocket, jet, and nuclear programs. In Germany, each of these technologies was given different levels of attention and met with varying degrees of success in their development and application. By the end of the war, both rockets …


Police Impunity In Mexico: Creating Openings For Justice In A New Democracy, Emily Boyce Jan 2016

Police Impunity In Mexico: Creating Openings For Justice In A New Democracy, Emily Boyce

Honors Theses

In this project, I investigate why police impunity has persisted in Mexico, and why the application of justice, when it does occur, happens unequally. Mexico has undergone a democratic transition with a specific focus on increasing accountability in the judiciary. These persistent trends of police impunity and unequal application of justice are especially puzzling in the face of these recent shifts. Existing literature argues that the institutional changes that occur as a result of democratization should yield changes that further the individual rights of citizens. A majority of the scholarly work regarding police impunity and justice in Mexico focuses on …


Sex Trafficking: A Cumulative Study, Annie Mcmurray Jan 2016

Sex Trafficking: A Cumulative Study, Annie Mcmurray

Honors Theses

Slavery is considered to be a mark in the United States’ history, a point of the past. Well, slavery never truly ended, it just changed faces. The notion of slavery is “that one person’s life, liberty, and fortune can be under the absolute control of another, and be sold, bought, or used at the will of the owner.”1 This notion can be used to describe the problem of sex trafficking. Conferences such as Passion and North Star, a conference that is hosted by International Justice Mission (IJM), have moved sex trafficking from the dark to the spotlight. Organizations such as …


Libérte, Egalité, And Fraternité: France, Rwanda, And The Road To Genocide, Rachel Refkin Jun 2015

Libérte, Egalité, And Fraternité: France, Rwanda, And The Road To Genocide, Rachel Refkin

Honors Theses

The following senior thesis examines France’s political, economic, and military relationship with Rwanda from 1962-present. It analyzes the questionable success of the French humanitarian intervention, dubbed Operation Turquoise, during the Rwandan genocide. Moreover, it explores how the neocolonial relationship between the two countries, and the so-called Françafrique system, while demonstrating the ways in which this relationship juxtaposed certain French notions of libérte, égalité, and fraternité. This paper explains how, before Belgian colonialism, the Hutu-Tutsi division was characterized by considerable ethnic fluidity but also social class differences. Yet, due to the fact that the Tutsi enjoyed a position of privilege during …


The Art Looting Investigation Unit: Finding Their Place In World War Two History, Marykate Farber Jun 2015

The Art Looting Investigation Unit: Finding Their Place In World War Two History, Marykate Farber

Honors Theses

This thesis examines the work done by the Art Looting Investigation Unit (ALIU) during World War Two. The ALIU was created as a subdivision of the Office of Strategic Services (OSS), an American intelligence unit created during the war that was the predecessor of the Central Intelligence Agency. The ALIU men sought to collect and build on information regarding the Nazi “art looting machine”. As such, they bore a strong resemblance to the activities of the Museum and Fine Arts and Archives (MFAA) commission (known as the “Monuments Men”). Thanks to a recent movie starring Matt Damon and George Clooney, …


Henry Viii And The Irish Political Nation: An Assessment Of Tudor Imperial Kingship In 16th Century Ireland, Emily Schwartz Jun 2015

Henry Viii And The Irish Political Nation: An Assessment Of Tudor Imperial Kingship In 16th Century Ireland, Emily Schwartz

Honors Theses

Ireland in the 16th century was by far the most self-governed domain under the authority of King Henry VIII. Within Ireland there were two distinct groups of people, the Gaelic Irish and the Anglo-Irish, whose cultural differences divided the island into two distinct political nations. The majority of Ireland was dominated by Gaelic Irish lordships. Gaelic Irish lords recognized the English king as their overlord, but followed Gaelic customs and laws within their lordships. The small sphere of English influence in Ireland was reduced even more by the political hegemony of the Anglo-Irish magnates. The most powerful magnate, the 9th …


Rape In World War Ii Memory, Sonia Tiemann Jun 2014

Rape In World War Ii Memory, Sonia Tiemann

Honors Theses

This thesis examines why mass wartime rape occurred during World War II, as well as examining the reasons for the denial or elimination of rape from public memory. For purposes of analysis, the thesis has been broken down into four cases: rape by Japanese soldiers ⎯ the “comfort women,” rape by German soldiers, rape by the Russian Red Army, and rape by American soldiers in France. The study looks at different reasons that could help explain why soldiers rape during wartime and what provokes them to rape. Rape was quite prevalent during World War II, yet it is rarely acknowledged …


In Reckless Pursuit: Barry Goldwater A Team Of Amateurs And The Rise Of Conservatism, Nicholas D'Angelo Jun 2014

In Reckless Pursuit: Barry Goldwater A Team Of Amateurs And The Rise Of Conservatism, Nicholas D'Angelo

Honors Theses

Before 1964, Barry Goldwater had never lost an election. In fact, despite being the underdog in both of his U.S. Senate elections in Arizona, in 1952 and 1958, he defied the odds and won. His keen ability for organization, fundraising and strategy was so widely respected that his Republican colleagues appointed the freshman senator to chair their campaign committee in 1955, with conservatives and liberals alike requesting his aid during contentious elections. Goldwater himself adamantly believed that in politics, “organization is the whole secret.” For all of these reasons, 1964 seems to be an outlier in the senator’s expansive career. …


