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Full-Text Articles in Law

The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson May 2022

The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson

Doctoral Dissertations and Projects

More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents ...


Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy May 2022

Police Education And Its Influence On Traffic Enforcement Performance, Shatavia Monique Kennedy

Masters Theses

In demanding occupations, the preference for formal education is presumptive when improving competency and workmanship. This study assesses the correlation between college education and traffic enforcement performance within a local police department in Aberdeen, North Carolina. In this study, performance strictly refers to issued traffic citations and traffic enforcement. The research consisted of a secondary analysis (public records) using qualitative data. Data were collected to determine which officers issued the most traffic citations from the highway patrol unit from January to June 2021. Second, qualitative data were collected via an interview with one of the department officers to obtain demographic ...


Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd Apr 2022

Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd

Senior Honors Theses

The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, following ...


Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone Apr 2022

Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone

Senior Honors Theses

The actions of ancient Near Eastern warrior gods are often depicted as acts of vengeance, greed, and brutality, serving selfish ambition and never-ending power struggles. These gods and their warfare ethic dominated the worldview of the ancient world in which the events of the Old Testament took place. The actions of the Hebrew God are often included, even emphasized, in discussions of ancient divine warfare today. There are supposed similarities between the actions of war gods like Anat from the Ugaritic pantheon and those of Yahweh from ancient Israel. Unfortunately, this has led to the present-day belief that the God ...


Foundational Failings: A Case Study On Us Interventions Overseas, Martin Hopman Apr 2022

Foundational Failings: A Case Study On Us Interventions Overseas, Martin Hopman

Senior Honors Theses

This thesis will seek to demonstrate how the U.S.'s attempt to export democracy by leading the NATO air campaign to overthrow Muamar el Gadafi in 2011 undermined U.S. foreign policy goals producing regional instability and power vacuums. This work will attempt to summarize the historical fragility of democracies, the cultural basis needed to establish a strong democratic system, the tradition of autocratic government in the Middle East, and how all three of these factors were largely ignored in overall U.S. planning and strategy in its intervention in the Libyan Civil War. Finally, an alternative foreign policy ...


The Effects Of Physical Fitness Policies On Law Enforcement Officers' Physical Fitness Levels, Tina M. Hall Apr 2022

The Effects Of Physical Fitness Policies On Law Enforcement Officers' Physical Fitness Levels, Tina M. Hall

Doctoral Dissertations and Projects

Most law enforcement agencies have minimum physical standards for new hires; however, few agencies have physical fitness standards for members once they are hired. Many law enforcement officers experience a decrease in physical fitness levels as their years of law enforcement service increase. The decrease in physical fitness levels causes a reduction in the ability to perform job duties and increases health consequences. This study explored the relationship of physical fitness levels of sworn law enforcement members from agencies with and without enforced physical fitness standards. Anonymous surveys were completed by 1240 sworn law enforcement officers from eight state law ...


Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson Apr 2022

Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson

Senior Honors Theses

The important geography of the Middle East contributes to the unquestionable value of the region in international relations. Through examining the origin of geopolitics as well as the relevant political theories, and then applying these theories to the current state of the Middle East, it is evident that the geography of the Middle East has impacted the region’s international significance and stability. Understanding the unique geography assists in explaining the region’s current turmoil. The opposing interests in religion, land, and power catalyze tensions across the Middle East, producing an unstable environment around trade route chokepoints and disputed territories ...


The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger Apr 2022

The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger

Senior Honors Theses

The Diaoyu Islands are a small, uninhabited archipelago in the East China Sea which has begun increasing in strategic significance due to its advantageous location near Taiwan and along the First Island Chain. The islands are currently under Japanese administration, but the People’s Republic of China considers them historically Chinese and contests Japan’s claim to the islands. A careful examination of China’s actions in challenging Japan’s rule over the Diaoyus reveals the influence of the Thirty-Six Stratagems, a tome of ancient Chinese military wisdom which provides a framework onto which China’s current strategy corresponds. This ...


