Fourteenth Amendment Commons^™

A Phenomenological Study Of The Experiences Of Black Students In Criminal Justice Programs And Its Implications On Social Justice, Demetrius C. Dacres

Seton Hall University Dissertations and Theses (ETDs)

This study examined the experiences of Black students who graduated with degrees in criminal justice within the last five years, as well as professors serving criminal justice programs. In this study, Black students are defined as those who identify as Black or African American, and the research focused on a criminal justice higher education institution’s educational program in the Northeast. This qualitative phenomenological study drew on Lent’s Social Cognitive Career Theory and Tinto’s Student Integration Model to investigate how Black students experienced criminal justice programs and the resources and strategies they utilized to navigate and adapt. The study addressed a …

Incorporating Principles And Wisdom From Hospital Chaplaincy And Pastoral Ministry To Create A Ministry Model To Address Social Isolation And Loneliness In Black Churches, Albert A. Kemp

Doctor of Ministry Projects and Theses

To address the growing and widespread epidemic of social isolation and loneliness, with special focus on Black churches, this dissertation developed a program with the following areas of application: 1) how healthcare trained chaplains can coordinate with churches to positively impact individuals identified as lonely and socially isolated with better social and physical health, 2) how principles of chaplaincy and pastoral care can mitigate and intervene competently when such people are identified, and 3) how the project’s model can be organized, taught, and incorporated into existing arenas of church ministry.

The purpose of the project was to create a ministry …

Substantive Biases? Analyzing Ideological Bias In Substantive Due Process Claims On The Roberts Court, Nicholas J. Ginsberg

Undergraduate Honors Theses

This thesis examines whether judicial ideology has a stronger influence on Supreme Court decision making in substantive due process claims when compared to other areas of law through the Roberts Court. Previous scholarship has noted that ideology is a factor in judicial decision making, however, there is little scholarship on if specific areas of law makes ideology play a larger factor in decision making. Utilizing justice-level voting records from the Roberts Court and Segal-Cover scores to measure judicial ideology, a logistic regression model is utilized to analyze the relationship between ideology and voting behavior in substantive due process cases and …

Breaking The Stigma: The Law And Supreme Court Cases Behind Gender Discrimination Legislation, Camille M. Ogden

Undergraduate Theses

Pauli Murray and Ruth Bader Ginsburg were extremely influential attorneys due to their groundbreaking legal work on sexual discrimination. Murray’s legal work heavily influenced and inspired Ginsburg and this work explored that connection between them. This research asked the question, ““How did case law evolve from 1964-1982 in the United States of America and how did Pauli Murray influence and inspire Ruth Bader Ginsburg?” This thesis examined how Murray influenced Ginsburg and her legal work in the United States from 1966 until 1979. It looked at how case law and precedent changed and evolved mainly focusing on the influence these …

From Dred Scott To Barbara: Birthright Citizenship, Racial Exclusion, And The Enduring Promise Of The Fourteenth Amendment, Jenna A. Milbrodt

CMC Senior Theses

The Fourteenth Amendment’s Citizenship Clause has guaranteed birthright citizenship to all children born in the United States for hundreds of years. Yet, President Trump’s January 20, 2025, executive order threatens to strip that right from children born to parents unlawfully in the country and temporary visitors. This order, if permitted to stand, would change the definition of US citizenship and render countless children stateless persons without citizenship rights. This paper examines whether birthright citizenship in the US, properly understood, extends to children of unlawful immigrants and temporary visitors. To answer this question, three time periods of change in citizenship rights …

The Progression Of Deinstitutionalization And Its Effects On The American South: A Judicial Analysis Of 20th-Century United States Supreme Court Decisions, Eva-Marie V. Jones

Honors College Theses

This thesis explores the effects of four landmark Supreme Court cases on the deinstitutionalization movement in the American south. Previous literature frequently discusses the legislative implications of this era; however, no law is applicable without the interpretation and application of the judiciary, which so often contextualizes the greater public perspective. Rarely has an analysis of judicial decisions involving psychiatric care merged with regional focus, and certainly not in a format accessible to the average individual.

