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Title: A Defendant's Sixth Amendment Right to Jury Nullification.
Creator: Smith, Jeremiah Shank, Tunick, Mark, Harriet L. Wilkes Honors College
Abstract/Description: Jury nullification is defined as a "Jury's knowing and deliberate rejection of the evidence, or refusal to apply the law" (Black's Law Dictionary). Originally, U.S. jurisprudence recognized a juror's power to nullify a law as a necessary element of an impartial jury. However, U.S. courts have since been evolving an increasingly prohibitive stance regarding jury nullification. After careful examination of common law, U.S. case law, and analysis of legal and political theories which shaped the...
Show moreJury nullification is defined as a "Jury's knowing and deliberate rejection of the evidence, or refusal to apply the law" (Black's Law Dictionary). Originally, U.S. jurisprudence recognized a juror's power to nullify a law as a necessary element of an impartial jury. However, U.S. courts have since been evolving an increasingly prohibitive stance regarding jury nullification. After careful examination of common law, U.S. case law, and analysis of legal and political theories which shaped the U.S. judicial system, I argue that a defendant's sixth amendment right will always be violated when a jury is prohibited from knowing its power of nullification and/or when a juror is reprimanded for exercising the nullification power.
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Date Issued: 2016
PURL: http://purl.flvc.org/fau/fd/FA00003693
Format: Document (PDF)

Title: Privacy as an Atmosphere of Freedom.
Creator: Faris, Andrew, Tunick, Mark, Harriet L. Wilkes Honors College
Abstract/Description: One of the great challenges of liberal society is determining the balance between the interests of society and individual freedom. Courts often have a difficult choice between conflicting interests like privacy and freedom of speech. When this happens, it is important that courts do not overlook one of these vital interests in favor of another that may be equally important but less understood. The philosopher John Stuart Mill is a well-known advocate of complete freedom of speech, so much so...
Show moreOne of the great challenges of liberal society is determining the balance between the interests of society and individual freedom. Courts often have a difficult choice between conflicting interests like privacy and freedom of speech. When this happens, it is important that courts do not overlook one of these vital interests in favor of another that may be equally important but less understood. The philosopher John Stuart Mill is a well-known advocate of complete freedom of speech, so much so that he has been quoted to this effect by the Supreme Court, which has valued free speech over privacy. However, Mill would not necessarily sacrifice privacy for freedom of speech. Privacy is of great importance both explicitly and implicitly in Mill’s philosophy because it protects a sphere in which individuals can act freely, determine, and implement their lifestyle. Mill would take great care not to damage either of these interests.
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Date Issued: 2016
PURL: http://purl.flvc.org/fau/fd/FA00003670
Format: Document (PDF)

Title: The First Amendment & the Madisonian Dilemma - Freedom from Persecution for the Cause of Conscience by the State.
Creator: Louis, Claudel, Tunick, Mark, Harriet L. Wilkes Honors College
Abstract/Description: In health care cases involving children, people are still vulnerable to religious persecution in this country, particularly in the State of Florida, because the public officials responsible for securing and enforcing the laws tend to lend the prestige of their offices to advance the private and special interests of themselves and others at the expense of minority groups. Following a literary review of the laws that provide for the free exercise of religion nationally and in the State of...
Show moreIn health care cases involving children, people are still vulnerable to religious persecution in this country, particularly in the State of Florida, because the public officials responsible for securing and enforcing the laws tend to lend the prestige of their offices to advance the private and special interests of themselves and others at the expense of minority groups. Following a literary review of the laws that provide for the free exercise of religion nationally and in the State of Florida, I apply case law to a hypothetical case, based on true facts concerning parents who are African American, Jehovah's Witness and Muslim, who refused certain medical treatment for their minor child according to their beliefs to show how public officials can abuse their powers and neglect their duties and substantially burden the free exercise of religion by minority groups and address possible remedies.
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Date Issued: 2016
PURL: http://purl.flvc.org/fau/fd/FA00003681
Format: Document (PDF)

