Law Commons^™

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Theses

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …

Court Legitimacy & The Shadow Docket, Colton Tilley

Honors Theses

No abstract provided.

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 …

Hbo’S "The Wire" And Its Portrayal Of Baltimore Politics, Schools, And The Judicial System In Season 4: Was It Accurate Then And Does It Stand The Test Of Time?, Josephine Klingeman

Honors Theses

This thesis is a content analysis of HBO’s fourth season of The Wire. After conducting an in-depth analysis of the content in the thirteen episodes of season four, I then assessed the level of accuracy in the show’s portrayal of two major topics discussed throughout the season: Witness protection and police informant harassment. I did so by conducting several interviews with professionals who have several decades of experience working in the criminal justice system. I compared their personal experience with witness protection programs, witness harassment, and police informant harassment with the content presented in The Wire on these topics. …

Election Administration: The Effect Of Race On Election Technology Implementation And Advancement In The United States, Danielle Blaustein

Honors Theses

A necessary condition for democracy is the ability for citizens to be heard. The way by which this is done is through electing officials that represent a diverse set of beliefs and values. The mechanism by doing this is through elections. At a quick glance, elections appear to play a minor role in democracy. But in fact, the foundations of elections are essential to our understanding of American democracy. It is assumed that the implementation of an electoral system is sufficient for American democracy. Diving deeper into the complexities of election systems provides evidence for benchmarks that prevent elections from …

Free To Hate: Hate Crimes' Intertwinement With The Evolution Of Free Speech In The United States, Lee F. Paulson

Honors Theses

In response to the growing tension between civil liberties and civil rights, this research investigates the relationship between the relative expansiveness of free speech and a the nationwide propensity for hate crimes. I argue that government’s legal limitations of speech influence the development of linguistic and hierarchical norms in a national culture. Given structural inequality’s association to violence and crimes of intimidation, I hypothesize that as the government expands the legal bounds of free speech, the national propensity for hate crimes decreases. Text analyses of 50 influential freedom of expression rulings in the United States (U.S.) Supreme Court from 1919-2019 …

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …

“Realizing Democracy”: A Study Of The Regional And National Social, Political, And Economic Factors Driving Suffrage Development In The Age Of The Common Man, 1820-1850, Matthew Prosper

Honors Theses

The Age of the Common Man was a period of American political history lasting from 1820 to 1850 characterized by the implementation of universal white manhood suffrage by every state through removing property and tax qualifications from state constitutional suffrage laws, as well as the “common man” entering the center of much political discourse. These conventions were demanded by the political, social, economic, and in some cases physical climates and conditions of each state. To look at these factors, this thesis divides the nation into three regions, two of which are examined: the Northeast, the Northwest, and the South (the …

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years …

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 …

Race Representatives: Why Black Members Of Congress Matter, Shenika Mcdonald

Honors Theses

My research project consisted of examining 200 bills sponsored by six African American members of Congress during the Ninety-third Congress (1973-1975). These six members of Congress represented Chicago, Illinois; Detroit, Michigan; or New York, New York- three metropolitan cities with significant African American populations. This research emphasizes the importance of Black members of Congress to African Americans nationwide by highlighting the Congressional Black Caucus' formation and mission, examining the bills' key terms and public policy issues for racial implications, and consulting a variety of secondary source material that underscores the need for descriptive representation in the Black community. The primary …

In Reckless Pursuit: Barry Goldwater A Team Of Amateurs And The Rise Of Conservatism, Nicholas D'Angelo

Honors Theses

Before 1964, Barry Goldwater had never lost an election. In fact, despite being the underdog in both of his U.S. Senate elections in Arizona, in 1952 and 1958, he defied the odds and won. His keen ability for organization, fundraising and strategy was so widely respected that his Republican colleagues appointed the freshman senator to chair their campaign committee in 1955, with conservatives and liberals alike requesting his aid during contentious elections. Goldwater himself adamantly believed that in politics, “organization is the whole secret.” For all of these reasons, 1964 seems to be an outlier in the senator’s expansive career. …

Change: An Analysis Of Vote Choice In The 2008 Presidential Election, Maryssa A. Mataras

Honors Theses

This thesis investigates the factors that helped Americans come to a vote choice in the 2008 presidential election. After an in-depth analysis and presentation on the existing literature, I then present key moments in both McCain and Obama’s campaigns looking at the context, campaigns, and candidates. I then break down the turnout and vote choice of each major social group and demographic in the United States, juxtaposing it with the group’s historical voting trends and turnout. In 2008 there was a large nationwide Democratic shift. Chapter four seeks to defend whether it was the context of the election or the …

Lyndon Johnson: A Psychological Character Study, Stephanie L. Vacchio

Honors Theses

This thesis centers on Lyndon Johnson and his character traits and how they are translated into his leadership abilities. The ways in which he handled issues as president, his personal relationships with others, and his own personality traits all define who Johnson was as a man. These aspects combined can be viewed as “character”, or the result of the environment someone has been exposed to for a prolonged period of time. In the case of Johnson, it is his childhood that has played the largest role in shaping his character and in turn his personality. My thesis explores the psychological …

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 …

A Tale Of Two Governors: The 1996 Gubernatorial Succession Crisis, Melissa Miller

Honors Theses

The state of Arkansas is no stranger to succession crises. As early as the Reconstruction era, struggles for power emerged, and controversies surrounding the appropriate use of power among acting governors have kept the issue unsettled. One such instance, the Arkansas gubernatorial succession crisis of 1996 became yet another episode in this saga. While never fully examined, the succession crisis did influence modern politics in the state. There are two sides to every story: "Well, I wanted to let you know I've decided not to resign," Jim Guy Tucker said to Mike Huckabee only five minutes before the inauguration of …

An Assessment Of The 2000 Fourth Congressional District Race, Amber E. Wilson

Honors Theses

Prior to the November 7 election, incumbent Republican Jay Dickey aspired to maintain his eight-year hold on the fourth congressional district seat, while challenger, Mike Ross, a Democratic State Senator, had high hopes for a partisan restoration. In the end, Ross upset the incumbent carrying 51 percent of the 212,160 votes cast, a narrow 4, 126-vote margin. This paper assesses the strategic, tactical, and fiscal factors contributing to Ross's success in overriding incumbency advantages and reclaiming the seat for the Democrats. More specifically, it compares and contrasts candidate and noncandidate communications. Indeed, communication was the key component to these coordinated …

The Structure Of The Presidential Selection Process, Myra Conaway

Honors Theses

The Presidency is a unique institution. No other political office in America is viewed with such awe, respect, criticism and contempt. The President must be all things to all people. He must be a leader, a ruler and a diplomat. His decisions and policies affect many Americans. Due to the significance of the office, time and consideration should be given to the method by which the President is elected. The intent of this study is to examine the structure of the presidential selection process from the nomination campaign through the general election. Also included are brief biographies of the 1984 …