Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Environmental Justice Activism Against Freeway Proposals In Contemporary America, Molly Wampler Jan 2018

Environmental Justice Activism Against Freeway Proposals In Contemporary America, Molly Wampler

Summer Research

Transportation infrastructure provides an excellent lens through which to look at environmental justice. There is legislation in place that should prevent or at least draw significant attention to environmental justice, yet new freeways are still being proposed which continue to commit the same environmental injustices as decades past. With grassroots opposition as a primary form of resistance, this paper investigates the tools available to activists, as well as the ones most effective in ensuring success of the movement. I also consider what accounts for the difference in outcomes of resistance movements, why some community movements are successful in stopping a …


"To The Devil We Sprang And To The Devil We Shall Go": Memory And History In The Narrative Of British Medieval Constitutionality, Helen W. Tschurr Jan 2016

"To The Devil We Sprang And To The Devil We Shall Go": Memory And History In The Narrative Of British Medieval Constitutionality, Helen W. Tschurr

Summer Research

The British Bill of Rights is arguably one of the most important documents in history; it symbolizes modernity, legal protection for popular sovereignty, and has inspired several political and intellectual revolutions. The Bill of Rights is a physical manifestation of the British constitution and represents a triumph of constitutionality over despotism, the struggle which has defined British history since the Norman Invasion in 1066, and which has been deemed the de facto constitution itself. Because of its unique composition, the British constitution has been a hotly debated historical subject since the Glorious Revolution. Most scholarship on this topic has been …


Corporations Are Not People: An Analysis Of Citizens United V. Federal Election Commission, Melissa Gaughan Jan 2012

Corporations Are Not People: An Analysis Of Citizens United V. Federal Election Commission, Melissa Gaughan

Summer Research

In 2010, the Supreme Court answered this question in Citizens United v. FEC, which granted corporations First Amendment political speech rights and struck down limitations on independent expenditures by for-profit corporations. My research focused on the uses of legal theories of corporate personhood within the Citizens United decision. I found that the Court’s Citizens United decision used logic from several theories of corporate personhood to avoid acknowledging that there are different types of corporations, each with unique claims to political speech rights. The use of multiple theories of corporate personhood led the Court to conflate the two major types of …


Back To Basics: A New Approach To The Unitary Executive Theory, Amanda Nicol Jan 2011

Back To Basics: A New Approach To The Unitary Executive Theory, Amanda Nicol

Summer Research

Post-9/11 American politics has seen an unprecedented rise in presidential power and what has come to be known as the ‘imperial presidency’. The Bush Administration met with sharp criticism for its unusually strong interpretation of the unitary executive theory, which states that control of the executive branch should be vested solely in the president; certain administration officials argued that the unorthodox nature of the war on terror required that the president be granted absolute power under the unitary executive theory, devoid of usual legislative and judicial checks. Scholars are sharply divided over whether there is a constitutional basis for this …