Law Commons^™

The State Of Our Republic: State Constitutions’ Role In Creating A More Perfect Union, Caroline Bullock

CMC Senior Theses

This thesis situates state constitutionalism in the modern context of federal constitutional paralysis. By tracing patterns of state constitutional development, we find that states were always the fundamental setting of democracy, and there has always been critical action happening at state legislatures, in state courts, and through state constitutional change. State constitutions provide an active means to achieve progress and protect rights not federally enshrined (and thus, endangered by the political process). The use of state constitutions to prescribe ways of life, protect individual and specialized rights, and to limit local governments has always occurred, but with the current federal …

From The Barrel To The Border: Exploring The Roots And Ramifications Of Gun Trafficking From The United States To Mexico, Alexandra Punishill

CMC Senior Theses

Nowhere is the discussion surrounding gun violence more prominent than in the United States, with the impacts of our gun-friendly culture being felt around the world. This thesis analyzes the dynamics of gun trafficking from the United States to Mexico and sheds light on its role in fueling the epidemic of gun violence south of the border. It is argued that the particular system of federalism adopted by the United States has led to a variety of state-level gun regulations that have shaped domestic gun policy and have had an international impact. Despite Mexico’s persistent efforts to combat the gun …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

China’S Strategic Calculus: A Comparative Analysis Of China’S Approaches Towards The Philippines And Vietnam In The South China Sea Dispute, Letian Wang

CMC Senior Theses

The South China Sea (SCS) dispute is a longstanding territorial conflict involving several surrounding states. In this paper, I analyze the differences in China’s policies towards the Philippines and Vietnam as China exerts its expansion into the SCS using relevant International Relations theories. The Philippines’ democratic values, alliance with the U.S., small-scale volume of trade with China, and active strategies against China all contradict China’s interests to be the regional hegemonic power. In contrast, Vietnam’s socialist regime, alliance with China, substantial trade with China, and passive strategies do not contradict China’s interests as much and even comply with them. Hence, …

Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher

CMC Senior Theses

Indigenous communities in Panamá face the same challenge that many Indigenous communities experience around the globe: a lack of recognition of their land rights. Over the last several decades, the Panamanian government has developed policies and ratified international agreements that recognize Indigenous rights. The comarcas that institutionalize these rights have had some success. However, despite a seemingly progressive framework for recognition, Indigenous communities across the country continuously have their rights violated by conservation projects and resource extraction efforts in the name of economic development. The Panamanian government crafts recognition policies using loopholes, exceptions, and ambiguous language that allow for them …

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 …

Is Wide-Area Persistent Surveillance By State And Local Governments Constitutional?, Joseph Lake

CGU Theses & Dissertations

This dissertation addresses the following question: “Can wide-area persistent surveillance (WAPS) developed by the United States military and employed abroad as a tool in the Global War on Terror be employed domestically as a law enforcement tool without violating the US Constitution’s Fourth Amendment?” The most likely and controversial application of WAPS by state and local governments is for law enforcement. Aircraft will loiter over a city persistently taking high-definition photographs to capture locations of unidentified persons with the intent to identify persons and areas of interest for criminal investigations. Based on the Flyover Cases, aerial surveillance has few constitutional …

The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker

Scripps Senior Theses

American policymakers utilize valence framing, purposeful descriptions of outcomes as positive or negative, to influence the opinions of voters while maintaining the moral superiority felt by many citizens in the liberal Western hegemon. This study intended to combine the political theories of Constructivism and Realism to form Constructive Realism, a theory that emphasizes the significance of state power and norms as joint influences on constituents. Constructive realism was then applied to four case studies – the UN Security Council, International Criminal Court, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women. This study …

Prosecuting Rape As Genocide: An Analysis Of The Legal Framework And Challenges In International Law, Anya Syed

CMC Senior Theses

Rape can be used to annihilate, control, and humiliate populations. Mass rape can have genocidal intent. Yet, thus far, the legal definition of genocide has failed to codify rape. These severe limitations in the definition of genocide create legal impunity and impede the rehabilitation of rape survivors. This failure also results in legal challenges, including the lack of basis to distinguish between rape during war and genocide. This paper seeks to provide readers with sufficient background to understand the legal challenges currently preventing the prosecution of rape as genocide. After presenting this information, the paper details past courts that have …

Failing History: How Multinational Institutions Cannot Prevent Cultural Racketeering, Molly Luce

CMC Senior Theses

Cultural racketeering, the looting and trafficking of cultural heritage sites to fund conflict, violence, or terrorism, has become a prevalent issue across the globe in recent years. This paper identifies the main actors, the sellers and buyers, of the looted antiquities and outlines several cases. Sellers, such as ISIS or Al-Qaeda, pillage and traffic sites of cultural, religious, or historic importance as a funding source for their illicit activities. Buyers, which include museums and elite private collectors, purchase these antiquities and inadvertently fund terrorism. The international community has condemned these actors and implemented policies in response. The conventions that multinational …

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 …

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 …

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 …

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.

Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar

Scripps Senior Theses

Tracing Biometric Assemblages in India’s Surveillance State seeks to understand the historical conditions that rendered the nation-state of India as having the world’s largest biometric surveillance system: Aadhaar. Surveillance practices used by the British Raj mirrors the current social order of the ruling Bharatiya Janata Party (BJP), as they use surveillance to similar ends in today’s political economy, through the intersecting forces of neoliberalism and ethnonationalism. This thesis is an exploration into how India’s current surveillance regimes cultivate biometric surveillant assemblages through Aadhaar. Contrary to claims that Aadhaar was created to empower the poor, I argue that these surveillance regimes …

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 Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi

CMC Senior Theses

The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …

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 …

@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards

CMC Senior Theses

From threats, to hate speech, to potential criminal statements, Donald Trump has made use of Twitter like no president or world leader before him. His presidency and communication strategy have been defined by his “tweetstorms” and a consequent slew of legal issues. The prolific rate of his tweeting has made large-scale analyses difficult as they quickly become dated.

Nevertheless, this thesis has aimed for a more holistic analysis by uniquely linking trends in his tweeting to its perceived social consequences, situating this work in a long line of analyses of presidential rhetoric and media strategies. Moreover, it assesses Trump’s use …

“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. …

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 …

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 …

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept …

(Un)Safe Zones: Good Intentions, Bad Logic, Emma Henson

CMC Senior Theses

This thesis aims to explore the disconnect between calls for safe zones as a tool of humanitarian intervention, and the dark history of safe zone failure. This thesis begins with a brief discussion of current calls for safe zones in Syria, and how a proper theoretical framework and historical understanding are needed to discuss whether or not safe zones can be successfully implemented in Syria. The following literature review discusses not only prominent academic arguments and the history of humanitarian intervention, but it suggests a framework for deconstructing case studies. This framework looks first at the interests of an intervening …

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 …

Qué Tan Lejos Hemos Ido Y Qué Tan Lejos Nos Queda: Los Niños Trabajadores Y La Erradicación Del Trabajo Infantil En Ecuador, Alicia Serna Frausto

CMC Senior Theses

Al investigar este problema en el caso específico de Ecuador podemos ver algunos patrones que otros investigadores y políticos podrían aplicar en otros contextos de abusos laborales y trabajo infantil. En un mundo más consciente de los derechos humanos, es necesario impedir el trabajo infantil donde se pueda o por lo menos asegurar que los niños que trabajan lo hagan en la forma más sana y segura. En esta investigación se analizan las leyes y regulaciones de las últimas dos décadas, la implementación, y los efectos en las vidas de los niños trabajadores. La implementación de las leyes y regulaciones …

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 …