Matching Items (15)

Resistance to Repeal: Abortion Legislation in Ireland

Description

This paper conducts an exploration of abortion legislation in Ireland through a Political Science lens. The existence of extremely harsh abortion laws in Ireland's constitution, with the procedure illegal except

This paper conducts an exploration of abortion legislation in Ireland through a Political Science lens. The existence of extremely harsh abortion laws in Ireland's constitution, with the procedure illegal except when the mother's life is at risk, appears to endure in juxtaposition with the country's status as progressive and highly developed with most other issues. Most notably, Ireland made history in 2015 as the first country in the world to legalize same-sex marriage by popular vote. This paper therefore aims to understand what factors have caused Ireland's abortion laws to perpetuate, and what the future of this legislation may be. This analysis is conducted by considering the following: Ireland in comparative perspective; the framework of abortion legislation; significant legal cases; the roles of the Catholic Church, interest groups, and public opinion; the referendum process in Ireland; and current and recent developments. The research and evaluation in this paper reveal that Ireland stands distinctly as an outlier among similar highly-developed European countries, even those with strong religious ties. Moreover, the Catholic Church continues to hold sway with abortion issues in the country due to widespread identification of Irish citizens as "culturally Catholic," exacerbated by the Church's majority control of the education system. Nevertheless, public opinion polls show a majority of the population support repealing the Eighth Amendment, the constitutional clause that severely restricts abortion access. However, this growing support for progress has not translated into real legal change because the referendum process must be initiated and majority-approved by Irish Parliament, which has been controlled by conservative parties for the last twenty years. Therefore, as the pro-choice movement continues surging in Ireland, the greatest hope seems to lie in the 2021 general election, during which abortion will likely play a larger role as a policy issue and young citizens witnessing this call to action will be newly eligible to vote.

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Created

Date Created
  • 2016-12

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The Emergence of the State Solicitor General

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The state solicitor general is quickly becoming a major player in appellate litigation, as state after state introduces an appellate specialist. Nonetheless, the office’s precipitous rise has received little attention

The state solicitor general is quickly becoming a major player in appellate litigation, as state after state introduces an appellate specialist. Nonetheless, the office’s precipitous rise has received little attention from academia, especially when compared to the attention received by the state solicitor’s federal counterpart, the U.S. Solicitor General. After describing the role of the state solicitor and its importance in the American federal system, this paper will show how the state solicitor grew through diffusion among the states, and how internal determinants led to states creating two main types of state solicitors. I begin with describing what and who the state solicitor is.

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Created

Date Created
  • 2020-05

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Uncovering Covert Aspects of the Presidential Debate

Description

Political debates are essential. They are critical components of the democratic process. Debates in the United States of America encourage constructive discussion about the role of government, the actions of

Political debates are essential. They are critical components of the democratic process. Debates in the United States of America encourage constructive discussion about the role of government, the actions of individuals in positions of authority, and the future of the nation. During the presidential debate, voters are given the opportunity to understand in detail candidates' platforms and where politicians stand on the hot-button issues of the time. Of course, what politicians say during debates is important. How important, then, is what the politicians do not say? Uncovering Covert Aspects of the Presidential Debate focuses on presidential candidates’ nonverbal communication tendencies, not actual words spoken, through an examination of a sample of presidential debates. Research contains the implementation of a focused analytical method with the objective of formulating a better understanding of how the general population forms perceptions about presidential candidates. Findings include interesting information about psychology, communication, and politics as well as a number of answers to the question of how nonverbal communication affects presidential debates. Politicians involved in the research are Bernie Sanders, Joe Biden, Donald Trump, Hillary Clinton, Barack Obama, and Mitt Romney. This research describes how these candidates behave and draws conclusions about trends in the body language of American politicians. No longer will the covert aspects of the presidential debate, which is viewed not only by millions of Americans but also by many individuals in other countries, remain a mystery. The truth behind what matters and what does not matter in the political debate has been established.

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Created

Date Created
  • 2020-05

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Polarization in the Supreme Court Nomination Processes of Merrick Garland, Neil Gorsuch, and Brett Kavanaugh

Description

Political polarization is the coalescence of political parties -- and the individuals of which parties are composed -- around opposing ends of the ideological spectrum. Political parties in the United

Political polarization is the coalescence of political parties -- and the individuals of which parties are composed -- around opposing ends of the ideological spectrum. Political parties in the United States have always been divided, however, in recent years this division has only intensified. Recently, polarization has also wound its way to the Supreme Court and the nomination processes of justices to the Court. This paper examines how prevalent polarization in the Supreme Court nomination process has become by looking specifically at the failed nomination of Judge Merrick Garland and the confirmations of now-Justices Neil Gorsuch and Brett Kavanaugh. This is accomplished by comparing the ideologies and qualifications of the three most recent nominees to those of previous nominees, as well as analysing the ideological composition of the Senate at the times of the individual nominations.

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Created

Date Created
  • 2020-05

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Preserving Democracy in 2020: An Examination of Policy Action within the United States during the COVID-19 Pandemic

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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

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.

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Created

Date Created
  • 2021-05

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A Research Review of The Trials and Errors of Predictive Policing

Description

The era of mass data collection is upon us and only recently have people begun to consider the value of their data. All of our clicks and likes have

The era of mass data collection is upon us and only recently have people begun to consider the value of their data. All of our clicks and likes have helped big tech companies build predictive models to tailor their product to the buying patterns of the consumer. Big data collection has its advantages in increasing profitability and efficiency, but many are concerned about the lack of transparency in these technologies (Dwyer). The dependency on algorithms to make and influence decisions has become a growing concern in law enforcement. The use of this technology is commonly referred to as data-driven decision making, which is also known as predictive policing. These technologies are thought to reduce the biases held in traditional policing by creating statistically sound evidence-based models. Although, many lawsuits have highlighted the fact that predictive technologies do more to reflect historical bias rather than to eradicate it. The clandestine measures behind the algorithms may be in conflict with the due process clause and the penumbra of privacy rights enumerated in the First, Third, Fourth, and Fifth Amendments. <br/> Predictive policing technology has come under fire for over policing historically black and latinx neighborhoods. GIS (Geographical Information Systems) is supposed to help officers identify where crime will likely happen over the next twelve hours. However, the LAPD’s own internal audit of their program concluded that the technology did not help officers solve crimes or reduce crime rate any better than traditional patrol methods (Puente). Similarly, other types of tools used to calculate recidivism risk for bond sentencing are disproportionately biased to calculate black people as having a higher risk to reoffend (Angwin). Lawsuits from civil liberties groups have been filed against the police departments that utilized these technologies. This paper will examine the constitutional pitfalls of predictive technology and propose ways that the system could work to ameliorate its practices.

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Created

Date Created
  • 2021-05

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Modern Threats to American Democracy: A Study of 21st-Century Declines in Civic Engagement

Description

This project offers an argument that isolates several major forces that it contends pose a critical threat to the endurance of modern American democracy. It evaluates modern and classic political

This project offers an argument that isolates several major forces that it contends pose a critical threat to the endurance of modern American democracy. It evaluates modern and classic political philosophy to identify the prerequisites for a stable democracy, identifying and defining voter education and participation as necessary contributors to civic engagement. It provides a socio-legal framework for evaluating four phenomena that have shifted in their impact on politics over the past 20 years: the roles of money and media in politics, as well as disenfranchisement by gerrymandering and by felon voting restrictions. It demonstrates how each has a new and worsening impact on voter education and/or participation, thus threatening the continued existence of modern American democracy.

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Created

Date Created
  • 2021-05

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Modern Threats to American Democracy: A Study of 21st-Century Declines in Civic Engagement

Description

This project offers an argument that isolates several major forces that it contends pose a critical threat to the endurance of modern American democracy. It evaluates modern and classic political

This project offers an argument that isolates several major forces that it contends pose a critical threat to the endurance of modern American democracy. It evaluates modern and classic political philosophy to identify the prerequisites for a stable democracy, identifying and defining voter education and participation as necessary contributors to civic engagement. It provides a socio-legal framework for evaluating four phenomena that have shifted in their impact on politics over the past 20 years: the roles of money and media in politics, as well as disenfranchisement by gerrymandering and by felon voting restrictions. It demonstrates how each has a new and worsening impact on voter education and/or participation, thus threatening the continued existence of modern American democracy.

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Created

Date Created
  • 2021-05

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The Retroactive Application of Ramos

Description

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

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.

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Created

Date Created
  • 2021-05

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Scrutinizing Gender Discrimination: Should Courts Protect Gender with Suspect Classification?

Description

Suspect classification is a judicial process by which classes of people are determined as either suspect, quasi-suspect, or not suspect at all due to a combination of five factors: 1)

Suspect classification is a judicial process by which classes of people are determined as either suspect, quasi-suspect, or not suspect at all due to a combination of five factors: 1) minority status, 2) discrimination history, 3) political powerlessness, 4) an immutable trait, and 5) trait relevance as it relates to a discriminatory law in question. Laws that discriminate against a suspect class become immediately subject to strict scrutiny while most discriminatory laws only need to pass a rational basis test. Craig v. Boren (1976) established a precedent for the class of sex, which thereafter became subject to an intermediate level of scrutiny as a quasi-suspect class. With a more visible distinction between sex and gender today, this study seeks to determine whether gender rather than sex may become protected through heightened scrutiny by applying factors for suspect classification. In a call for heightened scrutiny for both gender and sex, this thesis argues that the suspect classification of both classes should include combinations of subclasses between gender, sex, and any other protected class. The central thesis employs a content analysis of case law, statutory law, and administrative law as it discriminates against classes of people with varying protection under the court system in the United States. In the question of whether courts should protect gender with suspect classification, the main argument calls for such action but if and only if an intersectional approach to protecting gender along with sex at a heightened level of judicial scrutiny is applied by individual judges on higher courts of review.

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Created

Date Created
  • 2018-05