From unmarked graves to abandoned infrastructure, the legacy of historic psychiatric care in the United States has been largely obscured – yet its consequences continue …

Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud

Theses and Dissertations

The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …

Exploring Education Policy And Resources In Virginia Secondary Education, Gabrielle Lyon

Departmental Honors & Graduate Capstone Projects

The study examines the intersection of federal special education policy within Virginia's secondary schools, specifically focusing on teachers’ compliance with the Individuals with Disabilities Education Act (IDEA). The study explores educators' awareness and usage of the Virginia Department of Education's hearing decisions index, which documents IDEA violations and due process decisions. Through analyzing federal education legislation, state implementation practices, and teacher perspectives, this study reveals critical gaps in educator preparation and resource awareness regarding special education policy compliance. The findings suggest that while the IDEA violations are being tracked and documented, there remains a significant disconnect between available resources and …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

How Does The Modern Supreme Court Treat The Idea Of Retribution In The Context Of Capital Punishment?, Paige Forsberg

Honors Undergraduate Theses

This thesis explores the modern U.S. Supreme Court's treatment of retribution in the context of capital punishment, analyzing how justices have framed and justified the death penalty as a form of justice. Through the examination of key Supreme Court rulings and legal arguments, this study evaluates the evolving role of retribution in the Court’s decisions on death penalty cases, highlighting how judicial reasoning has shifted over time in response to legal, philosophical, and societal developments.

Retribution, long considered one of the primary justifications for capital punishment, is examined through a nuanced lens in this study. While historically viewed as a …

Reproductive Rights: How Voting Behavior Illustrates Shifting Political Attitudes, Keavy Callwood

Williams Honors College, Honors Research Projects

This research project intends to explore a causal link between the Supreme Court decision in Dobbs v. Jackson Women's Health Organization (2022) and shifting political attitudes as modeled through voting behaviors. Research will be conducted by using data from government and reputable sources that are representative of the general public to show that political attitudes have shifted since the release of the Dobbs decision. Additionally, the question will be analyzed through discussing several political theories and applying them to the current issues being studied. This research could help show how the Supreme Court is an important actor in the political …

An Analysis Of Florida's Dual Enrollment Laws: How Florida's Model Is Uniquely Protected By The Fourteenth Amendment, William H. Hamman

Honors Undergraduate Theses

Florida’s dual enrollment program is an offering within the state’s basic education package, allowing secondary students to participate in postsecondary courses while simultaneously earning secondary and postsecondary credit. In Florida, around 80,000 students participate annually, and 1.5 million students are within the grade range eligible for participation in the program. This thesis analyzes how the program, and subsequently eligible students, are granted constitutional protections under the Fourteenth Amendment. The author conducted this research to highlight the expansive nature of constitutional law and demonstrate how Florida’s model is unique among state-mandated dual/concurrent enrollment programs. To conduct the necessary research, the author …

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

Batson Challenges In Federal, Kansas, And Missouri Courts, Matt Champagne

Law Student Works

In Batson v. Kentucky, 474 U.S. 79 (1986), the Supreme Court of the United States (“SCOTUS”) ruled generally that the use of peremptory strikes to disqualify potential jurors based solely on their race violated the Equal Protection Clause of the Fourteenth Amendment. Specifically, the Court held that the use of peremptory strikes by the prosecution to exclude all four Black potential jurors from a jury pool, thus seating an all-white petit jury, on no other grounds besides the perspective jurors’ race violated a Black man’s right to equal protection under the Fourteenth Amendment. The Court reasoned that the exclusion of …

