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- Title
- “EUROPEAN RIGHT TO BE FORGOTTEN: POLICY RAMIFICATIONS”.
- Creator
- Rodriguez, Celine, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
- Abstract/Description
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In 28 European countries, removing personal data from the Internet is as simple as filling out a form online by anyone claiming a ‘right to be forgotten’. Most decisions regarding data removal are left to companies who operate search engines like Google and Microsoft, with little judicial involvement beyond the appeals process. I analyze how removal of information from Internet search results may negatively affect historical accuracy, free speech and the public interest. I will argue that the...
Show moreIn 28 European countries, removing personal data from the Internet is as simple as filling out a form online by anyone claiming a ‘right to be forgotten’. Most decisions regarding data removal are left to companies who operate search engines like Google and Microsoft, with little judicial involvement beyond the appeals process. I analyze how removal of information from Internet search results may negatively affect historical accuracy, free speech and the public interest. I will argue that the European courts should have more involvement, and I propose alternative ways to implement the right to be forgotten that will be less overreaching than current policies. These suggestions aim to decrease the current number of data removal cases to provide a more manageable caseload for European courts to handle, and lessen the role played by companies such as Google in deciding whether or not to erase search engine results online.
Show less - Date Issued
- 2016
- PURL
- http://purl.flvc.org/fau/fd/FA00012606
- Format
- Document (PDF)
- Title
- ‘They’re Just Kids: The Case Against Adult Sentencing for Juvenile Offenders’.
- Creator
- Bleck, Renise, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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Nathaniel Brazill, when 13, fatally shot one of his schoolteachers. Brazill was tried as an adult and sentenced to 28 years in prison without the possibility of parole. Such harsh sentences for such young offenders seem drastic and unfair, therefore I argue that the juvenile justice system should take not a punitive but a rehabilitative approach to minors. I first discuss different theories of why society punishes and whether they apply to the way juveniles are punished today. Drawing on...
Show moreNathaniel Brazill, when 13, fatally shot one of his schoolteachers. Brazill was tried as an adult and sentenced to 28 years in prison without the possibility of parole. Such harsh sentences for such young offenders seem drastic and unfair, therefore I argue that the juvenile justice system should take not a punitive but a rehabilitative approach to minors. I first discuss different theories of why society punishes and whether they apply to the way juveniles are punished today. Drawing on research in psychology, I detail key cognitive differences between minors and adults to argue that juveniles have no place in adult correctional facilities as they are not designed to cater to the special needs of growing adolescents and expose them to harsher conditions than are found in juvenile facilities. Finally, I propose an alternative strategy that focuses more on prevention or the rehabilitation of convicted juveniles rather than punishing them.
Show less - Date Issued
- 2023
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00245
- Format
- Document (PDF)
- Title
- A Clash of Civilizations or a Clash of National Interests? The United States and its key role in the Middle East.
- Creator
- Boeshaar, Case, Steigenga, Timothy J., Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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Samuel Huntington has argued that the Islamic and Western worlds are at odds due to irreconcilable differences in culture and religion, and as a result both will form broad civilizations that will inevitably lead to conflict. Samuel Huntington's thesis in the "Clash of Civilizations" is incorrect because the United States is not at war with Islamic world; rather the conflicts involving the United States in the Middle East are driven by realist national and strategic interests of security, oil...
Show moreSamuel Huntington has argued that the Islamic and Western worlds are at odds due to irreconcilable differences in culture and religion, and as a result both will form broad civilizations that will inevitably lead to conflict. Samuel Huntington's thesis in the "Clash of Civilizations" is incorrect because the United States is not at war with Islamic world; rather the conflicts involving the United States in the Middle East are driven by realist national and strategic interests of security, oil, and domestic policy. The unprecedented recent wave of Arab revolutions in 2011 have made it more vital than ever to understand the true reasons for the United State's conflicts in the Middle East so that prudent future foreign policy decisions can be made.
Show less - Date Issued
- 2011
- PURL
- http://purl.flvc.org/fau/fd/FA00003562
- Format
- Document (PDF)
- Title
- A Defendant's Sixth Amendment Right to Jury Nullification.
- Creator
- Smith, Jeremiah Shank, Tunick, Mark, Harriet L. Wilkes Honors College
- Abstract/Description
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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.
Show less - Date Issued
- 2016
- PURL
- http://purl.flvc.org/fau/fd/FA00003693
- Format
- Document (PDF)
- Title
- AN INDEFINITE PUNISHMENT AFTER JUSTICE HAS BEEN SERVED: JONES V. GOVERNOR OF FLORIDA IS A FUNDAMENTALLY FLAWED DECISION.
- Creator
- Russo, Alexandra, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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The right to vote is a fundamental part of a representative democracy. As of 2020, 48 states have laws limiting a felon’s participation in the franchise, resulting in 5.2 million United States citizens being unable to vote. In 2018, Florida passed Amendment 4 with a 65% popular vote, allowing felons to be re-enfranchised after the terms of their sentence are completed. In 2019, the state enacted a law defining “terms of the sentence” to include court costs and fees, barring indigent felons...
Show moreThe right to vote is a fundamental part of a representative democracy. As of 2020, 48 states have laws limiting a felon’s participation in the franchise, resulting in 5.2 million United States citizens being unable to vote. In 2018, Florida passed Amendment 4 with a 65% popular vote, allowing felons to be re-enfranchised after the terms of their sentence are completed. In 2019, the state enacted a law defining “terms of the sentence” to include court costs and fees, barring indigent felons from regaining their constitutional right. In Jones v. Governor of Florida, Judge Pryor upheld this law. I critically evaluate the majority and concurring opinions. I will argue the opinion is flawed for failing to use intermediate scrutiny, and by appealing to social contract theory, and theories of punishment. I argue that the law not only fails to serve a legitimate governmental interest, but undermines democracy, perpetuates racial disparities, and makes felons an unequal party in the social contract solely because of their indigent status.
Show less - Date Issued
- 2022
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00214
- Format
- Document (PDF)
- Title
- DACA ELIGIBLE STUDENTS SHOULD NOT BE REMOVED FROM THIS COUNTRY AND SHOULD BE ELIGIBLE FOR ADVANTAGES LIKE FINANCIAL AID.
- Creator
- Vázquez, Selene C., Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
- Abstract/Description
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The United States is founded on the principles of liberty, democracy and equality. Many individuals leave their home countries in the hope of enjoying these American ideals. The young children who are brought along on the journey quickly assimilate, yet as they grow older society teaches them they are different. Deferred Action for Childhood Arrivals, an executive order, allows certain unauthorized immigrants who entered the country as minors to receive a renewable deferred action from...
Show moreThe United States is founded on the principles of liberty, democracy and equality. Many individuals leave their home countries in the hope of enjoying these American ideals. The young children who are brought along on the journey quickly assimilate, yet as they grow older society teaches them they are different. Deferred Action for Childhood Arrivals, an executive order, allows certain unauthorized immigrants who entered the country as minors to receive a renewable deferred action from deportation and a work permit. Drawing on legal scholarship and works of political theory, I argue that if these minors can prove they are people of good moral character, exemplary students and positively contribute to our society, then they should not be inhibited from pursuing higher education but rather should be afforded the same advantages as the rest of the children they grew up among.
Show less - Date Issued
- 2017
- PURL
- http://purl.flvc.org/fau/fd/FA00012644
- Format
- Document (PDF)
- Title
- DIGNITY AND RESPECT: THE AMERICAN CRIMINAL JUSTICE SYSTEM’S TREATMENT OF ITS PRISONERS.
- Creator
- Sealy, Renee Danielle, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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Notorious serial killer Jeffrey Dahmer terrorized and killed his victims in the 1980’s. Some argue that criminals like Dahmer who commit gruesome acts forfeit their right to be treated as a human being. I argue instead that while criminals like Dahmer should not be respected, they should be treated with dignity. Dignity is an inherent value assigned to a person because they are human beings. Respect, in the sense of admiration, is not inherently owed to all human beings. Respect is earned,...
Show moreNotorious serial killer Jeffrey Dahmer terrorized and killed his victims in the 1980’s. Some argue that criminals like Dahmer who commit gruesome acts forfeit their right to be treated as a human being. I argue instead that while criminals like Dahmer should not be respected, they should be treated with dignity. Dignity is an inherent value assigned to a person because they are human beings. Respect, in the sense of admiration, is not inherently owed to all human beings. Respect is earned, and can be forfeited by criminals as a result of their wrongdoings. I propose ways that the American criminal justice system should be reformed so that we still treat criminals with dignity even if we don’t respect them.
Show less - Date Issued
- 2023
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00274
- 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
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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.
Show less - 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
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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.
Show less - Date Issued
- 2011
- PURL
- http://purl.flvc.org/fau/fd/FA00003568
- Format
- Document (PDF)
- Title
- EYEWITNESS MEMORY: MANNER OF MOTION IN PERPETRATOR IDENTIFICATION.
- Creator
- Perry, Jonathan, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
- Abstract/Description
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Eyewitness testimony is a common form of evidence in the legal system. People generally identify suspects based on characteristics such as their appearance, clothes, voice, and even writing style. But what if you could identify someone based on the way they move (e.g., the way in which they walk)? To determine if identification based on movement would be practical and legally allowed, I examined the legal implications of identification that pertain to the Fifth Amendment, as well as the...