Title: Plea bargaining, coercion, and fairness.
Creator: Jimenez, James R., Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: The process of plea bargaining in the American legal system has long been criticized for being coercive. I use Robert Nozick’s criteria for coercion to show that plea bargaining is not inherently coercive. However, prosecutors can introduce coercion into the process, and the possibility of uneven introduction of coercion in offering pleas makes the system of plea bargaining unfair. However, that plea bargaining can be unfair and often coercive does not mean that it must be abolished. Although...
Show moreThe process of plea bargaining in the American legal system has long been criticized for being coercive. I use Robert Nozick’s criteria for coercion to show that plea bargaining is not inherently coercive. However, prosecutors can introduce coercion into the process, and the possibility of uneven introduction of coercion in offering pleas makes the system of plea bargaining unfair. However, that plea bargaining can be unfair and often coercive does not mean that it must be abolished. Although the current state of plea bargaining is not ideal and does result in unfairness for many, there does not seem to be any viable options to radically reform the process at this time without losing efficiency, though standardizing some plea offers while leaving the discretion of whether to offer pleas to the prosecution could help remove some of the coerciveness and unfairness
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Date Issued: 2011
PURL: http://purl.flvc.org/fau/fd/FA00003587
Format: Document (PDF)

Title: Implementing Brown v. Board: an evaluation of the success of desegregation at Suncoast High School.
Creator: Moore, Travis, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: In 1954 a unanimous Supreme Court ruled that maintaining separate schools for white and black students was inherently unequal. Following the decision, school boards across the nation struggled to determine what desegregation meant for their schools. This research focuses on the history of desegregation at Suncoast High School, in Riviera Beach, FL, paying specific attention to the respective goals of the various stakeholders. The goals are discerned by drawing on official documents, newspaper...
Show moreIn 1954 a unanimous Supreme Court ruled that maintaining separate schools for white and black students was inherently unequal. Following the decision, school boards across the nation struggled to determine what desegregation meant for their schools. This research focuses on the history of desegregation at Suncoast High School, in Riviera Beach, FL, paying specific attention to the respective goals of the various stakeholders. The goals are discerned by drawing on official documents, newspaper articles and interviews. After weighing the goals of each stakeholder against the current state of desegregation at Suncoast I argue that only some goals have been met. I conclude that while the goals of the national stakeholders, school board and local white parents have been met as of 2010, some goals of the local black community—most importantly, having a community high school for their children—have not been met.
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Date Issued: 2011
PURL: http://purl.flvc.org/fau/fd/FA00003596
Format: Document (PDF)

Title: Do airport full-body scanners violate fourth amendment rights when used as primary search mechanisms?.
Creator: Carbon, Kevan, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: Full-body scanners are now being used as primary search mechanisms in airports, and this is causing much controversy, with groups such as the Electronic Privacy Information Center (EPIC) alleging that the scanners are unconstitutional. I address whether full-body airport scanners violate the Fourth Amendment when used as primary search mechanisms. Drawing on legal commentary and court cases, involving airport security and administrative searches, and exceptions to general warrant requirements...
Show moreFull-body scanners are now being used as primary search mechanisms in airports, and this is causing much controversy, with groups such as the Electronic Privacy Information Center (EPIC) alleging that the scanners are unconstitutional. I address whether full-body airport scanners violate the Fourth Amendment when used as primary search mechanisms. Drawing on legal commentary and court cases, involving airport security and administrative searches, and exceptions to general warrant requirements, I argue that when full-body scanners are used as primary search mechanisms, no Fourth Amendment rights are violated, but only if it is established that the scanners are effective and safe.
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Date Issued: 2011
PURL: http://purl.flvc.org/fau/fd/FA00003570
Format: Document (PDF)

Title: Don‘t Shoot: Police Privacy and Accountability in the Digital Age.
Creator: Canfield, Jory, Tunick, Mark, White, Daniel, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: This paper examines how technological developments in widely used recording devices and social networking sites have impacted scrutiny of police action. ―Police brutality‖ videos are becoming a popular trend on the internet, but various anti-wiretapping statutes have been interpreted to make such recordings illegal. Several case studies will be used, with a focus on Anthony Graber. Twelve states have strict anti-wiretapping statutes, three of which (Massachusetts, Illinois, and Oregon) are...
Show moreThis paper examines how technological developments in widely used recording devices and social networking sites have impacted scrutiny of police action. ―Police brutality‖ videos are becoming a popular trend on the internet, but various anti-wiretapping statutes have been interpreted to make such recordings illegal. Several case studies will be used, with a focus on Anthony Graber. Twelve states have strict anti-wiretapping statutes, three of which (Massachusetts, Illinois, and Oregon) are notably strict. This paper evaluates the constitutionality of these laws by looking to existing case law, as well as the First and Fourth Amendments of the U.S. Constitution. In light of First Amendment free speech protections, the anti-wiretapping statutes of the three states in question should be illegal; however, this paper will also explore the specific problems presented by video-sharing websites like YouTube to determine when and why police officers do have privacy rights that outweigh constitutional guarantees to free speech.
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Date Issued: 2011
PURL: http://purl.flvc.org/fau/fd/FA00003568
Format: Document (PDF)

