Law Commons^™

The Limits Of Accessibility Under The Affordable Care Act, Nimrah H. Imam

Scripps Senior Theses

The Patient Protection and Affordable Care Act (ACA) aimed to increase accessibility to medical resources for those previously uninsured. Certainly, the ACA has expanded insurance to millions of Americans, however, the evidence and discourse surrounding health accessibility calls into question why, despite the growth of insured Americans, the increase in health insurance coverage under the ACA has not lead to greater accessibility for low income minorities. I propose that disparities in preventive care, the emergency room, and primary care provider services stand as barriers for low income minorities. Insurance coverage does not necessarily equate to greater accessibility if individuals do …

Lived Legal Expertise: Mobilizing The Political Agency Of Incarcerated Youth, Ian S. Schiffer

Pomona Senior Theses

This thesis analyzes how caring relationships and an emancipatory approach to law related education (LRE) within juvenile justice facilities can cultivate political agency. I focused specifically on Camp Afflerbaugh-Paige, an LA County juvenile probation facility, in La Verne, CA, as a case study. During three months of teaching a law related education class and embedding myself at the facility with an asset-based framework, I encountered a wealth of knowledge that incarcerated juveniles possess, not from formal education or research, but based in their own lived experiences. Los Angeles County Probation spends $233,000 per student per year; assuming best intentions of …

Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner

Scripps Senior Theses

The following thesis will merge the field of legal studies with the field

of Science, Technology, and Society, and will focus on issues surrounding the

gun control debate. The goal is to ultimately bring new light to this hot-

button legal topic through the use of STS scholarship. STS tools and theories,

which have previously been absent from most gun control discussions, have

much to contribute to the discourse in terms of motivating the need for gun

control, fully understanding the user-gun relationship, breaking down

misconceptions about the technology and its role in society, and further

understanding the complex societal …

Is Love A Battlefield? The New Politics Of Marriage Equality In The Aging War On Terror, Jackie Givelber

Scripps Senior Theses

When Donald Trump took the stage as the Republican presidential nominee at the Republican National Convention in July 2016, he made a historical appeal to LGBTQ Americans: to the boisterous applause of a Republican audience, he promised "to protect LGBTQ citizens from the violence and oppression of a hateful foreign ideology." Utilizing this historical moment as an indicator of shifting political views around LGBTQ rights in the Republican Party and the US nation-state as a whole, this paper links contemporary iterations of the War on Terror to the legalization of same-sex marriage in June 2015. Connecting same-sex marriage to the …

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

The Resounding Impact Of Napster, Inc. An Analysis Of A & M Records, Inc. V. Napster, Inc., Isabella Kelly

CMC Senior Theses

When Napster was first launched on the Internet in August of 1999 by young programmer, Shawn Fanning, the intension was that the platform would easily link Internet users with the free MP3 downloads they sought out on the web. By the time an injunction against the platform was granted and upheld by a state then federal court, Napster had made a far bigger impact than simply linking music listeners with free downloads.

The proceedings of A & M Records, Inc. v. Napster, Inc. through the District Court Northern District of California then the United States Court of Appeals for the …

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 …

The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson

CMC Senior Theses

This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements. …

Assigning Liability In An Autonomous World, Agni Sharma

CMC Senior Theses

Liability laws currently in use rely on a fault-based system that focuses on a causal connection between driver actions and the resulting road accident. The role of the driver is set to reduce with the emergence of autonomous vehicles, so how will liability adapt to meet the needs of an autonomous world? The paper discusses possible frameworks of liability that could be implemented in the future, and accentuates the importance of the causal aspects of the current framework in the new system.

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 …