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- All Subjects: Law
- Creators: Dean, W.P. Carey School of Business
Prior research finds that political interests turn to the state courts for two reasons: The structure of law creates a legal incentive and the political interests have access to state level resources, e.g. attorneys skilled in the laws of a state. Yet, there appear to be important gaps in existing theory. A distinction between state and national political interests is seemingly important. State political interests are embedded within their state political communities; consequently these interests should have strong attachments with their respective state courts. Also, state political interests can be expected to select courts on the basis of political ideology and state judicial selection methods. Prior research has shown the connection between these factors and judicial decision-making, but not interest group participation.
To examine these areas of uncertainty, this research collected more than 3500 observations of the participation of political interests in the American courts. Two legal areas were selected: eminent domain and marriage equality. Ultimately, this study finds that state political interests develop strong attachments to their respective state courts and are more likely to enter into the state courts than their nationally-oriented counterparts. This research also finds that judicial ideology and state judicial selection both influence the decision to enter into the state courts. This shows a relationship between these factors and the decision to enter into the state courts. It also suggests that these factors not only affect the choices that judges make, but other actors as well, including political interests.
Brundtland’s definition of sustainability is the ability to “meet the needs of the present without compromising the ability of future generations to meet their needs” (IISD, 2021). But what if there are no future generations? Social sustainability, the sector of sustainability that foregrounds the well-being and livelihoods of people (and thereby continuation of humanity), is included in definitions within the sustainability field, but less developed in sustainability practice. In an effort to bridge this gap of knowledge, 14 U.S. cities and over 100 sustainability policies were analyzed for their social sustainability performance. An eight-item analytical framework that deals with differing areas of social equity guided the analysis. Results found that most cities’ sustainability departments fell short of truly addressing social sustainability concerns. Out of the eight items, the most frequently addressed were housing security and racial and gender equality whereas few, if any, cities addressed the more specific social concerns of immigration, technology and media, or arts/cultural preservation. Future research is recommended to gain a better understanding of the ways existing cities can improve in this area.
This paper analyzes the economic, legal, and social aspects of the legal cannabis industry in the United States. These analyses include the history, current status, and future of all three components, all with an emphasis on reforming the existing systems in place in order to achieve the most beneficial cannabis industry possible. Many reformative legal implications are made, stressing the importance of decriminalizing cannabis, releasing nonviolent and cannabis-related criminals from prison, and expunging their criminal records. The paper places a heavy emphasis on the importance of designing the legal system to be fair and equal across all racial and ethnic groups, given that people of color have been hit the hardest in terms of cannabis-related issues. Economic components such as tax design and access to proper financial institutions are also included, as well as the social implications that have both gone into and are a product of the long-standing war on drugs. While there is no comprehensive solution for how to fix every aspect of the industry, this paper highlights key aspects to be aware of in the design stages of potential federal legalization.
The United States Supreme Court decided Ramos v. Louisiana in 2020, requiring all states to convict criminal defendants by a unanimous jury. However, this case only applied to petitioners on direct, and not collateral, appeal. In this thesis, I argue that the Ramos precedent should apply to people on collateral appeal as well, exploring the implications of such a decision and the criteria that should be used to make the decision in the case before the court, Edwards v. Vannoy (2021). Ultimately, I find that because the criteria currently used to determine retroactivity of new criminal precedents does not provide a clear answer to the question posed in Edwards, the Court should give more weight to the defendant's freedoms pursuant to the presumption of innocence while considering the potential for any disastrous outcomes.
This paper conducts an exploration of the election policy reaction to the COVID-19 pandemic within the United States. While living through and voting during the real-time events which took place during the COVID-19 Pandemic of 2020, it soon became evident that there was not enough experience from earlier election emergencies to properly ensure against voter disenfranchisement. Given the scope of the global pandemic and the speed with which policymakers had to act, there was very little time to properly prepare. There was also great contention regarding the legitimacy of election methods proposed to alleviate in-person election concerns, such as mail-in voting. The political battle between those who believed COVID-19 to be a grave concern against those who did not consider COVID-19 to be a legitimate threat towards their livelihoods also affected policymaking decisions. Policymakers were forced into a corner, as they experienced criticism for not enough government action, as well as disapproval on the actual regulation that came to pass. This paper therefore aims to understand what factors led to the decisions which shaped the election policy which occurred as a reaction to the COVID-19 pandemic during the election year of 2020. This analysis is conducted by considering the following: prior election emergency policy; the development of reactive election policy in March, proactive policy established for the August and November elections; and a review of voter disenfranchisement which occurred due to COVID-19.