Law Commons^™

The Carpenter Shift: The Evolution Of Fourth Amendment Jurisprudence In The Digital Age, Lindsey R. Mattson

Senior Theses and Projects

The language of the Fourth Amendment protects citizens from warrantless searches of their tangible places and things. For centuries strict interpretation of this Amendment sufficed to protect against invasions of privacy, but developments in modern technology have rendered the Amendment’s initial scope inadequate. Our private information has moved from desks to remote servers, and police surveillance has become both ubiquitous and infallible. In response to these developments, the Supreme Court has expanded the scope of the Fourth Amendment. This thesis explores this doctrinal evolution. Through an analysis of some of the Court’s most consequential Fourth Amendment rulings, this thesis finds …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

Redefining Tribal Sovereignty To Expand Native Jurisdiction Over The Death Penalty, Olivia Louthen

Senior Theses and Projects

Using Lezmond Mitchell’s case as an example, this thesis will explore the ways in which the federal government should redefine tribal sovereignty to expand Native jurisdiction over the death penalty. For centuries, the U.S. has undermined the cultural beliefs and authority of tribal governments by legally and illegally executing Native Americans. Most recently, the Trump administration executed Lezmond Mitchell, completely disregarding the Navajo Nation’s opposition to the death penalty. According to federal law, the government must receive tribal consent to seek out a death sentence against a Native defendant who is accused of committing an intra-tribal crime in Indian country. …

The Evolution Of Transgender Student Rights: A Legal And Policy Analysis, Camille J. Valentincic

Senior Theses and Projects

Transgender student protections are at the center of the most recent debate about the scope of Title IX of the Education Amendments of 1972. Although LGBTQ+ rights and protections have greatly expanded under all areas of the law in the last thirty years, transgender student rights have most successfully advanced through the judicial system.

Through a close evaluation of executive, judicial, and legislative responses to this compelling policy issue, the development of transgender student rights is explored. This analysis, which provides a comprehensive overview of the current legal landscape of transgender student protections, ultimately determines that the courts are the …