The Life And Legacy Of Judge Richard S. Arnold, John Jacob Lively Jan 2012

The Life And Legacy Of Judge Richard S. Arnold, John Jacob Lively

Honors Theses

The world of politics entails a large variety of men and women from diverse backgrounds. Politicians range from mayors of local cities and state representatives to Congressmen and presidents. One other group that I consider to be included under the realm of politicians are those that serve in the judicial branch of the United State government. While Judges may not be labeled Republican or Democratic, the political backgrounds of appointees are some of the driving forces to decide who serves on the bench. Studying the judiciary leads to coming across some historical figures that shaped history through the opinions that …


The Darker Side Of Americas Wonderland A Study Of The First Four Decades Of Yellowstone National Park, Elizabeth M. Sargent Jun 2011

The Darker Side Of Americas Wonderland A Study Of The First Four Decades Of Yellowstone National Park, Elizabeth M. Sargent

Honors Theses

Those who first stumbled across the steaming, bubbling land of Northwestern Wyoming in 1860s and early 1870s described it as “Hell on Earth.” Over the course of a few decades, the land underwent a vast transformation, which replaced “Hell” with “Wonderland” in visitors’ minds. The year 1872 represents a turning point in environmental legislation and marks the conception of Yellowstone, America’s first national park. While creating a national park preserved, for the first time, the country’s natural wonders, the 1872 act included no direction for management, no allocation of funds for upkeep, and no system set in place to manage …


Lyndon Johnson: A Psychological Character Study, Stephanie L. Vacchio Jun 2011

Lyndon Johnson: A Psychological Character Study, Stephanie L. Vacchio

Honors Theses

This thesis centers on Lyndon Johnson and his character traits and how they are translated into his leadership abilities. The ways in which he handled issues as president, his personal relationships with others, and his own personality traits all define who Johnson was as a man. These aspects combined can be viewed as “character”, or the result of the environment someone has been exposed to for a prolonged period of time. In the case of Johnson, it is his childhood that has played the largest role in shaping his character and in turn his personality. My thesis explores the psychological …


A Tale Of Two Governors: The 1996 Gubernatorial Succession Crisis, Melissa Miller Jan 2004

A Tale Of Two Governors: The 1996 Gubernatorial Succession Crisis, Melissa Miller

Honors Theses

The state of Arkansas is no stranger to succession crises. As early as the Reconstruction era, struggles for power emerged, and controversies surrounding the appropriate use of power among acting governors have kept the issue unsettled. One such instance, the Arkansas gubernatorial succession crisis of 1996 became yet another episode in this saga. While never fully examined, the succession crisis did influence modern politics in the state. There are two sides to every story: "Well, I wanted to let you know I've decided not to resign," Jim Guy Tucker said to Mike Huckabee only five minutes before the inauguration of …


The Paradox Of Presidential Popularity, With An Emphasis On Rhetoric, Amanda Wiley Jan 2003

The Paradox Of Presidential Popularity, With An Emphasis On Rhetoric, Amanda Wiley

Honors Theses

This study considers how President Bill Clinton maintained consistently high levels of public support in the face of the incessant scandals that plagued his presidency. It is my assessment that it is the nature of the presidency, Clinton's political skill, the economic environment during his terms, Clinton's rhetoric, and his personality that made his survival possible. I will place special emphasis on the areas of Clinton's personality and rhetoric as the key components for this explanation, both because I feel these characteristics are most relevant to my study and the most unexplored.


The Legitimacy Of The Modern Militia, Jonathan Huber Jan 2001

The Legitimacy Of The Modern Militia, Jonathan Huber

Honors Theses

On May 16, 2001, barring any last minute court appeals, Timothy c Veigh will be executed for his role in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. He along with thousands of other Americans who have joined private armies, known as militia, to fight the American government share a common belief that the American government is corrupt at its core and actions such as this one are at the very least patriotic. To most Americans, however, acts such as the bombing of the Oklahoma City Federal Building are not only terroristic, but demonstrate the need …


Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh Jan 1993

Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh

Honors Theses

The challenge is to navigate the untrodden area of reapportionment, in particular majority-minority districts. The Supreme Court has ruled in various reapportionment cases, yet these cases continue to plague the dockets of the United States Supreme Court. The focus of research is to evaluate the new phenomenon of majority-minority districts as it has progressed through constitutional amendments, civil and voting rights acts, and Supreme Court cases, all of which culminate in the 1992 elections. The 1990 Census and reapportionment were the birth of majority-minority districts. In creating these districts, one must look at the most effective percentage breakdowns in each …


The Governorship Of Bob Riley, Brian Stanford Miller Jan 1993

The Governorship Of Bob Riley, Brian Stanford Miller

Honors Theses

Without a backward glance Bob Riley, his wife, Claudia, and their daughter, Megan negotiated the Capitol stairway to the bottom floor, while above them in the House chamber legislators waited for the arrival of the 39th governor of Arkansas. At the bottom of the steps Vaughn Webb, an aide in the Secretary of State's office, presented Riley with an Arkansas state flag that had flown that morning of January 14, 1975, while several admirers applauded from the second floor railing above. Riley then left for Arkadelphia, where he would resume his role as head of the Political Science department at …


The Evolution Of The Statute Of Uses And Its Effects On English Law, Timothy L. Martin Jan 1981

The Evolution Of The Statute Of Uses And Its Effects On English Law, Timothy L. Martin

Honors Theses

The separation of the lay and ecclesiastical courts complicated the law of succession as they drew a distinction between real and personal property. Laws pertaining to land were molded by royal courts of common law and equity, whereas laws relevant to succession of chattels were based on Roman and canonical law as interpreted by the ecclesiastical courts.