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Articles 1 - 7 of 7
Full-Text Articles in Law
Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory
Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory
Scripps Senior Theses
The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its …
Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers
Sentencing Length Disparities: Assessing Why Race And Gender Influence Judges’ Decisions, Janna Akers
Scripps Senior Theses
The purpose of this study is to assess why the race and gender of defendants influence judges’ decisions using the focal concern theory. This study will require around 84 participants. Participants will be federal judges who will be recruited via email. In an online survey, participants will be randomly assigned to one of four conditions . Participants will all read a vignette which an individual was convicted for in trafficking of Xanax. The vignette will be manipulated by the name and accompanying a mugshot based on the race (Black/White) and gender (male/female) of the defendant. The expected result is that …
Ending Sexualized Violence: International Jurisprudence, Nicole Greenberg
Ending Sexualized Violence: International Jurisprudence, Nicole Greenberg
Scripps Senior Theses
Sexualized violence continues to threaten the autonomy of individuals and violate human rights. Scholars debate the effectiveness of international treaties in addressing this problem. The Convention on Elimination and Discrimination Against Women (CEDAW) of 1979 requires ratifying countries to uplift equality and denounce discrimination of women nationally, in public and private spheres. Examining Bosnia and Herzegovina as a case study shows the effectiveness CEDAW has in creating political and social change. In addition, the Bosnian War illustrates the threat sexualized violence has on individual autonomy. Findings show that CEDAW and grassroots feminist activism are successful together in advocating for social …
"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler
"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler
Scripps Senior Theses
In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy …
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
Scripps Senior Theses
Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.
An Analysis And Critique Of Mental Health Treatment In American State Prisons And Proposal For Improved Care, Shelby Hayne
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 …
Reimagining Potential Life: A Socialized Right To Reproductive Freedom, Daniella Henry
Reimagining Potential Life: A Socialized Right To Reproductive Freedom, Daniella Henry
Scripps Senior Theses
A more conservative supreme court will likely have the chance to overrule Roe v. Wade. Many states have passed heartbeat laws that will probably be taken all the way to the supreme court, these cases will ask the supreme court to affirm fetal personhood, giving fetuses a constitutionally recognized right to due process and making abortion illegal. In this thesis, I will defend an expansion of protections for pregnant peoples through a socialized right to abortion.