Legal Theory Commons^™

Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr

Capstone Showcase

My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson

Faculty and Staff Scholarship

In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

The Departure From The Original Intent Of The 14th Amendment, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers

Undergraduate Theses

From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …

Chatgpt As Metamorphosis Designer For The Future Of Artificial Intelligence (Ai): A Conceptual Investigation, Amarjit Kumar Singh (Library Assistant), Dr. Pankaj Mathur (Deputy Librarian)

Library Philosophy and Practice (e-journal)

Abstract

Purpose: The purpose of this research paper is to explore ChatGPT’s potential as an innovative designer tool for the future development of artificial intelligence. Specifically, this conceptual investigation aims to analyze ChatGPT’s capabilities as a tool for designing and developing near about human intelligent systems for futuristic used and developed in the field of Artificial Intelligence (AI). Also with the helps of this paper, researchers are analyzed the strengths and weaknesses of ChatGPT as a tool, and identify possible areas for improvement in its development and implementation. This investigation focused on the various features and functions of ChatGPT that …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss

Undergraduate Honors Theses

Americans spent $11.4 billion in their last federal election cycle but collectively, the United Kingdom and Canada only spent a little over $550 million in their last general elections. These three states have similarities in democratic governance, economic legacy, and common law legal system grouping but how did they become so separated in campaign finance regulations? Prior research in the field of international comparative campaign finance law is limited and primarily focuses on using political theories to describe the movement of laws toward deregulation or regulation. This research seeks to find what influences the creation, preservation, and deregulation of campaign …

Islands In The Sun: Lawfare And Great-Power Competition In The Indo-Pacific, Clayton T. Russo

Graduate Theses/Dissertations

This thesis examines the U.S.-Japan Mutual Defense Treaty and its future considering the recent developments in the international security environment. The 2018 National Defense Strategy brought back an emphasis on Great Power Competition, fundamentally transforming the role of U.S. alliances to address new challenges. In the 2021 budget, the Pacific Deterrence Initiative (PDI) has prioritized the People’s Republic of China as the number one pacing threat to theUnited States, drastically shifting international focus away from the Middle East and towards East Asia. In conjunction with funding new capabilities through the PDI, the U.S. will need to conceive new legal doctrines …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

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 …

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 …

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 …

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 …

Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer

Indiana Journal of Constitutional Design

This Article surveys intergovernmental institutions across federal states. Generally, these institutions offer meaningful cooperation for the different levels of government when addressing state problems. These institutions, however, often lack political authority to bind institutional members or implement authoritative state actions.

This Article proceeds in two general parts. First, this Article taxonomizes intergovernmental institutions across federal systems. Though few intergovernmental institutions are constitutionally mandated bodies, several federal states have enacted legislation to formalize these institutions while others simply utilize informal arrangements. This taxonomy will primarily discuss contemporary institutions within federal systems and focus exclusively on executive institutions. The taxonomy categorizes these …

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.

The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi

CMC Senior Theses

The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story, Kenneth Cooper Alexander

Antioch University Dissertations & Theses

This study tells the deep, rich story of Evelyn T. Butts, a grassroots civil rights champion in Norfolk, Virginia, whose bridge leadership style can teach and inspire new generations about political, community, and social change. Butts used neighbor-to-neighbor skills to keep her community connected with the national civil rights movement, which had heavily relied on grassroots leaders—especially women—for much of its success in overthrowing America’s Jim Crow system of segregation and suppression. She is best-known for her 1963 lawsuit that resulted in the U.S. Supreme Court’s 1966 decision to ban poll taxes for state and local elections, a democratizing event …

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this …