Legal Studies Commons^™

"We The People": Self-Governance And The Evolving Treatment Of Freedom Of Assembly In The United States, Josephine Savaria-Watson

CMC Senior Theses

This thesis looks to ground the importance of a vigorous right to assemble in the history of the United States. I argue that given the events of the last year, the current Supreme Court doctrine that limits assembly and association to expressive purposes is too restrictive and fundamentally misunderstands group rights. Instead, I argue that the Supreme Court must reinvigorate the right to assemble in order to protect democratic governance.

I begin with the history of assembly in the United States in Chapter II, which demonstrates how assemblies have been utilized by minority groups as a means to exercise political …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance

Seattle Journal of Technology, Environmental, & Innovation Law

Over the last decade, multiple initiatives have proposed that California should secede from the United States. This article examines the legal aspects of California secession and integrates that analysis with findings from an empirical study of public perceptions of such secession. There is no provision in the United States Constitution allowing states, or other political or geographical units, to secede unilaterally. The Civil War was fought to uphold this principle, and the United States Supreme Court confirmed it in its 1869 Texas v. White decision. Nevertheless, numerous instances of secession, both legal and extralegal, have occurred across human history, and …

An Understanding Of Prisons, Race, And Class In The United States, Seth Ketchum

Honors Projects

After a summer of protests sparked by police brutality, the United States remains divided on this most important issue. This paper will seek to contextualize this country’s situation to explain that these protests stem from a history of inequality, in order to argue against claims that the protests are unjustified. With a multidisciplinary approach, we can begin to observe just how unequal this country is and understand what drives so many people to protest during the middle of a global pandemic.

Backlogged Or Logjammed? An Analysis Of The Patterns That Surround The Rape Kit Backlog Across Jurisdictions, Elizabeth Dowd

Political Science Undergraduate Honors Theses

Untested rape kits sit in crime labs, hospitals, evidence lockers, or storage facilities untouched. In the worst-case scenarios, rape kits have been thrown out of police storage before the statute of limitations had expired. A major public policy problem is developing as these kits stack up and create a backlog. The primary problem with the rape kit backlog is that all victims are not receiving justice. To solve the problem, the backlog of rape kits needs further exploration and analysis. If a pattern can be established about why the problem is occurring, then policies can be constructed and implemented to …

Boroughs And The Badge: Local Contexts And Confidence In Police, Henry F. Goodson

Student Publications

As citizens interact with the police more than most civil servants, increasing the citizenry’s confidence in police is key to helping maintain rule of law and internal stability within a state. One of the key areas to be investigated in the pursuit of better police-community relations is on the impact of public services and housing on police legitimacy. Historically, American cities have been widely segregated based on race and income, especially in urban areas, which in turn alters the services available in those areas. The public services and the neighborhoods in which they are delivered are key parts of many …

David Versus Godzilla: Bigger Stones, Jerry Ellig, Richard Williams

Dickinson Law Review (2017-Present)

For four decades, U.S. Presidents have issued executive orders requiring agencies to conduct comprehensive regulatory impact analysis (RIA) for significant regulations to ensure that regulatory decisions solve social problems in a cost-beneficial manner. Yet experience demonstrates that agency RIAs often fail to live up to the standards enunciated in executive orders and Office of Management and Budget (OMB) guidance. The Office of Information and Regulatory Affairs (OIRA) oversees agency compliance with the executive orders, but OIRA is about half the size it was when it was established in 1980. Regulatory agency staff outnumber OIRA staff by a ratio of 3600 …

Book Review: A Citizen’S Guide To Impeachment, By Barbara Radnofsky, Wendy M. Rohleder-Sook

eJournal of Public Affairs

No abstract provided.