Title: The death of privacy: an empirical analysis of fourth amendment jurisprudence.
Creator: Mathieu, Wesley, Tunick, Mark, Earles, Julie, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: Privacy as a legal concept affects every single American citizen whether they know it or not. Justice Harlan's concurrence in Katz v. United States, 389 U.S. 347 defined an expectation of privacy as one that society must recognize as objectively reasonable. The court has used this doctrine to establish different privacy tests for different situations, yet has never empirically determined whether its decisions accurately reflect society's view of what is 'reasonable.' To that end, this paper...
Show morePrivacy as a legal concept affects every single American citizen whether they know it or not. Justice Harlan's concurrence in Katz v. United States, 389 U.S. 347 defined an expectation of privacy as one that society must recognize as objectively reasonable. The court has used this doctrine to establish different privacy tests for different situations, yet has never empirically determined whether its decisions accurately reflect society's view of what is 'reasonable.' To that end, this paper will examine the philosophical and historical origins of the right to privacy, and well as its development by the Supreme Court to its current status. I'll compare the Supreme Court's interpretation of society's expectations with empirical data from psychological studies and conduct a normative analysis to determine if the Supreme Court has accurately interpreted society's expectations and correctly crafted the right to privacy to ideally protect the citizens and limit state invasions of privacy.
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Date Issued: 2011
PURL: http://purl.flvc.org/fau/fd/FA00003593
Format: Document (PDF)

Title: The case of the finals tree: how constitutional issues can be resolved outside of the courtroom.
Creator: LoPiccolo, Alicia, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: In December of 2005, members of the Harriet Wilkes Honors College voiced objections over the erection of a Finals Tree, a faculty and staff endorsed pine tree that held various snacks for students during finals weeks. In an email, the tree was accidentally called a Christmas tree, which it did resemble. One faculty who objected deemed the tree unconstitutional because he felt the university was endorsing a particular religion and was acting unethically. I examine the history of the Finals...
Show moreIn December of 2005, members of the Harriet Wilkes Honors College voiced objections over the erection of a Finals Tree, a faculty and staff endorsed pine tree that held various snacks for students during finals weeks. In an email, the tree was accidentally called a Christmas tree, which it did resemble. One faculty who objected deemed the tree unconstitutional because he felt the university was endorsing a particular religion and was acting unethically. I examine the history of the Finals tree tradition, evaluate its constitutionality according to Supreme Court precedent, and examine whether its display violates the rights of those opposed to the tree according to democratic theory. I conclude that the erection of the tree is constitutional; however, according to democratic theory, the Honors College acted in an ethical way by creating a compromise that replaced the pine tree with a palm tree, a tree with no religious connotations.
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Date Issued: 2011
PURL: http://purl.flvc.org/fau/fd/FA00003592
Format: Document (PDF)

Title: PRIVACY AND THE RIGHT TO FREE SPEECH.
Creator: Uribe, Alejandra A., Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
Abstract/Description: Because of the nature of their jobs and lifestyles, public figures are more likely to suffer intrusive invasions into their private lives and cannot generally expect to receive privacy in public places. However, the right to respect for a person’s privacy and the right to freedom of expression are both vitally important rights. Drawing on a balancing test similar to that used by the European Court of Human Rights that attempts to give due weight to each right, I argue that, with matters that...
Show moreBecause of the nature of their jobs and lifestyles, public figures are more likely to suffer intrusive invasions into their private lives and cannot generally expect to receive privacy in public places. However, the right to respect for a person’s privacy and the right to freedom of expression are both vitally important rights. Drawing on a balancing test similar to that used by the European Court of Human Rights that attempts to give due weight to each right, I argue that, with matters that are considered to be private like medical issues, a right to free speech should not trump a celebrity’s right to privacy.
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Date Issued: 2015
PURL: http://purl.flvc.org/fau/fd/FA00013655
Format: Document (PDF)

Title: PROTECTING PRIVACY IN INTIMATE RELATIONSHIPS.
Creator: Goldstein, Jaclyn A., Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
Abstract/Description: I argue that when an individual enters into a relationship, they should be able to share private or embarrassing facts with their partner without fear of waiving their right to privacy: members of an intimate relationship have a moral obligation not to publish, whether orally or in writing, intimate information about one another to third parties. This moral obligation further extends to photographs or videos, and I focus on the case of revenge porn. I also argue that a legal obligation is...
Show moreI argue that when an individual enters into a relationship, they should be able to share private or embarrassing facts with their partner without fear of waiving their right to privacy: members of an intimate relationship have a moral obligation not to publish, whether orally or in writing, intimate information about one another to third parties. This moral obligation further extends to photographs or videos, and I focus on the case of revenge porn. I also argue that a legal obligation is necessary to protect an individual’s privacy interests. Currently, an individual’s privacy rights are protected by four privacy torts, including the publication of private facts tort. However, in many cases one’s First Amendment right to free speech outweighs one’s right to privacy and so I propose that individuals who enter into an intimate relationship should have an additional legal form of protection.
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Date Issued: 2014
PURL: http://purl.flvc.org/fau/fd/FA00013641
Format: Document (PDF)

Title: THE GARDENER’S LAMENT: REHABILITATION AND RESPONSIBILITY INSIDE LEAVENWORTH PRISON.
Creator: Bromell, Laccia, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
Abstract/Description: In this thesis, I assess the debate over whether inmates should have privileges as a means of rehabilitation within United States prison populations. I focus on the example of Carl Bowles, a convicted murderer residing in Leavenworth Prison, who was given a garden to tend, only to have it taken away by a new regime. My argument is twofold: I will first discuss the normative question of whether an inmate like Carl Bowles ought to be given his garden in the first place. I will then address the...
Show moreIn this thesis, I assess the debate over whether inmates should have privileges as a means of rehabilitation within United States prison populations. I focus on the example of Carl Bowles, a convicted murderer residing in Leavenworth Prison, who was given a garden to tend, only to have it taken away by a new regime. My argument is twofold: I will first discuss the normative question of whether an inmate like Carl Bowles ought to be given his garden in the first place. I will then address the empirical question of whether giving him the garden is beneficial to him and society. I unfold my argument by first discussing some central theories of punishment and then applying these theories to the distinct questions concerning treatment of inmates.
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Date Issued: 2015
PURL: http://purl.flvc.org/fau/fd/FA00013647
Format: Document (PDF)

Title: The Integration of Eastside High School.
Creator: McDonald, Parker, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
Abstract/Description: In the 1954 Supreme Court Case Brown v. Board of Education, the U.S. Supreme Court issued a unanimous ruling declaring that separate schools for white and black students was inherently unequal. This thesis will evaluate the goals of desegregation based on the Court’s writings, and the opinion of academic scholars. It will then look at the history of desegregation in Gainesville Florida, and specifically, Eastside High School. With this history in mind, I will determine whether or not the...
Show moreIn the 1954 Supreme Court Case Brown v. Board of Education, the U.S. Supreme Court issued a unanimous ruling declaring that separate schools for white and black students was inherently unequal. This thesis will evaluate the goals of desegregation based on the Court’s writings, and the opinion of academic scholars. It will then look at the history of desegregation in Gainesville Florida, and specifically, Eastside High School. With this history in mind, I will determine whether or not the goals of desegregation expressed by the court and these academic scholars have been met at Eastside. I will conclude that while the goal of desegregation (simply the removal codified segregation) has been met, the goal of integration (an active state intervention to remedy the effects of segregation) has not.
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Date Issued: 2014
PURL: http://purl.flvc.org/fau/fd/FA00013642
Format: Document (PDF)

Title: THE LIBERTY TO SELL SEX: THE CASE FOR REGULATION OF LEGAL PROSTITUTION IN THE UNITED STATES.
Creator: Croci, Gianni, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
Abstract/Description: Prostitution is a controversial service which went through periods of legalization and criminalization in American history. The main problem is a social taboo which considers prostitution to be morally wrongful and a social nuisance. After the Progressive Era, Congress outlawed sexual acts it deemed immoral using Commerce Clause powers. Since the sexual revolution of the 1960s, legislation regulating sex devolved to the states. Currently, prostitution is banned in forty-nine states. I argue...
Show moreProstitution is a controversial service which went through periods of legalization and criminalization in American history. The main problem is a social taboo which considers prostitution to be morally wrongful and a social nuisance. After the Progressive Era, Congress outlawed sexual acts it deemed immoral using Commerce Clause powers. Since the sexual revolution of the 1960s, legislation regulating sex devolved to the states. Currently, prostitution is banned in forty-nine states. I argue that prostitution should not be abolished because it is not inherently harmful, it is not an immoral act, and it has liberty interests found within the United States Constitution. The federal government should define prostitution as a legal activity between consenting adults, and the states should regulate the practice as it does other legitimate professions.
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Date Issued: 2020
PURL: http://purl.flvc.org/fau/fd/FA00003703
Format: Document (PDF)

