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Articles 1 - 21 of 21
Full-Text Articles in Law
Rights, Water, And Guardians: How Rights Of Nature Movements Are Reshaping Our Current Environmental Ethics And What These Policies Need To Be Successful, Megan Schmiesing
Rights, Water, And Guardians: How Rights Of Nature Movements Are Reshaping Our Current Environmental Ethics And What These Policies Need To Be Successful, Megan Schmiesing
Pitzer Senior Theses
Giving legal rights to nature is no longer a fringe idea in international environmental law. Rights of Nature movements have gained traction in countries around the world, including Ecuador, Australia, India, Aotearoa New Zealand, and the United States. The act of organizing to recognize legal rights and legal personhood for nature represents a philosophical, moral, and political shift from previous anthropocentric values. Through two case studies in Aotearoa New Zealand and the United States, this thesis examines the policy language and the context and history that led to their creation. The Te Awa Tupua (Whanganui River Claims Settlement) Act and …
The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira
The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira
CMC Senior Theses
In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been …
Surfacing Contexts Of Violence In Novel Forms Of The Reproductive Justice Framework Through Lessons From Latin America: A Study Of Brutality, Migration And Bodily Autonomy And Progressive Solutions For Use In Public Health, Angelica M. Campos
CMC Senior Theses
In the last 5 years, Latin America has witnessed a tenacious wave of pañuelo verde and #NiUnaMenos activism. Sparked by increasing mortality rates associated with unsafe, clandestine abortions and femicide, the praxes and fundamental elements of these social movements have proven themselves useful not only in garnering international attention on issues relating to bodily autonomy, but in the synthesis of their respective sociopolitical solutions as well. In the United States, similar efforts have been spearheaded by the lauded reproductive justice framework, which has often been credited for centering the plight of women of color in both reproduction and social justice. …
Habeas Corpus And The Politics Of History, Isaac Cui
Habeas Corpus And The Politics Of History, Isaac Cui
Pomona Senior Theses
Vijayakumar Thuraissigiam, a Tamil citizen of Sri Lanka, was apprehended after unlawfully entering the United States. Placed in expedited removal proceedings, which allows for streamlined deportation, Thuraissigiam sought asylum. However, he was found to lack the requisite credible fear of persecution based on a protected status. He petitioned for a writ of habeas corpus to review the legality of that determination. But because the expedited removal process limits federal habeas jurisdiction, his petition was dismissed. He claims that limitation violates the U.S. Constitution’s Suspension Clause, which provides: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless …
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Challenging Moral And Policy Rationales For Charging Youth As Adults, Molly Lockwood
Pitzer Senior Theses
Does the practice of charging juveniles as adults serve the retributive and consequentialist goals of criminal justice policy? Proponents of limiting juvenile court jurisdiction argue that the rehabilitation-oriented remedies available therein are neither sufficient to hold adolescents accountable for wrongdoing, nor strong enough to deter future youth crime. The first chapter of this thesis examines the forward and backward looking premises underlying juvenile transfer to adult criminal court. I find that transfer policies are inconsistent with dominant theories of responsibility and punishment as applied to juveniles. I argue in Chapter One that transfer produces undesirable outcomes with respect to the …
“I Do Not Feel I Am A Piece Of Property To Be Bought And Sold Irrespective Of My Wishes:” Athlete Activism And The Sociocultural Impact Of Curt Flood’S Lawsuit Against Major League Baseball, Luka Green
Pomona Senior Theses
In January 1970, St. Louis Cardinals outfielder Curt Flood filed a suit against MLB Commissioner Bowie Kuhn, protesting the Reserve Clause in Major League Baseball that did not allow players the right to negotiate contract terms with any team but their current one. In doing so, he cemented his status as a divisive figure in baseball, the media, and with the general public. One of the primary reasons for such an extreme reaction was Flood’s rhetoric surrounding the case, as he repeatedly invoked slavery and other forms of peonage when describing the working conditions of professional baseball players. This sparked …
No Pain, No Gain: Australia, Uk, And Us Stock Market Responses To The 2020 Stimulus Efforts, Jett Zeimantz
No Pain, No Gain: Australia, Uk, And Us Stock Market Responses To The 2020 Stimulus Efforts, Jett Zeimantz
CMC Senior Theses
The stock market shocks of 2020 caused by the COVID-19 crisis have been met by monetary policy announcements rapidly issued by the central banks of developed economies, signaling a concerted effort to keep markets afloat. Utilizing an ordinary least squares regression, this paper tests whether the monetary policy announcements of the central banks of the United States, Australia, and the United Kingdom served their intended purpose in soothing market reactions via high-frequency event data. For the overall stock market, I find that the Federal Reserve’s announcements boosted market returns of the S&P 500 Index by 4.2%, the All Ordinaries Index …
“It’S The Procedure, Stupid!”: Amendment Procedures And Their Effects On Constitutional Stability, Joseph Noss
“It’S The Procedure, Stupid!”: Amendment Procedures And Their Effects On Constitutional Stability, Joseph Noss
CMC Senior Theses
Constitutions must change. No human can stop time from marching forward, nor the social, economic, cultural, and technological developments associated. As a result, constitutions necessitate mechanisms that allow for their own progress. The amendment procedure of a constitution—the rules that govern what changes can occur—is therefore fundamental to any constitutional system. Importantly, scholars, politicians, and citizens alike fail to take into account the significance of these amendment processes and their effects on the constitutions they govern. While usually treated as a constitutional after-thought, amendment procedures have one of the most pronounced, substantive effects on the permanence of a constitutional order. …
Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri
Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri
Scripps Senior Theses
Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.
The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur
The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur
Pitzer Senior Theses
In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.
In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …
Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar
Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar
Scripps Senior Theses
Tracing Biometric Assemblages in India’s Surveillance State seeks to understand the historical conditions that rendered the nation-state of India as having the world’s largest biometric surveillance system: Aadhaar. Surveillance practices used by the British Raj mirrors the current social order of the ruling Bharatiya Janata Party (BJP), as they use surveillance to similar ends in today’s political economy, through the intersecting forces of neoliberalism and ethnonationalism. This thesis is an exploration into how India’s current surveillance regimes cultivate biometric surveillant assemblages through Aadhaar. Contrary to claims that Aadhaar was created to empower the poor, I argue that these surveillance regimes …
Stationary Distribution Of Recombination On 4x4 Grid Graph As It Relates To Gerrymandering, Camryn Hollarsmith
Stationary Distribution Of Recombination On 4x4 Grid Graph As It Relates To Gerrymandering, Camryn Hollarsmith
Scripps Senior Theses
A gerrymandered political districting plan is used to benefit a group seeking to elect more of their own officials into office. This practice happens at the city, county and state level. A gerrymandered plan can be strategically designed based on partisanship, race, and other factors. Gerrymandering poses a contradiction to the idea of “one person, one vote” ruled by the United States Supreme Court case Reynolds v. Sims (1964) because it values one demographic’s votes more than another’s, thus creating an unfair advantage and compromising American democracy. To prevent the practice of gerrymandering, we must know how to detect a …
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
Scripps Senior Theses
This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner
Scripps Senior Theses
The Victims' Rights Movement emerged in the 1970s and 1980s, at the same time as the War on Drugs and War on Crime were driving mass incarceration at unprecedented levels. This paper examines the historical roots of the victims' rights movement and its evolution from grassroots organizing into a tool of state power. It interrogates the meaning of "worthy" victims, and looks into the landmark Supreme Court case Payne v. Tennessee as an example of victim impact evidence being used to support the state project of the death penalty.
The Weaponization Of Poverty: An Investigation Into United States Military Recruitment Practices In High Schools Of Low-Income Communities In The Inland Empire, Michael Springer-Gould
The Weaponization Of Poverty: An Investigation Into United States Military Recruitment Practices In High Schools Of Low-Income Communities In The Inland Empire, Michael Springer-Gould
Pitzer Senior Theses
Military recruitment in the United States is a highly contentious subject that has yielded a multitude of prior research across a variety of academic concentrations. To further the conversation, I narrow my focus to Southern California’s Inland Empire (IE) to explore practices of military recruitment in high schools that serve students in low-income communities. I begin with a general overview of life and labor in the Inland Empire before moving into prior research on military recruitment. My empirical research consists of five in-depth interviews documenting the lived experiences of individuals hailing from and attending high school in low-income communities of …
The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi
The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi
CMC Senior Theses
The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …
Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri
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 …
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
CMC Senior Theses
In this thesis, I analyze the reasons that Supreme Court overturns precedent, and how, if at all, does the doctrine of stare decisis impact those decisions. The Supreme Court’s decisions are often politicized and viewed as a result of the Supreme Court Justices’ ideological views. Simply, they abide by precedents they agree with and abandon ones they do not. While the impact of ideology on Supreme Court decisions is unclear, I find that the doctrine of stare decisis plays an important role in their jurisprudence. In fact, the doctrine of stare decisis has increasingly dominated cases that reverse a prior …
@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards
@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards
CMC Senior Theses
From threats, to hate speech, to potential criminal statements, Donald Trump has made use of Twitter like no president or world leader before him. His presidency and communication strategy have been defined by his “tweetstorms” and a consequent slew of legal issues. The prolific rate of his tweeting has made large-scale analyses difficult as they quickly become dated.
Nevertheless, this thesis has aimed for a more holistic analysis by uniquely linking trends in his tweeting to its perceived social consequences, situating this work in a long line of analyses of presidential rhetoric and media strategies. Moreover, it assesses Trump’s use …
The Syrian Refugee Crisis Within Europe: A Matter Of Politics, Not Capacity, Anita Frances Shenoi
The Syrian Refugee Crisis Within Europe: A Matter Of Politics, Not Capacity, Anita Frances Shenoi
CMC Senior Theses
This thesis examines factors that enabled the influx of Syrian refugees to the European Union and traces their plight in Europe as one of the greatest humanitarian crises since World War II. The migration of refugees to European countries is a result of Syrians facing religious, racial, and social persecution, and immediate danger from proximity to on the ground conflict in Syria. The Syrian refugee crisis in Europe is occurring, in part, because there is a concentrated effort on behalf of Member States to change the definition of displacement to fit narratives more conducive to each countries’ individual preferences. European …
The Limits Of Affirmative Action And The Illusion Of Whiteness As Property, Gino Townsend
The Limits Of Affirmative Action And The Illusion Of Whiteness As Property, Gino Townsend
CMC Senior Theses
In 1993 Cheryl Harris delivers a scathing review of the effects of American slavery on the socioeconomic status of black Americans in Whiteness as Property. In her criticisms of the rulings of Brown v. Board of Education and Regents of the University of California v. Bakke, Harris uses these cases and others to show how affirmative action is meant to equalize the socioeconomic status of white and black Americans and does not conflict with the Constitution, which Harris observes through the lens of whiteness as property. Harris’ goal is to show that affirmative action is the only means …