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Full-Text Articles in Law

The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis May 2023

The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis

Electronic Theses & Dissertations

This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …


Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol Jan 2023

Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol

Honors Projects

With the impacts of climate change becoming more and more apparent every day, finding means of effective action to mitigate its effects become increasingly critical. While localized work can play an important role, federal action is necessary to have the most widespread and effective impact, especially on interconnected issues such as clean energy. Congressional action is the avenue of change at this level, however in an increasingly partisan and divided environment, progress on this front is far short of what is needed.

Looking to the president is logical here, both as a single actor more insulated from partisan fights, but …


Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain Jun 2022

Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain

Dissertations, Theses, and Capstone Projects

How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since …


The Efficacy Of The Independent Counsel Law: Holding Presidents To Account From Nixon To Trump, Joseph Casey Carbone Jan 2022

The Efficacy Of The Independent Counsel Law: Holding Presidents To Account From Nixon To Trump, Joseph Casey Carbone

Senior Projects Spring 2022

Senior Project submitted to The Division of Social Studies of Bard College.


Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi Jan 2021

Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi

Honors Theses and Capstones

In 1832, President Andrew Jackson issued a veto message claiming the same duty as the Supreme Court to interpret the U.S. Constitution. Do modern presidents exercise the principal role in interpreting the U.S. Constitution that President Jackson claimed was their duty, and, if so, in what ways do they choose to articulate their interpretations? The hypothesis is that modern presidents have exercised a principal role in interpreting the U.S. Constitution similar to the interpretative duty expressed by President Jackson, and they perform this duty, in part, through the issuance of veto messages and signing statements. After a content analysis of …


Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri Jan 2020

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 …


The Art Of Sore Losing: The Effect Of Outsider Candidates On The Democratic Nomination System, Cassidy Holzer Jan 2020

The Art Of Sore Losing: The Effect Of Outsider Candidates On The Democratic Nomination System, Cassidy Holzer

Honors Theses

Abstract: The 2016 election posed a series of interesting questions about outsider candidates: Who are they? Why do they run? How do they affect the party? What party mechanisms either foster or hinder outsiders? To answer these questions, I look at every election after 1968-- the year the McGovern-Fraser reforms flipped the Democratic nomination system on its head. I classify every competitive candidate in every post-1968 election as an outsider, an establishment-like, or an establishment candidate, evaluating their political experience and reliance on small-donors. I find that Iowa and New Hampshire serve a pivotal point for all candidates, encouraging a …


America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan Jul 2019

America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan

Senior Theses and Projects

Our Constitution mandates the president of the United States be elected through the electoral college, a mechanism originally engineered to be a compromise between a popular vote by qualified citizens and a vote by Congress. The electoral college existed without controversy up until the 21st century because it consistently produced a winning candidate which mirrored the popular vote, our contemporary perception of a democratic voting method. The legitimacy of the electoral college in the 21st century, however, has been called into question after two of the last five presidents have failed to win the popular vote. Critics of the institution …


Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen May 2019

Bill Clinton, George W. Bush, And Immigration Policy: How 9/11 Transformed The Debate Over Illegal Immigration, Robert Nelsen

War, Diplomacy, and Society (MA) Theses

Since the terrorist attacks of September 11, 2001, Americans have been at war against some form of terrorism both at home and abroad. This includes abuses of federal immigration laws and policies that relate to legal and illegal immigration with Mexico. It is easily substantiated that thousands of Americans have died at the hands of illegal immigrants from Mexico through criminal activity in the United States or through illegal drug trafficking. This thesis considers whether the immigration policies of Presidents Bill Clinton and George W. Bush were at fault for not properly securing the border prior to these attacks. Specifically, …


Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse Jan 2019

Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse

Dissertations and Theses

The African continent has significantly suffered from a great number of civil wars and armed conflicts since the beginning of the independence era in late 1960s. On May 28, 1975, the creation of a regional The African continent has significantly suffered from a great number of civil wars and armed conflicts since organization in West Africa called the Economic Community of West Africa States (ECOWAS) took place. The intent was to achieve "collective self-sufficiency" for its member states by building a full economic and trading union. In the late 1990s, the maintenance of peace and security in the region was …


The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav May 2018

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy principles …


The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer Apr 2018

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson Jun 2016

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …


What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga Jan 2016

What Judges Say And Do In Deciding National Security Cases: The Example Of The State Secrets Privilege, Anthony John Trenga

Duke Law Master of Judicial Studies Theses

From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.


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. …


Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung May 2014

Strengthening The Us Saudi Relationship: Senator Howard Baker Jr. And The Awacs, Ediobong Aniekan Ebiefung

Chancellor’s Honors Program Projects

No abstract provided.


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson May 2014

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

Chancellor’s Honors Program Projects

No abstract provided.


Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal Jan 2013

Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal

CMC Senior Theses

This paper seeks to determine under what conditions a U.S. president can implement a grand strategy given the nature of domestic and international opportunities and constraints. It will examine three comparative case studies: Jimmy Carter, George W. Bush, and Barack Obama, with the goal of determining what conditions are necessary at the individual, domestic, and systemic levels of analysis for grand strategy implementation. At the individual level, it will apply operational code analysis, as well as an examination of personal characteristics for each case study. At the domestic level, it will apply a five-prong test for examining factors that are …


Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan Jan 2013

Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan

CMC Senior Theses

In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …


The Presidential Apology: Lessons From Tricky Dick And Slick Willy, Megan Morris Jan 2012

The Presidential Apology: Lessons From Tricky Dick And Slick Willy, Megan Morris

CMC Senior Theses

The concept of an apologetic president has only recently emerged in the United States. All presidents have made mistakes, but only recently have Americans come to expect apologies from them. The development of an increasingly critical media has necessitated that future presidents hone the art of apologizing. This thesis extrapolates lessons in this skill from the apologies of Presidents Nixon and Clinton. Watergate and Lewinsky-gate were cover-up scandals that rocked the nation in the 1970s and '90s. Although the presidential misconduct in both cases were similar, the way each president opted to navigate his controversy differed dramatically. Both presidents initially …


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 …


Change: An Analysis Of Vote Choice In The 2008 Presidential Election, Maryssa A. Mataras Jun 2011

Change: An Analysis Of Vote Choice In The 2008 Presidential Election, Maryssa A. Mataras

Honors Theses

This thesis investigates the factors that helped Americans come to a vote choice in the 2008 presidential election. After an in-depth analysis and presentation on the existing literature, I then present key moments in both McCain and Obama’s campaigns looking at the context, campaigns, and candidates. I then break down the turnout and vote choice of each major social group and demographic in the United States, juxtaposing it with the group’s historical voting trends and turnout. In 2008 there was a large nationwide Democratic shift. Chapter four seeks to defend whether it was the context of the election or the …


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.