Title: Funding the Fundamental Right to a Legal Defense.
Creator: Mello, Raven, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University, Vernon, Laura
Abstract/Description: The Sixth Amendment of the Constitution guarantees all United States citizens the right to a fair trial. However, that right has not been made equally accessible to all defendants in the criminal justice system due to the underfunding of Public Defender’s offices nationwide. This thesis examines the impact of this underfunding on indigent criminal defendants and analyzes social psychology research to understand the psychological biases that help explain this underfunding, and how they might...
Show moreThe Sixth Amendment of the Constitution guarantees all United States citizens the right to a fair trial. However, that right has not been made equally accessible to all defendants in the criminal justice system due to the underfunding of Public Defender’s offices nationwide. This thesis examines the impact of this underfunding on indigent criminal defendants and analyzes social psychology research to understand the psychological biases that help explain this underfunding, and how they might be overcome. Evidence suggests that the disproportionate government expenditure on the State Attorney and underfunding of the Public Defender has led to a skewed legal system that favors not only the prosecutor, but also the white, abled, and wealthy. I argue that to support a criminal justice system that aligns with the values of equality and justice, the Public Defender must be properly funded to fulfill its adversarial role.
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Date Issued: 2021
PURL: http://purl.flvc.org/fau/fd/FAUHT00151
Format: Document (PDF)

Title: Unequal Justice in Applying the United States Death Penalty.
Creator: Andrade, Camilla, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: Several studies reveal a connection between a victim’s skin color and the probability that their aggressor will receive the death penalty. Other studies conclude that a defendant’s race will be a factor in determining whether or not they are sentenced to capital punishment. Despite the evident racial discrimination that plagues capital cases, Ernest van den Haag contends that “unequal justice is still justice” and that if someone is guilty of a capital offense, they don’t deserve any less...
Show moreSeveral studies reveal a connection between a victim’s skin color and the probability that their aggressor will receive the death penalty. Other studies conclude that a defendant’s race will be a factor in determining whether or not they are sentenced to capital punishment. Despite the evident racial discrimination that plagues capital cases, Ernest van den Haag contends that “unequal justice is still justice” and that if someone is guilty of a capital offense, they don’t deserve any less punishment simply because the death penalty is applied disproportionately based on race. I argue, against van den Haag, that unequal justice violates defendants’ rights to due process. Even if a defendant is guilty, justice demands a fair system that protects defendants from systemic injustice and treats all victims and defendants equally.
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Date Issued: 2021
PURL: http://purl.flvc.org/fau/fd/FAUHT00134
Format: Document (PDF)

Title: Self-Driving Cars and the Value of Human Life.
Creator: Nissan, Madison, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: There are several different normative ethical frameworks one can use for determining or measuring the value of a human life, including deontological and utilitarian theories on how we ought to make decisions regarding which lives have more value. I intend to evaluate these frameworks and apply them to the problem of self driving cars, which pose both ethical and legal issues. These cars will have to be programmed to make decisions in the case of emergency situations, and the question of who...
Show moreThere are several different normative ethical frameworks one can use for determining or measuring the value of a human life, including deontological and utilitarian theories on how we ought to make decisions regarding which lives have more value. I intend to evaluate these frameworks and apply them to the problem of self driving cars, which pose both ethical and legal issues. These cars will have to be programmed to make decisions in the case of emergency situations, and the question of who and how we should be programming these vehicles to best promote the common good is a difficult one. I will argue that utilitarianism is the best way to make decisions in the case of choosing between 2 lives, and that self-driving cars should be programmed to do the least damage possible, even if that means sacrificing the life of the passenger. In addition, I will argue for the programming of self-driving cars to be uniform across manufacturers, with liability generally falling on the manufacturer in cases of injury or malfunction.
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Date Issued: 2021
PURL: http://purl.flvc.org/fau/fd/FAUHT00153
Format: Document (PDF)