The Impact On Crime Rate During A Period Of Covid-19 Induced Jail Booking Restrictions, Nathan A. Jendrick Feb 2022

The Impact On Crime Rate During A Period Of Covid-19 Induced Jail Booking Restrictions, Nathan A. Jendrick

Doctoral Dissertations and Projects

COVID-19 has become a catalyst for profound changes not just in public health but in criminal justice as well. To reduce the close-quarters populations of correctional facilities in an effort to reduce the spread of the virus, law enforcement administrators in the Pacific Northwest have significantly limited the opportunity to make custodial arrests of criminal suspects. The effect on crime rate by not booking suspected criminals for misdemeanor and felony crimes alike remained largely unstudied. To assess this intervention, a paired samples t-test was used after acquiring call volume data for 13 crime types from the dispatch communications center of ...


The Evolution, Expansion, And Effects Of Intellectual Property Rights At American Higher Education Institutions: A Historical Context Of Legislation And Case Law At Harvard And Yale Universities, Lucia Antoinette Shipley Sep 2021

The Evolution, Expansion, And Effects Of Intellectual Property Rights At American Higher Education Institutions: A Historical Context Of Legislation And Case Law At Harvard And Yale Universities, Lucia Antoinette Shipley

Doctoral Dissertations and Projects

This dissertation used a historical research method to examine the rise of the centuries-long complex construct of intellectual property ownership through the lenses of American institutions of higher learning and the American legal system, the latter of which attributing its involvement in intellectual property rights once the principle of ownership became equated with the profit of ownership. Because universities are the traditional factories for innovation, this phenomenon within this expanse of time can be better understood by focusing on two historical research institutions. The universities of Harvard and Yale were explored due to their operational and intellectual property experiences mirroring ...


Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall May 2021

Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall

Senior Honors Theses

This study proposes a framework of viewing the competition between governments to attract businesses into their jurisdiction as a competitive market. Literature is reviewed on the market forces and incentives of businesses and governments in location decisions. A possible gap in the literature of quantifying the price elasticity of competition between national governments for business activity is identified. OECD data is analyzed using equations supported by literature and results are evaluated to better understand the elasticity of international location decisions. The results of this study indicate that elasticity varies widely between countries, and countries with smaller economies may face more ...


Analyzing The Fiscal Relationship Between The Church And State, Emily Lethbridge Apr 2021

Analyzing The Fiscal Relationship Between The Church And State, Emily Lethbridge

Senior Honors Theses

The relationship between the government and the church is frequently debated in the United States. One main concern is the legality of the government granting funding to churches, religious schools, and Christian organizations. Religious institutions are separated from the government; thus, they can be tax-exempt and able to discriminate on a religious basis. The Supreme Court has analyzed the Free Exercise and Establishment Clauses in several cases to determine when the government may grant funds to religious institutions. In the past decade, administrative code and judicial case law have both expanded religious institutions’ ability to receive governmental funds. Inevitably, controversy ...


An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo Dec 2020

An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo

Senior Honors Theses

This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt ...


An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann Dec 2020

An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann

Senior Honors Theses

Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. Over time, Hong Kongers have seen Beijing blatantly tighten its grip before time was up for the fifty-year agreement since the handover in 1997. In 2014, and again in 2019, hundreds of thousands of citizens filled the streets to participate in pro-democracy demonstrations with the protests only gaining momentum and influence. While there has mostly been support for Hong Kong’s independence movement, there has been argument that Beijing’s actions are completely justified. Should Hong Kong remain autonomous from ...


Getting After The “Dark Figure” Of Reid: A Meta-Analysis, Douglas A. Coolidge Jun 2020

Getting After The “Dark Figure” Of Reid: A Meta-Analysis, Douglas A. Coolidge

Masters Theses

Much research has been done, which aims at the use of the Reid Technique in the interrogation room. The technique, named after Reid and Inbrau, uses an aggressive presumption of guilt tactic that has been blamed for the unconstitutional coercion of criminal confession. Those that argue against the use of the technique are typically proponents of the cognitive technique, an interrogation model that eschews the aggressive “finger-pointing” of the Reid technique in favor of more friendly interactions, where the suspect is set up to tell their side of the story freely. Should they be attempting to lie during a cognitive ...


