Law Commons^™

A Legal Analysis Of The Competition And Antitrust Law Enforcement Reform Act Of 2021, Nicholas Owczarzak

Honors Theses

This legal analysis examines the “Competition and Antitrust Law Enforcement Reform Act of 2021” proposed by Senator Amy Klobuchar, which would amend Section 7 of the Clayton Act to prohibit more anticompetitive mergers and acquisitions. Senator Klobuchar and other antitrust law experts disagree with how courts currently evaluate mergers using the Chicago School of Thought, and Klobuchar sought to strengthen antitrust laws which would change the way mergers are evaluated. This bill mainly aimed to create a lower burden of establishing an anticompetitive merger, from mergers that may “substantially lessen competition” to mergers that may “create an appreciable risk of …

How Social Movements Have Influenced Child Custody Standards Over Time, Victoria Miller

Honors Theses

Child custody standards have evolved over time due to societal attitude shifts regarding gender roles. The stereotypes present within the decision-making process of child custody laws have been challenged repeatedly in order to attack sexism within the laws. Child custody decisions are important for the child and family in question, because whichever parental guardian has custody over the child has the legal authority to make life changing choices for the child. These choices can include education, religion, and the environment the child grows and develops in. Parental choices can affect a child's mental and physical well-being, which makes it crucial …

Is The Fair Use Doctrine A Viable Argument For Generative Ai?, Olivia Bainbridge

Honors Theses

The purpose of this research paper is to examine whether or not the fair use doctrine, a pivotal piece of copyright law, is a viable argument on behalf of generative artificial intelligence companies that are currently being sued on the basis of accused infringement of copyrighted images that their programs are trained on. By examining whether or not fair use is viable, generative artificial intelligence companies will be able to better gauge the validity of their arguments as well as adjust their practices accordingly if needed. This research is necessary because this research is examining a new field of law …

Covid-19 As A Force Majeure On Joint Venture Agreements, Tannya Rebecca

Honors Theses

This thesis explores the legal and practical implications of the COVID-19 pandemic on joint ventures, focusing on the impact of force majeure clauses and supplier-buyer relationships. Drawing on insights from real-world professionals, the study examines the evolving perspectives on whether COVID-19 constitutes a force majeure event that affects supplier-buyer relationships in joint ventures. While the majority of professionals initially regarded COVID-19 as a force majeure event that significantly impacted these relationships between 2020 and 2022, dissenting views have gained traction in 2023.

Examining the legal framework and precedents, the research reveals that courts interpret force majeure clauses based on the …

Litigating Reproductive Rights: The Evolving Support Structure In The United States, Allison Anker

Honors Theses

The Supreme Court of the United States functions as the highest judicial body in the country, with its decisions having the capability to reverberate change across the nation. Understanding why they make certain decisions has long been a point of scholarship, with multiple theories emerging as to what exactly influences their rulings. One such theory is the support structure, proposed by Charles Epp in The Rights Revolution (1998), which is a theory exploring how social movements influence litigation and the establishment of certain rights. This theory states that legal mobilization at the Supreme Court rests “on resources, and resources for …

Impact Of 2001 - 2016 Supreme Court Establishment Clause Cases, Nicole Cumming

Honors Theses

This study will look at United States Supreme Court Establishment Clause cases from 2001-2016. During those 16 years, the Court decided 1,276 cases. Only 10 of those cases dealt with the establishment clause.

At an absolute minimum, the Establishment Clause was intended to prohibit the federal government from declaring and financially supporting a national religion, which existed in many other countries at the time of America's founding. This idea has become vital to the values Americans hold dear. Throughout history, religious freedom and tolerance have been celebrated, and most of that is due to the Establishment Clause. However, there is …

Permissions Between Creators And Users: An Investigation Of Particulars In Privacy Policies For Mobile Apps, Abbigail Griffith

Honors Theses

Mobile apps create a space for users to share information with other users and, in doing so, the creators of the applications. Generally, the greater amount of sharing information that occurs between users and creators enhances the experience of the apps for both parties. However, the extent to which mobile apps use this information can cause concerns with users about privacy due to the unknown practices of mobile apps relevant to data collection, data sharing, and data storage.

