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Articles 31 - 60 of 170
Full-Text Articles in Law
The Impact On Crime Rate During A Period Of Covid-19 Induced Jail Booking Restrictions, Nathan A. Jendrick
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
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
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
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
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
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 …
Getting After The “Dark Figure” Of Reid: A Meta-Analysis, Douglas A. Coolidge
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
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
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 …
Clan Mothers And Founding Fathers: The Impact Of The Iroquois Confederacy On American Constitutionalism, Kayla Sargent
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
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
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 the top 1%,2 …
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 …
The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough
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, the Aguillard …
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 …
Marxist Implementation Of Climate Change As A Geopolitical Fear Tactic, Katelyn Larossa
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
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 …
Influencing Developmental Pathways: A Church-Based Prevention Program Of Youth Gang Involvement In Large U.S. Cities, Abigail Lokkesmoe
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
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 …
The Relationship Between Virginia School Divisions’ Anti-Bullying Policy Scores And The Percentage Of Student Offenses Of Bullying, Amber M. Zachry
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 relationship exists …
Aspects Of The Jury In Criminal Proceedings, Hannah Akers
Aspects Of The Jury In Criminal Proceedings, Hannah Akers
Senior Honors Theses
Although a trial by jury happens in only a fraction of the total criminal cases, the jury is one of the most intriguing facets of criminal proceedings. This thesis intends to delve into the various aspects of the criminal jury’s history, formulation, and processes. The different areas included are jury selection, elimination of bias, the jury’s role in criminal trials, their deliberations, determining a verdict, and potential problems with the system that is currently in place. All trials can be expected to have foundational court procedures, readings of the law, opening statements and closing arguments, and testimonies, but it ultimately …
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.
Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick
Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick
Senior Honors Theses
For years, the US Intelligence Community has worked to maintain the thin and often wavering line between civil liberty and national security in its attempts to protect the American people while simultaneously preserving their constitutional rights. However, this line has often shifted with the course of American history, including events such as the Alien and Sedition Acts, the establishment of the Church Committee, and the publication of the NSA’s data collection program. One of the most significant of these factors was the passage and eventual amendment of the Foreign Intelligence Surveillance Act, which opened the door to later constitutional controversies. …
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 …
Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley
Breaking The Cycle: An Exploratory Study Of Alternative Solutions For Mentally Ill Adults In The Criminal Justice System, Lindsey Whitley
Masters Theses
Mental illness is a prevalent issue and many times individuals diagnosed with a mental illness are repeat offenders within the criminal justice system; therefore, it is important to understand the problems at hand and find ways to handle the problems, or best yet take preventative measures to stop the problems from ever occurring. The literature review and interviews show that the criminal justice system seems to be handling mental illness in the best way possible with the current resources that are available to them. However, the literature review and interviews also show that an increase in resources and training on …
When The Pursuit Of Liberty Collides With The Rule Of Law, Rena Lindevaldsen
When The Pursuit Of Liberty Collides With The Rule Of Law, Rena Lindevaldsen
Faculty Publications and Presentations
In his 1979 article, Unspeakable Ethics, Unnatural Law, Arthur Leff argued that in the absence of a god-grounded ethical and legal system, “there cannot be any normative system ultimately based on anything except human will.” Stated differently, any human determination of what is moral that is separated from the unchanging moral standard of God is arbitrary and, likely, inconsistent. The difficulty with a human-will based system is that either each person is morally autonomous, in which case no government rules contradicting the individual's moral determination could be justified, or the will of the majority constitutes what is right, in which …
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …