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Articles 1 - 22 of 22
Full-Text Articles in Law
Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter
Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter
Senior Honors Theses
Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …
“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten
“Always Said To Be Of Indian Extraction”: Native/African American Freedom Suits In Virginia 1773-1853, Cress Ann Posten
Doctoral Dissertations and Projects
Freedom suits of enslaved people in Virginia who claimed liberty based upon matrilineal descent from a Native American woman provide a multi-dimensional lens into social, cultural, and legal aspects of colonial and antebellum considerations of race, kinship, and self-determination. Within records of depositions are detailed transcriptions of questions posed to neighbors, family members, acquaintances of enslavers, and slaveowners themselves. Answers reveal a nuanced and complicated set of opinions concerning who had a right to freedom. Local memory banks overflowed with detailed descriptions of the plaintiff and his or her native ancestress, including skin color, hair texture, and manners. Within isolated …
The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson
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, …
The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger
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 thesis examines the historical …
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
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, …
Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone
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 …
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
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 China, and …
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck
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 is incapable of providing …
Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals
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.
Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard
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 …
Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg
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 present …
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 evident. …
The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown
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 …
Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets
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
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 history decision-makers tend …
A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton
A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton
Senior Honors Theses
This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.
Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel
Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel
Senior Honors Theses
This paper will discuss Christian involvement in the intelligence field in addition to the ethical issues inherent to intelligence, specifically deception, including lying and manipulation, and technology as a force multiplier. Many Christians believe that intelligence is fundamentally a field of extensive deception that should be avoided. Ethics and morality, what it means to tell the truth, and biblical examples of people who used deception and were commended, will be analyzed from a Christian worldview perspective. The arguments will be presented in order that Christians may be able to understand how to apply the two greatest commandments, to love our …
Scriptural Justification For The American Revolution, Samuel Ewing
Scriptural Justification For The American Revolution, Samuel Ewing
Senior Honors Theses
This thesis will seek to examine the intention of the Founding Fathers regarding their decision to break from England in what became the American Revolution. On July 4th, 1776, fifty-five men gathered to sign the defining document of their cause – the Declaration of Independence. As the document presents the climactic argument against the English crown, this thesis will seek to analyze its writers’ intentions, presuppositions, and rationalizations. Ultimately, this thesis will demonstrate that the Founders not only sought biblical justification for their actions and opinions, but followed the letter of biblical and common law in order to …
States' Rights Apogee, 1760-1840, Ryan Setliff
States' Rights Apogee, 1760-1840, Ryan Setliff
Masters Theses
America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …
How To Get To The Other Side Of Emotional Pain, Ronnie Moore
How To Get To The Other Side Of Emotional Pain, Ronnie Moore
Doctoral Dissertations and Projects
The purpose of this dissertation is to provide a resource of approaches to deal with pain and guide in the direction of getting to the other side of pain. This project is used from a journey of painful events. The study is performed from literature, research and personal experiences. Therefore, this dissertation will provide and allow a person a valuable resource to deal with emotional pain and painful situations as well as provide several tools to get to the other side of emotional pain. It will also show how to understand emotional pain and work through the most devastating hurt …
Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan
Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan
Faculty Publications and Presentations
An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …
Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert
Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert
Faculty Publications and Presentations
The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.