The Constitutionality Of Abortion, John M. Nerney May 2020

The Constitutionality Of Abortion, John M. Nerney

Senior Honors Theses

The purpose of this study is to determine whether abortion is constitutional under the Fourth Amendment. Essentially, the Supreme Court used what is known as the “right to privacy” which they created using the First, Fourth, Fifth and Ninth Amendments finding penumbras of the Bill of Rights, and in the concept of liberty guaranteed by the first section of the Fourteenth Amendment. This study addresses the history of the right to privacy and tries to show that the Supreme Court stretched the meaning of these Amendments beyond what the founders of the Constitution intended. This study analyzed the application of ...


An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck May 2020

An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck

Masters Theses

In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism ...


Clan Mothers And Founding Fathers: The Impact Of The Iroquois Confederacy On American Constitutionalism, Kayla Sargent Apr 2020

Clan Mothers And Founding Fathers: The Impact Of The Iroquois Confederacy On American Constitutionalism, Kayla Sargent

Senior Honors Theses

The American Constitutional tradition was influenced by many different sources, such as Scripture, English Common Law, and the governmental structure of ancient Greece and Rome. However, many Constitutional scholars often fail to realize that the Founding Fathers looked beyond Europe for inspiration. One source to which they may have turned was the Iroquois Great Law of Peace. The Great Law of Peace was the first constitution in North America, potentially as early as 1450, and passed down via oral tradition until it was written down in the 1880s. The Great Law of Peace brought together the Seneca, Onondaga, Oneida, Mohawk ...


Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals Apr 2020

Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals

Senior Honors Theses

This thesis’s foremost purpose is to illustrate the nature of the intellectual battle waged between Karl Marx and Adam Smith. A detailed summary of each philosopher’s respective ideology is given, as well as an explanation for how such ideologies arose. Furthermore, an illustration of how the writings of Marx and Smith impacted historical events is provided. Ultimately, this thesis seeks to explain the core differences between Marxism and the free market system, and why such differences exhibit a great need for the preservation of liberty.


Losing Liberty: A Biblical Defense For The Freedom Of Speech On Campus, Joseph J. Martins Apr 2020

Losing Liberty: A Biblical Defense For The Freedom Of Speech On Campus, Joseph J. Martins

Faculty Publications and Presentations

In the following scenario, two student groups face a philosophical dilemma at a major state university. The Young Democratic Socialists of America (YDSA) has invited Representative Alexandria Ocasio-Cortez to campus to lecture on the advantages of adopting socialism as America’s central financial policy. However, for the following week, Young America’s Foundation (YAF) has invited Donald Trump, Jr. to discuss how capitalism has made America a great nation. YDSA and YAF vigorously oppose the views that will be presented by the other organization’s speaker. YDSA believes that capitalism leads to gross income inequality and consolidation of power in ...


Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard Apr 2020

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the ...


The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough Nov 2019

The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough

Senior Honors Theses

The landmark Louisiana case Edwards v. Aguillard ushered in a new era of legislation in which certain ideas are discriminated against because of their religious basis. Due to the Court’s misinterpretation of evidence and employment of a faulty test for a secular purpose, the Court is responsible for disastrous and far-reaching implications. This thesis will examine how the 1987 Supreme Court case Aguillard shifted American science education away from the exploration of multiple competing theories of man’s origins in the classroom. Although America was founded on principles such as freedom of religion and thought which should be protected ...


Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg Oct 2019

Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg

Senior Honors Theses

The late Reverend Jerry Falwell, Sr., founder of Thomas Road Baptist Church and president of the Moral Majority, was a prominent figure in conservative politics beginning in the late 1970s. His opinions regarding preachers and politics changed throughout his life, as did his beliefs about race in America and the church. His views on race affected his preaching and political involvement, and in his later life he retracted from the segregationist beliefs he held at the beginning of his ministry. While Falwell’s prominent roles in the Religious Right and Moral Majority have previously been explored, this paper seeks to ...


Marxist Implementation Of Climate Change As A Geopolitical Fear Tactic, Katelyn Larossa Apr 2019

Marxist Implementation Of Climate Change As A Geopolitical Fear Tactic, Katelyn Larossa

Senior Honors Theses

In recent years the climate change debate has shifted from the peripheries of international political discussions to center stage, manifesting in the Paris Agreement in November of 2016 under the United Nations Framework Convention on Climate Change. However, the science behind the climate change debate is disputed and does not support the claims made by global leaders who continue to push for increasing environmental regulations and financial aid to those most adversely affected by the supposed climate change (underdeveloped and developing nations). Examining the geopolitical and economic implications of climate change actions reveals the underlying political philosophies guiding global leaders ...


Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope Apr 2019

Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope

Senior Honors Theses

The symbolic concept of separation between church and state defines the relationship between government and religion. While Jefferson did not author the phrase, the third President of the United States promoted the philosophy of a wall of separation between church and state in his letter to the Danbury Baptists in 1802. Jefferson’s support for a wall of separation stemmed from a strong belief in liberty of conscience and relied heavily upon the conviction to protect religious liberty. Through an analysis on the contextual history of the phrase, the original intent and application of separation of church and state becomes ...


The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown Apr 2019

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which ...


Influencing Developmental Pathways: A Church-Based Prevention Program Of Youth Gang Involvement In Large U.S. Cities, Abigail Lokkesmoe Apr 2019

Influencing Developmental Pathways: A Church-Based Prevention Program Of Youth Gang Involvement In Large U.S. Cities, Abigail Lokkesmoe

Senior Honors Theses

Youth gang involvement and resulting engagement in delinquent acts is a widespread societal problem in large cities across America, which affects the lives and well-being of hundreds of people every day. There are two main approaches to understanding the factors or causes behind this involvement. The risk-protective model holds that behavior is the result of the sum total of influences that risk factors have on increasing the likelihood of the behavior and protective factors have on decreasing the likelihood of the behavior. A number of risk factors exist for youth gang involvement, with the principal domains being individual, family, community ...


Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets Jan 2019

Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets

Masters Theses

Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional ...


North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker Nov 2018

North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker

Senior Honors Theses

North Korea’s road of survival began in the aftermath of World War II, when the United States and the Soviet Union sparred over rival ideologies. Ultimately, Korea split into a free south and an authoritarian north. Over seventy years later, North Korea remains a bastion of communism. Nuclear weaponry is a factor behind North Korea’s survival, and the history of their program can offer insight for American policy makers today. This paper offers a history of North Korea’s nuclear weapons program during the Clinton presidency, along with recommendations for present day policy makers. Without an understanding of ...


The Relationship Between Virginia School Divisions’ Anti-Bullying Policy Scores And The Percentage Of Student Offenses Of Bullying, Amber M. Zachry Nov 2018

The Relationship Between Virginia School Divisions’ Anti-Bullying Policy Scores And The Percentage Of Student Offenses Of Bullying, Amber M. Zachry

Doctoral Dissertations and Projects

State laws and policies that adhere to U.S. Department of Education (USDOE)-recommended anti-bullying legislative components have been found to reduce rates of bullying in schools. No longer considered a normal or tolerated part of childhood and adolescence, state legislation and local policy regarding bullying have experienced substantial growth over the last decade. Consequently, state laws and local policies are currently a critical component in response to bullying behavior and yet, there is limited research that has investigated the relationship between anti-bullying policies and the prevalence of bullying. The purpose of this correlational study was to determine whether a ...