Documents, such as privacy policies, exist in attempts to moderate these concerns. Additionally, mobile apps offer in-app features for the same reasons. …

Allied Paper Landfill, A Case Study Of Superfund, Kaitlin Braunschweig

Honors Theses

The Comprehensive Environmental Response, Compensation, and Liability Act (1980), more commonly known as Superfund, delegates the responsibility for cleanup of more than 1,300 hazardous waste sites to the federal Environmental Protection Agency (EPA). This thesis is designed as a case study to investigate the Superfund program through the lens of the Allied Paper Landfill portion of the Kalamazoo River Superfund Site. Through interviews with key stakeholders an evaluation was completed based on the following research questions: 1) are the current goals of Superfund appropriate, 2) is the funding mechanism sufficient to fulfill the goals of Superfund, and 3) is the …

The Nfl: Growing Into Its Death, Cole J. Molnar

Honors Theses

The following document is about concussions in the National Football League (NFL). This thesis explores a principal question; is the NFL doing enough to warn its players about the long-term effects of multiple concussions? I start by covering what a concussion is, how it can be diagnosed e.g., what the symptoms are, and some of the long-term effects on the human brain. Other topics that are discussed include the history of football (including how it was born), the history of professional football (early years up to present time), head injuries in football, litigation, and potential solutions. Most of my research …

Is Justice Available To All? Indigent Defense In Michigan, Barbara K. Lanning

Honors Theses

Does Michigan’s public defense system operate in accordance with the decisions made by the Supreme Court in cases like Gideon v. Wainwright, Powell v. Alabama, and Argersinger v. Hamlin? If not, how can we reform the system? The right to counsel for those accused of a crime in the United States is a constitutional right. After the decision issued in Gideon v. Wainwright (1963) the federal government mandated that all states were responsible for providing representation for indigent defendants. The states provide these services either through public defender programs, appointment of court cases to private attorneys, or through contracts with …

The Supreme Court: A Decade Of Opinion, Matthew A. Bahleda

Honors Theses

Conventional wisdom would have us believe that the Bush v. Gore (2000) decision marked a large change in public approval of the Supreme Court. To analyze this claim, a series of landmark cases for the years 2000-2010 will be reduced to a data set that will allow for the observation of specific variables and the roles each variable may play in determining the change in public opinion. From there, conclusions are made that substantively explicate the relations between the indicated relevant variables and the change in opinion. Ultimately, the Bush v. Gore decision is found to have not had the …

The Northwest Forest Plan: Up To Our Neck In Owls?, Ashley N. Horvat

Honors Theses

Traversing across the vast Pacific Northwest with the Northern spotted owl (Strix occidentalis caurina), one would experience a dynamic landscape that ranged from areas shrouded with ancient forests, mountains dotted with dense young forests, large swathes of empty habitat from clearcuts, and corridors filled with canopies and a plethora of life. The once vibrant forests that blanketed the Pacific Northwest in an abundance of life and sheltered these rare owls in their canopies were threatened by the removal of these primordial giants in these forests. The wild salmon that journey in record numbers through the cold rivers and …

A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux

Honors Theses

Discrimination does not make good business sense; it causes tension and a decrease in productivity. Even though human rights laws vary from country to country, conforming with these laws makes business more cohesive and productive. Some of the many benefits include:

• Increase the pool of potential employees and, therefore, the chances of getting the best person for the job,

• Build morale and productivity of employees

• Minimize complaints, disruptions and legal wrangles, leaving employees to focus on their work, and

• Add to the bottom line and build the company's reputation in the community.

The purpose of this paper is to analyze …

The Potential Effects Of The Trans-Atlantic Common Aviation Area On Shannon Airport, Ireland, Daniel James Centilli

Honors Theses

The Trans-Atlantic Aviation Area is a proposed liberalization of the air services agreements known as bilateral agreements between the United States of America and the member states of the European Union. The new agreement would replace the restrictive bilateral and Open Skies bilateral agreements between the United States and the EU with a single comprehensive agreement. The emergence of true open skies between the US and EU creates many economic opportunities and some economic threats. One such threat is the situation faced by the Shannon Airport, Ireland. Under the current US/Ireland bilateral, Shannon's existence is protected by requiring US carriers …