Many Forms Of Black Death: Coal Extraction, Transnational Activism And The Value Of Life In Colombia, Oscar H. Pedraza Vargas

Dissertations, Theses, and Capstone Projects

After the murder of the president and vice president of the coal union by paramilitaries in the department of Cesár, Colombia, the union is left adrift. Its fragility is only heightened when the person who decides to take over, is killed six months later. The union has been vocal on their critique of environmental destruction produced by coal and argues that their criticism is part of the reasons why they were targeted. Not far from there, in the department of Guajira, the conglomerate in charge of Cerrejón, the largest open-pit coal mine of South America, wants to divert a creek …

Immigrants And Crime, Daniel L. Stageman

Publications and Research

The gap between public perception of immigrant criminality and the research consensus on immigrants’ actual rates of criminal participation is persistent and cross-cultural. While the available evidence shows that immigrants worldwide tend to participate in criminal activity at rates slightly lower than the native-born, media and political discourse portraying immigrants as uniquely crime-prone remains a pervasive global phenomenon. This apparent disconnect is rooted in the dynamics of othering, or the tendency to dehumanize and criminalize identifiable out-groups. Given that most migration decisions are motivated by economic factors, othering is commonly used to justify subjecting immigrants to exploitative labor practices, with …

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..

Reflective Writing In Prisons: Rehabilitation And The Power Of Stories And Connections, Sandeep Kumar

VA Engage Journal

The United States has the highest rate of incarceration in the world. Even though the rate of crime is dropping, incarceration rates remain fairly steady. What’s more, recidivism (i.e., re-offending after conviction for other crimes) is also very high in the US. If offenders continue to offend, even after completing their sentences in a correctional system designed to address their underlying criminal activity, what is the point of having such a system? Can the system be made more accountable and better? Have we considered all the options for criminal reform? This article explores these questions using effective rehabilitation principles to …

Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt

Undergraduate Economic Review

According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary cities.

The Function Of The Hukou System In Post-Revolutionary China & Its Autonomous Regions, Joseph Kramer

Master's Theses

Over the course of more than two millennia the Hukou System has shifted in scope and purpose. In dynastic times it served as a mechanism of tax acquisition. In more recent years it has functioned as a method of census and land distribution. Today it holds a duplicitous function serving as both an economic and social control mechanism. The Hukou achieves this through controlling movement through a passport like system of internal registration. In simpler terms, think of the Hukou as an internal passport regulating movement while simultaneously holding all of your biometric data which is surveilled and controlled by …

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, …

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 federal …

The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson

Theses/Capstones/Creative Projects

The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …

Public Matters? Comparing Decision-Making By Appointed And Elected Prosecutors In Cases Of Deadly Use-Of-Force By Police In The Hartford Judicial District And Suffolk County, Andrew E. Dubsky

Honors Scholar Theses

This thesis dissects prosecutor discretion for appointed and elected prosecutors after a “catalyst” event shifts public opinion. Previous studies have shown that elected prosecutors are more likely to use discretion favoring the opinion of the public than their appointed counterparts (Bandyopadhyay 2014, Nelson 2014, and Valenti 2011). Because elected prosecutors are more likely to follow public opinion, they should also be more likely to respond to the demands of the public than their appointed counterparts. In effect, elected prosecutors are expected to be more likely to exercise discretion in their charging and prosecuting. To test this, I use the 2014 …

With Liberty And Justice For Some: How Felony Disenfranchisement Undermines American Democracy, Kiley Staufenbeil

Themis: Research Journal of Justice Studies and Forensic Science

This paper examines the damaging effects of felony disenfranchisement on American democracy. The premise of American democracy is to include citizens in government processes, thus, felony disenfranchisement is inherently anti-democratic. The first section analyzes the historical timeline of the origins and prominence of felony disenfranchisement dating back to Ancient Greece. The paper considers the legal standing of felony disenfranchisement by examining relevant court cases, such as Richardson v. Ramirez (1974). Following this, a case study of the states that practice distinct levels of felony disenfranchisement, ranging from the most punitive states to the most permissive, is presented. The paper then …

Hong Kong, Alvaro Harrison Hucker '22, Blake Barth '22, Philip Yi '22

Student Leadership Exchange (SLX)

The relationship between China and Hong Kong has been very tense for years ever since Britain allowed Hong Kong to become for 50 years in 1997, before the region would have to officially return to China. Knowing that their 50 years of having a self-governing body will end in 2047, Hong Kong citizens are constantly afraid of their rights. Now to add to the tension, China attempted to pass the Extradition Bill, which would have any citizen of Hong Kong, Taiwan, Macau who has committed a crime, be tried in China instead of where they live. This created an uproar …

You Don’T Need A Weatherman To Know Which Way The Wind Blows: The Prison Break Of Timothy Leary, Phoebe N. Holman

Young Historians Conference

This paper examines the revolutionary merit of the Weather Underground Organization’s prison break of LSD guru Timothy Leary. Was Leary truly an activist willing to risk everything to introduce the public to the healing powers of psychedelics? Or was he an unprofessional mad scientist using his students to further his own agenda? It also provides an explanation of how the WUO and other anti-war organizations like it brought the United States to the brink of a massive societal shift—and then disappeared.

Volume 12, Haleigh James, Hannah Meyls, Hope Irvin, Megan E. Hlavaty, Samara L. Gall, Austin J. Funk, Karyn Keane, Sarah Ghali, Antonio Harvey, Andrew Jones, Rachel Hazelwood, Madison Schmitz, Marija Venta, Haley Tebo, Jeremiah Gilmer, Bridget Dunn, Benjamin Sullivan, Mckenzie Johnson

Incite: The Journal of Undergraduate Scholarship

Introduction, Dr. Roger A. Byrne, Dean

From the Editor, Dr. Larissa "Kat" Tracy

From the Designers, Rachel English, Rachel Hanson

Immortality in the Mortal World: Otherworldly Intervention in "Lanval" and "The Wife of Bath's Tale" by Haleigh James

Analysis of Phenolic Compounds in Moroccan Olive Oils by HPLC by Hannah Meyls

Art by Hope Irvin

The Effects of Cell Phone Use on Gameplay Enjoyment and Frustration by Megan E. Hlavaty, Samara L. Gall, and Austin J. Funk

Care, No Matter What: Planned Parenthood's Use of Organizational Rhetoric to Expand its Reputation by Karyn Keane

Analysis of Petroleum Products for …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

How Factors Of State Supreme Court Retention Affect Votes To Overturn Precedent: How Do Different Factors Of State Supreme Court Composition Effect The Likelihood That Salient Cases Will Result In An Overturning Of Precedent?, Autumn N. Fosteson

Political Science Theses and Capstones

Since the establishment of individual states supreme courts, there has been debate on the best way to retain individual judges to their court. With five different forms of retention, each comes with their own set of outside forces that determine how a judge behaves while on the court. Some of these outside forces like a judge’s length of service on the court can also affect the decision to overturn a standing precedent, especially when the case captures great amounts of media attention. Salient cases are often more likely to result in an overturned precedent than other cases but outside factors …

Are Police Actions Towards African Americans Different From Other Races?, Colby King

Political Science Theses and Capstones

Research implies that African Americans and other minorities experience racial disparities in their encounters with police. Their white counterparts tend to not experience any racially driven disparity. Oftentimes this research does not use different characteristics while testing for racial disparity, leaving much more to be explored when researching police encounters among minorities. I will be using data from the United States Department of Justice, Bureau of Justice Statistics to test some of these characteristics. This study will test demographics regarding the citizens race and gender, as well as the nature of their police encounters. Using these demographics, we can find …

A Political Effect On Judicial Decision Making: Does Ideology Or Election Effect The Way Judges Decide?, Kaylynne Lyons

Political Science Theses and Capstones

Politics have shown to have a strong effect on most things in our country. There has been lots of research on our state judicial systems and their effects on judicial decisions. Judges have been accused of having underlying reasons to their decisions even though they are not supposed to. Past research has suggested that how the judge is retained has a small but relevant effect on judicial decision making. The literature review discusses effects of the state's system of judicial selection. That leads us to question more about political effects on decision making. I analyze how the ideology of a …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …