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Full-Text Articles in Law

Partisan Gerrymandering And The Right To Privacy, Ana Deckey Jan 2022

Partisan Gerrymandering And The Right To Privacy, Ana Deckey

CMC Senior Theses

This paper argues that partisan gerrymanderers violate citizens’ right to privacy by using data containing sensitive information on citizens without a compelling state interest. It first details how partisan gerrymandering claims have been argued in Court in the past. Next, it discusses theories of the right to privacy, mainly exploring the tensions between James Madison’s writings on privacy and Warren and Brandeis’ famed The Right to Privacy. Then, I present originalist arguments for upholding the original meaning and principles of the right to privacy and the Fourth and Fourteenth Amendments before walking through case law related to privacy and …


The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson Jan 2022

The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson

CMC Senior Theses

Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …


Redundant Reliance And The Supreme Court's Application Of Stare Decisis, Daniel Kim Jan 2022

Redundant Reliance And The Supreme Court's Application Of Stare Decisis, Daniel Kim

CMC Senior Theses

When the Supreme Court invokes the doctrine of stare decisis in their opinions, they are appealing to the fundamental principle that precedents have authority by virtue of being a precedent. However, they also recognize other concerns that come with the decision to defer to precedents or to overturn them. In pursuit of maintaining the rule of law, the Court uses various legal tests to guide them through sometimes competing concerns of precedential authority, including what is called reliance interests: the consideration of whether the precedent has engendered a reliance to the said precedent, to the extent that overturning it would …


Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle Jan 2022

Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle

CMC Senior Theses

This thesis tracks the development of the Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act, or FOSTA/SESTA, which became federal law in 2018. The law's passage followed as a natural consequence of popular concerns about human trafficking. Congress passed the legislation by large margins in both houses given bipartisan opposition to sex trafficking. This thesis identifies plausible reasons for the only two Senate votes against the bill: those of Senators Rand Paul and Ron Wyden. Though these senators came from opposite sides of the aisle, they shared concerns about the future of free speech online and the potential failure …


Does Seclusion Alter Amygdala Activity And Amygdala-Medial Prefrontal Cortex Connectivity Leading To Emotional Dysregulation In Children? A Case For Ending Seclusion And Restraint In Public Schools, Crystal Anyanwu Jan 2022

Does Seclusion Alter Amygdala Activity And Amygdala-Medial Prefrontal Cortex Connectivity Leading To Emotional Dysregulation In Children? A Case For Ending Seclusion And Restraint In Public Schools, Crystal Anyanwu

CMC Senior Theses

The use of seclusion as a disciplinary practice in schools has been cited as an effective way to mitigate a child’s behavior if they pose a threat of imminent danger to others or themselves and an effective means of helping a child regulate their emotions. However, research has shown that this practice has resulted in psychological harm (e.g. traumatic stress responses), physical injuries, and death to both staff applying these techniques and the children experiencing them. The effects of seclusion on the neurodevelopment of children remain widely unknown. Traumatic stress has been shown to increase the volume of the amygdala …