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Full-Text Articles in Law
Public Matters? Comparing Decision-Making By Appointed And Elected Prosecutors In Cases Of Deadly Use-Of-Force By Police In The Hartford Judicial District And Suffolk County, Andrew E. Dubsky
Honors Scholar Theses
This thesis dissects prosecutor discretion for appointed and elected prosecutors after a “catalyst” event shifts public opinion. Previous studies have shown that elected prosecutors are more likely to use discretion favoring the opinion of the public than their appointed counterparts (Bandyopadhyay 2014, Nelson 2014, and Valenti 2011). Because elected prosecutors are more likely to follow public opinion, they should also be more likely to respond to the demands of the public than their appointed counterparts. In effect, elected prosecutors are expected to be more likely to exercise discretion in their charging and prosecuting. To test this, I use the 2014 …
Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta
Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta
Honors Scholar Theses
Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest …
Liberalism And Republicanism: In Federal Indian Law, Bethany Berger
Liberalism And Republicanism: In Federal Indian Law, Bethany Berger
Faculty Articles and Papers
This essay shows the ways that, despite apparent contradictions, tribal claims fit within the liberal and republican strands of American democratic theory. Critics of tribal sovereignty and, I believe, the modern Supreme Court, are influenced by the seeming conflict between tribal interests and a liberal philosophical framework. I argue that properly understood, most tribal claims do fit within classical liberal theory, with its emphasis on equality and freedom. It is true that some tribal claims are distinctly those of groups or peoples, and so cannot be adequately captured by an individualist liberal framework. Drawing on the later work of John …
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Understanding Disagreement, The Root Issue Of Jurisprudence: Applying Wittgenstein To Positivism, Critical Theory, And Judging, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
What Is Legal Therapy And What Is It Doing In The Curriculum - A View From Contracts, Robert Birmingham
What Is Legal Therapy And What Is It Doing In The Curriculum - A View From Contracts, Robert Birmingham
Faculty Articles and Papers
No abstract provided.