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Full-Text Articles in Legal Theory

Identifying The Main Causes For Support Of Crime Control Theater Forms, And Understanding How To Correct The Public’S Perception, Erisjames M. Elliott Jan 2023

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 Jan 2020

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 …


Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio Jan 2019

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 Jan 2018

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 …


The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

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 Jan 2011

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 …