Title: The Vexed Application of The Social Contract Theory on Black People.
Creator: Chichester, Aaron, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: The Social Contract details the liberties of members in society; those willing and able to consent to the contract were afforded the luxuries of protection and assistance through the government. I draw on the theory of Charles Mills in The Racial Contract, which argues that the black life was never intended to fit into the Social Contract. During the early stages of it’s inception, black people weren’t regarded as valid members who enter the contract. Disagreement about the validity of...
Show moreThe Social Contract details the liberties of members in society; those willing and able to consent to the contract were afforded the luxuries of protection and assistance through the government. I draw on the theory of Charles Mills in The Racial Contract, which argues that the black life was never intended to fit into the Social Contract. During the early stages of it’s inception, black people weren’t regarded as valid members who enter the contract. Disagreement about the validity of frustration felt by the Black community as a result of this exclusion has created a social and political divide. I document multiple instances in which black lives have been disregarded and undervalued. Drawing on John Locke’s Treatise of Two Governments regarding justified resistance when the government violates the Social Contract, I justify the resistance and outrage of the Black community and argue for a restructuring of another Social Contract, made to consider everyone.
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Date Issued: 2021
PURL: http://purl.flvc.org/fau/fd/FAUHT00165
Format: Document (PDF)

Title: Yes Douglas Husak, Drunk Driving is a Serious Offense.
Creator: Kurland, Brittany, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
Abstract/Description: Drunk driving is a serious offense, but often goes unnoticed because no harm is often caused by the person committing such a selfish act. Where there is an accident, fatal or minor, the individual is punished for driving while intoxicated. While many theorists believe that it is inappropriate to punish one who has a blood alcohol concentration (BAC) over the legal limit of .08%, I propose that regardless of the individual harming or not harming another, the person who is driving while...
Show moreDrunk driving is a serious offense, but often goes unnoticed because no harm is often caused by the person committing such a selfish act. Where there is an accident, fatal or minor, the individual is punished for driving while intoxicated. While many theorists believe that it is inappropriate to punish one who has a blood alcohol concentration (BAC) over the legal limit of .08%, I propose that regardless of the individual harming or not harming another, the person who is driving while intoxicated should face punishment. It should not matter if the driver did not show any signs of impairment or if they hurt anyone else while driving. Any person that goes behind the wheel impaired is at greater risk for hurting themselves or someone else at that time.
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Date Issued: 2020
PURL: http://purl.flvc.org/fau/fd/FA00003713
Format: Document (PDF)

Title: VOTER DISENFRANCHISEMENT AFTER SHELBY COUNTY: THE NEED TO RESUME FEDERAL PRECLEARANCE.
Creator: Kennedy, Jaylene, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
Abstract/Description: The Voting Rights Act of 1965 expanded the 14th and 15th amendments by outlawing the discriminatory practices adopted by many southern states to keep many African Americans from voting. Section 4(b) of the VRA required that states with a previous history of voter suppression obtain federal preclearance before enacting any new voting laws. In 2013, the Supreme Court held in Shelby County v. Holder that the coverage formula in section 4(b) was unconstitutional. I argue that Shelby County has...
Show moreThe Voting Rights Act of 1965 expanded the 14th and 15th amendments by outlawing the discriminatory practices adopted by many southern states to keep many African Americans from voting. Section 4(b) of the VRA required that states with a previous history of voter suppression obtain federal preclearance before enacting any new voting laws. In 2013, the Supreme Court held in Shelby County v. Holder that the coverage formula in section 4(b) was unconstitutional. I argue that Shelby County has opened the door to numerous recent efforts to restrict voting. While these restrictions have been justified to counter illegal voting, I argue that the removal of preclearance has led to restrictions on voting that do not facilitate the integrity of voting, but ‘suppress voting,’ and have a disparate impact on minorities.
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Date Issued: 2022
PURL: http://purl.flvc.org/fau/fd/FAUHT00234
Format: Document (PDF)

Florida Atlantic University (39)	+ -
Harriet L. Wilkes Honors College (31)	+ -
Harriet L. Wilkes Honors College (14)	+ -
Gray, Alan R. (2)	+ -
Vernon, Laura (2)	+ -

Vázquez, Miguel Ángel (2)	+ -
Andrade, Camilla (1)	+ -
Barroso, Jonathan Alexander (1)	+ -
Bleck, Renise (1)	+ -
Boeshaar, Case (1)	+ -
Bromell, Laccia (1)	+ -
Canfield, Jory (1)	+ -
Carbon, Kevan (1)	+ -
Chichester, Aaron (1)	+ -
Coppin, Shanece (1)	+ -
Croci, Gianni (1)	+ -
Donahoe, Seth (1)	+ -
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Goldstein, Jaclyn A. (1)	+ -
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