Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (3)
- Arts and Humanities (2)
- History (2)
- Jurisprudence (2)
- Law and Politics (2)
-
- Political Science (2)
- African History (1)
- African Studies (1)
- Africana Studies (1)
- American Politics (1)
- Courts (1)
- Domestic and Intimate Partner Violence (1)
- European History (1)
- European Law (1)
- Feminist, Gender, and Sexuality Studies (1)
- Gender and Sexuality (1)
- History of Gender (1)
- Holocaust and Genocide Studies (1)
- Human Rights Law (1)
- International Law (1)
- International and Area Studies (1)
- Judges (1)
- Law and Gender (1)
- Legal History (1)
- Legal Studies (1)
- Legal Theory (1)
- Other International and Area Studies (1)
- Politics and Social Change (1)
- Public Affairs, Public Policy and Public Administration (1)
- Keyword
-
- Britain (1)
- Constitutional analysis (1)
- Constitutional analysis methods (1)
- Due process (1)
- Formalism (1)
-
- Gender roles (1)
- Gender studies (1)
- Gender-based violence (1)
- Genocide (1)
- Genocide Convention (1)
- Holmesian (1)
- Housing policies (1)
- Human rights (1)
- Institutional racism (1)
- Instrumentalism (1)
- International intervention (1)
- International studies (1)
- Interpretive methods (1)
- Judicial Independence (1)
- Jurisprudence (1)
- Natural law (1)
- New deal (1)
- Political Science (1)
- Politics and the Supreme Court (1)
- Public policy (1)
- Rohingya (1)
- Rwandan Genocide (1)
- Sociology (1)
- South africa (1)
- State sovereignty (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr
Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr
Capstone Showcase
My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the …
Never Again? The United Nations And Genocide: A Doomed Mission?, Maria Terrinoni
Never Again? The United Nations And Genocide: A Doomed Mission?, Maria Terrinoni
Capstone Showcase
Despite their commitment to international peace and security and to the concept of “never again,” the United Nations has failed to end the many genocides of the late 20th century. In this thesis, I use the genocides in Rwanda (1994) and in the Yugoslav Wars (1991-1999) as case studies to understand the UN’s response to genocide and to attempt to understand why the UN cannot effectively respond to and end genocide. I discover that issues such as the limitations of the Genocide Convention, the importance of state sovereignty, and overall institutional failures of the United Nation make any attempt to …
A Culture Of Institutional Racism: Housing Policies During The New Deal, Breyonna J. Bowen
A Culture Of Institutional Racism: Housing Policies During The New Deal, Breyonna J. Bowen
Capstone Showcase
There currently exists a distressed relationship between African Americans and housing due to previously enacted policies. In looking at this issue, I aim to use the theory of institutional racism to explain how past housing policies that enforce and perpetuate discrimination have impacted this current relationship. Through the method of policy analysis, I attempt to pinpoint where past housing policies have failed to provide housing to many African Americans. I find that there are several policies that were enacted during 1930s and 40s, specifically the New Deal Era, that inflicted discriminatory housing policies on African Americans. The findings indicate that …
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle
Capstone Showcase
The Supreme Court, a nine seat bench of unelected and lifetime tenured Justices, determines the constitutionality of dozens of cases each year. In this thesis, I research to what extent the political affiliation of the Justices affect the judicial decision making process and, ultimately, outcomes. Using pattern matching, I evaluate due process opinions from Justice Breyer, Justice O’Connor, and Justice Scalia, all of whom have established constitutional analysis methods, in order to determine if they reasonably adhere to their established method. Due to the highly political nature of due process cases, variance between the expected (adherence to the Justices’ established …
#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel
#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel
Capstone Showcase
Alarmingly, the female murder rate in South Africa is five times the global average (BBC News 2019). According to data from 2017 and 2018, a woman is murdered every four hours in South Africa (Wilkinson 2019). More than 30 women were killed by their spouses in August 2019, and at least 137 sexual offenses are committed per day in South Africa (Francke 2019).
For this thesis, and in order to understand why South Africa has some of the highest rates of violence against women in the world, I consult a number of scholars who conclude that the overall issue of …