Systemic Racism Transformed To Shalom Justice., Bobby West

Doctor of Ministry Projects and Theses

ABSTRACT

April 27, 2024

SYSTEMIC RACISM TRANSFORMED TO SHALOM JUSTICE

This study examines the pervasive culture of systemic racism in the church and non-church communities and its impact on America. It argues how culture and systemic racism impact marginalized people (particularly African Americans and brown people) through policies and systems related to money, employment, education, health care, etc. Providing a description or argument for systemic racism formation offers a historical context of changes to shalom justice (society race in the image of God), relational and unilateral power with, power to, power within transformation from injustice to Shalom justice. An exploration …

An Analysis Of A Changing Supreme Court Viewed Through Students For Fair Admissions V. President And Fellows Of Harvard College, Reed Fagg

Finance Undergraduate Honors Theses

An analysis of the Students for Fair Admissions v. President and Fellows of Harvard College and Students for Admissions v. the University of North Carolina Chapel Hill to better understand the changes in the Supreme Court. Breaking down of the argument and a study of societal impacts.

Strictly Intersectional Scrutiny: A Recommendation For Transforming The Epc To Highlight Queer Black Women, Kayla M. Richardson

Undergraduate Honors Theses

The purpose of this thesis is to explore the interpretation of the Equal Protection Clause by the Supreme Court of the United States (SCOTUS) and how this interpretation can become more intersectional for Black queer women. This question is explored within the scope of two theoretical frameworks: Derrick Bell’s theory of interest convergence and Kimberlé Crenshaw’s theory of intersectionality. This project examines whether any factors compel SCOTUS to be more intersectional in its approach to the Fourteenth Amendment. Simultaneously, this study also considers what social contexts make SCOTUS more likely to focus on the interests of the oppressor, a demographic …

The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin

Honors Undergraduate Theses

Accelerating from 2022 and continuing through 2024, the state of Florida has experienced significant policy changes, particularly within the realm of higher education and affairs of diversity, equity, and inclusion (DEI). Many progressive officials, experts, and activists assert arguments that the state is on the verge of evolving into an authoritarian regime while many illiberal policies are being produced through the Florida legislature and current executive leadership—social and economic sectors are consequently threatened in order to maintain political oppression. The Stop W.O.K.E. Act has served as a catalyst for shifting the state's political stance on DEI, culminating in a chain …

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …

A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback

Electronic Theses and Dissertations

Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …

The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight

Electronic Theses, Projects, and Dissertations

For a country that has been built on the legacy of freedom and the idea of individual rights, the United States has a history of legalizing oppressive policies and denying rights and freedom based on the color of one’s skin. As scholars take on the issue of Colorism within the American society, this thesis works to examine the origins of white supremacy and its legalization through the institutions of American enslavement and the era of Jim Crow. First examining the portrayal of those of African descent and its connection to white supremacy during the period of enslavement, this thesis relies …

Hslda Concerned With More Than Just Homeschool, Griffin S. Kelly

Capstones

My capstone is just one piece of a greater investigation into homeschooling in America. For my piece, my colleague Keith Medelis reported on the Home School Legal Defense Association, a premiere homeschooling advocacy group that provides legal advice to its members and lobbies against any regulations they find restrictive to the homeschooling process.

Our goal was to see exactly what their mission is because beyond homeschooling, the HSLDA advocates for small government, religious (mainly Christian) freedoms and protecting its members from child protective services.

A review of 84 court cases revealed that the HSLDA has occasionally engaged in legal battles …

Police Brutality: Macroeconomic Effects In The United States, Nya Bryant, Kate Perry

Honors College Theses

How does racial discrimination negatively impact citizens in the US regardless of racial identity? There have been many deaths that have resulted from law enforcement interaction with Black citizens, such as George Floyd and Sandra Bland among countless others, and each of these deaths have negatively impacted the overall community in which they happened. Events such as these have caused many protests and movements to be sparked such as the Black Lives Matter movement and have resulted in an uprising of citizens demanding change, yet not all citizens recognize how police brutality incidents impact their own lives. In this project, …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context.

My legal history bridges …

Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt

Honors Theses

This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The successes …

The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang

Scripps Senior Theses

This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.

Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio

CMC Senior Theses

The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …