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Articles 1 - 9 of 9
Full-Text Articles in Legal Theory
Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy
Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy
Journal of Humanistic Mathematics
Pirates have taken the crew of an American ship hostage. They promise to release the hostages only if another pirate who is held in an American prison for commission of piracy crimes against American citizens, is released. Should the U.S. government enter into negotiations with them? Should they send armed forces and risk the hostages? Should they release the prisoner immediately and unconditionally? The article models and analyzes possible policies regarding sensitive situations involving hostages and other related risks using differential equations. The solutions are surprisingly simple, but not necessarily intuitive. Our analysis aims to demonstrate how powerful mathematics is …
Identifying The Main Causes For Support Of Crime Control Theater Forms, And Understanding How To Correct The Public’S Perception, Erisjames M. Elliott
Identifying The Main Causes For Support Of Crime Control Theater Forms, And Understanding How To Correct The Public’S Perception, Erisjames M. Elliott
CMC Senior Theses
Much research has been completed on the forms of crime control theater (CCT), and the impact that the existence of CCT laws have on society. Research on CCT laws has shown that they are definitively unsuccessful in providing the safety they were created to provide. This thesis will utilize completed research to explain the main psychological phenomena holding people back from decreasing their support for CCT laws. It will also describe proven methods of correcting misinformation in order to change the perceptions of people who support crime control theater laws, and provide suggestions for how research should be continued.
The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi
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 …
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
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
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 …
A Critical Analysis Of Humanitarian Intervention As A Source Of Reputational Credibility, Margaux Arntson
A Critical Analysis Of Humanitarian Intervention As A Source Of Reputational Credibility, Margaux Arntson
CMC Senior Theses
Since his election into office, a cloud of uncertainty has surrounded President Trump’s foreign policy ambitions. Much of today’s scholarship concerns its unpredictable nature and scope. President Trump, like previous presidents who have come before him, entered office with very little foreign policy experience. A key feature of his non-principled, fast-alternating foreign policy is that few people know exactly what he is going to propose next in terms of his international strategy. Coupled with this strategy is Trump’s desire for international credibility and a strong reputation. This desire seems fundamentally at odds with his foreign policy strategy, as Trump proposes …
A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen
A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen
Scripps Senior Theses
The cultural defense is an informal term that describes the use of cultural information to mitigate criminal responsibility, often used in conjunction with traditional defense strategies such as provocation or insanity. Arguments for the cultural defense include respecting cultural practices under the liberal narrative that frames the United States as a multicultural and pluralistic society. Advocates of the cultural defense recognize the harmful effects of the false universalism of the law. However, the cultural defense has been criticized as essentialist and harmful as it has been used in high profile cases to justify violence against women of color. The cultural …
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton
CMC Senior Theses
This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
CMC Senior Theses
Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …