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Full-Text Articles in Law
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Senior Theses and Projects
This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …
Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert
Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert
Political Science Undergraduate Honors Theses
For this thesis, I will analyze the tenure of five Supreme Court justices across the decades, ranging from the year 1940 up to the present year of 2022. The analysis will examine the variation between the justices' decisions at the beginning of their term compared to the decisions near the end of their term. The purpose of this study is to properly distinguish whether Supreme Court justices who have served on the bench for more than a decade are impacted by ideological drift and preference shifts throughout their career. The importance of this analysis is to determine the impact of …
Constitutional Interpretation: Have The Methods Used By The Supreme Court Changed Over Time?, Morgan A. Matney
Constitutional Interpretation: Have The Methods Used By The Supreme Court Changed Over Time?, Morgan A. Matney
Chancellor’s Honors Program Projects
No abstract provided.
Court Legitimacy & The Shadow Docket, Colton Tilley
Court Legitimacy & The Shadow Docket, Colton Tilley
Honors Theses
No abstract provided.
Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach
Honors Theses and Capstones
The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …
Campaigning For The Court: The Effect Of Presidential Campaign Rhetoric On The Supreme Court, Mackey O'Keefe
Campaigning For The Court: The Effect Of Presidential Campaign Rhetoric On The Supreme Court, Mackey O'Keefe
Honors Projects
This paper investigates how presidential candidates speak about the Supreme Court on the campaign trail, and how the ideological tenor of their rhetoric influences outcomes on the Court. Rhetoric is a powerful and well-researched tool of the presidency and has often been called “the power to persuade.” Much of judicial politics scholarship works to describe judicial decision making, investigating what constrains the actions and decisions of the Supreme Court. Though some scholarship has examined how presidential rhetoric affects the Supreme Court, little has been conducted in the area of presidential campaigns. This paper argues that presidential campaign rhetoric influences the …
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
Principle Or Partisanship: An Analysis Of The Role Stare Decisis Plays In Supreme Court Jurisprudence, Clare Burgess
CMC Senior Theses
In this thesis, I analyze the reasons that Supreme Court overturns precedent, and how, if at all, does the doctrine of stare decisis impact those decisions. The Supreme Court’s decisions are often politicized and viewed as a result of the Supreme Court Justices’ ideological views. Simply, they abide by precedents they agree with and abandon ones they do not. While the impact of ideology on Supreme Court decisions is unclear, I find that the doctrine of stare decisis plays an important role in their jurisprudence. In fact, the doctrine of stare decisis has increasingly dominated cases that reverse a prior …
Public Financing Of Elections In The States, Nicholas Meixsell
Public Financing Of Elections In The States, Nicholas Meixsell
Honors Theses
In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …
Private Lives Of Public Figures, Charlotte Miriam Albert
Private Lives Of Public Figures, Charlotte Miriam Albert
Senior Projects Fall 2019
Senior Project submitted to The Division of Social Studies of Bard College.
Opinions In Context: An Exploration Of The Rhetoric Used By Supreme Court Justices Antonin Scalia And Ruth Bader Ginsburg Regarding The Separation Of Church And State, Catherine Evans
Senior Honors Projects, 2010-2019
Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg represented opposite ends of the political spectrum on the Court, having been appointed by presidents from different parties. Their opinions on cases revolving around the interpretation of separation of church and state do/did not occur within a vacuum, and this paper examines both the context surrounding these opinions and rhetoric of the opinions themselves, closing with a discussion of the former’s effect on the latter. Specifically, four cases (two for each) from the beginning and end of the justices’ careers will be analyzed: Capitol Square Review and Advisory Board v. Pinette …
Is It A Dragon? No, It's A Salamander. The Supreme Court's Effort To Slay The Partisan Gerrymander, Tim Harris
Is It A Dragon? No, It's A Salamander. The Supreme Court's Effort To Slay The Partisan Gerrymander, Tim Harris
Honors Theses
The Supreme Court sits on the precipice of undertaking major action to limit the strength and scope of partisan gerrymandering. The Court has never struck down a partisan gerrymander. Although the Court appears to possess the authority to invalidate an unconstitutionally discriminatory districting plan, it has never decided on what indicates unconstitutional discrimination in districting. It has never settled on a workable standard to judge whether or not a specific partisan gerrymander is unconstitutional. In November 2016, a lower court in Wisconsin struck down a partisan gerrymander and put forward what it claims is a workable standard to judge the …
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
CMC Senior Theses
This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …
Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken
Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken
Doctoral Dissertations
Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument? The study of these questions began with examining relationships between the military and the President, and …
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
All Master's Theses
At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …
The Mind Of John Marshall, Richard H. Hanson
The Mind Of John Marshall, Richard H. Hanson
Graduate Student Research Papers
This paper will attempt to analyze the mind of Chief Justice John Marshall by examining those experiences that influenced his thinking, presenting some of the judicial opinions that illustrate his thinking, suggesting the lasting influences and contributions of these judicial opinions.