Show moreEyewitness testimony is a common form of evidence in the legal system. People generally identify suspects based on characteristics such as their appearance, clothes, voice, and even writing style. But what if you could identify someone based on the way they move (e.g., the way in which they walk)? To determine if identification based on movement would be practical and legally allowed, I examined the legal implications of identification that pertain to the Fifth Amendment, as well as the appropriate scientific applicability test based on movement. I also conducted an experiment to evaluate the reliability of such identifications based on movement.
Show less - Date Issued
- 2018
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00041
- Format
- Document (PDF)
- Title
- Factors of Voter Turnout: Effects of Habit, Social Pressure, and Gerrymandering on Voting Behavior.
- Creator
- Gibbons, Aubrie, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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Voter turnout is an essential metric for the health of a democracy; however, our nation has a particularly low rate of voter turnout. This thesis explores the relationship between turnout and three factors that may affect it: voting habit, social pressure, and gerrymandering. In an effort to understand and boost turnout, political scientists have studied whether gerrymandering may decrease turnout by lowering voter efficacy and confidence. While evidence for this theory remains unclear,...
Show moreVoter turnout is an essential metric for the health of a democracy; however, our nation has a particularly low rate of voter turnout. This thesis explores the relationship between turnout and three factors that may affect it: voting habit, social pressure, and gerrymandering. In an effort to understand and boost turnout, political scientists have studied whether gerrymandering may decrease turnout by lowering voter efficacy and confidence. While evidence for this theory remains unclear, studies of the formation of voting habit and effects of social influence imply that turnout efforts with a normative approach may be more effective in raising voter participation long-term.
Show less - Date Issued
- 2022
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00197
- Format
- Document (PDF)
- Title
- FORCED STERILIZATION: THE BLURRED LINE BETWEEN JUSTIFIED AND ILLEGITIMATE COERCION.
- Creator
- Román, Rosa M.E., Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
- Abstract/Description
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Ninety years ago, the United States Supreme Court ruled in favor of a Virginia statute allowing state actors to forcibly sterilize those with hereditary forms of intellectual disability, in Buck v. Bell. Fifteen years later, the Court readdressed the concept of compulsory sterilization in the 1942 case, Skinner v. Oklahoma. Skinner v. Oklahoma failed to overturn Buck v. Bell, and as a result, the Supreme Court left an opening for state actors to forcibly sterilize members of their population....
Show moreNinety years ago, the United States Supreme Court ruled in favor of a Virginia statute allowing state actors to forcibly sterilize those with hereditary forms of intellectual disability, in Buck v. Bell. Fifteen years later, the Court readdressed the concept of compulsory sterilization in the 1942 case, Skinner v. Oklahoma. Skinner v. Oklahoma failed to overturn Buck v. Bell, and as a result, the Supreme Court left an opening for state actors to forcibly sterilize members of their population. I consider the history of forced sterilization and the broad spectrum of views present today. In questioning if there’s a right to procreate, this thesis concentrates on various scenarios when compelling state interests are so strong that the infringement of that right may be warranted. If an individual were to waive that right, at what point should the means of coercion be deemed illegitimate?
Show less - Date Issued
- 2017
- PURL
- http://purl.flvc.org/fau/fd/FA00012635
- 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
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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.
Show less - Date Issued
- 2021
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00151
- Format
- Document (PDF)
- Title
- GUILTY BUT INSANE?: THE CASE OF JOHN HINCKLEY.
- Creator
- Coppin, Shanece, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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On March 30th, 1981, John Hinckley tried to assassinate President Ronald Reagan using a .22 caliber revolver. As a result, he wounded Reagan, Secret Service Agent Tim McCarthy, police officer Thomas Delahanty, and White House Press Secretary James Brady (who was left permanently disabled and died in 2014 from his gunshot injuries). Hinckley did so to grab the attention of Jodie Foster from the film Taxi Driver. Hinckley was found not guilty by reason of insanity and placed into psychiatric...
Show moreOn March 30th, 1981, John Hinckley tried to assassinate President Ronald Reagan using a .22 caliber revolver. As a result, he wounded Reagan, Secret Service Agent Tim McCarthy, police officer Thomas Delahanty, and White House Press Secretary James Brady (who was left permanently disabled and died in 2014 from his gunshot injuries). Hinckley did so to grab the attention of Jodie Foster from the film Taxi Driver. Hinckley was found not guilty by reason of insanity and placed into psychiatric care. I argue that Hinkley should be found guilty but insane under the retributive theory of punishment. After discussing Hinckley’s background leading up to the attempted assassination of Reagan, I explain two ethical theories of punishment (utilitarianism and retributivism). Then, I address how they would rule in Hinckley’s case. Lastly, I will defend the retributive theory, and argue that it would support a guilty but insane verdict.
Show less - Date Issued
- 2023
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00247
- Format
- Document (PDF)
- Title
- GUNS AND TIMES: ORIGINALISM AND THE UNITED STATES SUPREME COURT DECISION IN NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC. V. BRUEN, 597 U.S. ___ (2022).
- Creator
- Gray, Haven, Tunick, Mark, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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The recent United States Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), written by Justice Clarence Thomas, established that states enacting restrictions on the Second Amendment right to keep and bear arms must now demonstrate that their restrictions are “consistent with the Nation’s historical tradition of firearm regulation”. The notion that the Supreme Court should defer to historical sentiments and the perceived original intent of...
Show moreThe recent United States Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), written by Justice Clarence Thomas, established that states enacting restrictions on the Second Amendment right to keep and bear arms must now demonstrate that their restrictions are “consistent with the Nation’s historical tradition of firearm regulation”. The notion that the Supreme Court should defer to historical sentiments and the perceived original intent of the framers of the Constitution is known as originalism and is becoming increasingly prevalent in the decisions of the Court. Originalism fails in that it requires U.S. Supreme Court justices to rely on biased amicus curiae briefs and an incomplete understanding of history when rendering their decisions. I will argue that Justice Thomas’s appeal to historical understandings in NYSRPA v. Bruen is not only a flawed theory of constitutional interpretation, but also historically inaccurate.
Show less - Date Issued
- 2023
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00258
- Format
- Document (PDF)
- Title
- IMMORAL BUT NOT ILLEGAL: A DEFENSE FOR MICHELLE CARTER.
- Creator
- Ricketts, Kahlil, Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
- Abstract/Description
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Charged with involuntary manslaughter, Michelle Carter was said to have used text exchanges and phone conversations to “coerce” her boyfriend, Conrad Roy, into committing suicide. But is Ms. Carter to blame for Mr. Roy’s death? By delving into the moral concepts of duty and coercion, and theories and case law concerning manslaughter and free speech, I argue that although Ms. Carter’s actions were not morally sound that does not mean that they were illegal and worthy of punishment.
- Date Issued
- 2018
- PURL
- http://purl.flvc.org/fau/fd/FAUHT00043
- 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
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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.
Show less - Date Issued
- 2011
- PURL
- http://purl.flvc.org/fau/fd/FA00003596
- Format
- Document (PDF)
- Title
- Loosing the chains of injustice: the case for trying enemy combatants fairly.
- Creator
- Gray, Alan R., Tunick, Mark, Vázquez, Miguel Ángel, Harriet L. Wilkes Honors College, Florida Atlantic University
- Abstract/Description
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In Boumediene v. Bush, the Supreme Court held that individuals detained as enemy combatants at U.S. Naval Base Guantánamo Bay (GTMO) during the War on Terror are constitutionally entitled to the writ of habeas corpus. In so finding, the Court failed to thoroughly investigate the nature of the United States‟ relationship with Cuba – an investigation that would have indicated that procedural due process also ought to be extended to those detained at the base. In this thesis, I review the legal...
Show moreIn Boumediene v. Bush, the Supreme Court held that individuals detained as enemy combatants at U.S. Naval Base Guantánamo Bay (GTMO) during the War on Terror are constitutionally entitled to the writ of habeas corpus. In so finding, the Court failed to thoroughly investigate the nature of the United States‟ relationship with Cuba – an investigation that would have indicated that procedural due process also ought to be extended to those detained at the base. In this thesis, I review the legal battle over enemy combatants, evaluate the writ of habeas corpus as a remedy for unlawful detention, examine the extension of the Constitution beyond its territorial limits, conduct a detailed review of U.S.-Cuban relations, and conclude that GTMO detainees are also constitutionally entitled to all the protections of procedural due process.
Show less - Date Issued
- 2011
- PURL
- http://purl.flvc.org/fau/fd/FA00003579_0
- Format
- Document (PDF)
- Title
- OTHER NATURES: NON-HUMAN RIGHTS AND MORAL CONSIDERATION.
- Creator
- D’Amore, James G., Tunick, Mark, Florida Atlantic University, Harriet L. Wilkes Honors College
- Abstract/Description
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Theories addressing rights ascription and moral consideration have historically often focused on humans as the singular objects of moral agency. I examine the reasoning behind this focus to discover the degree to which non-human animals and artificial intelligence machines should be considered rational beings deserving of both moral consideration and legal personhood, on-par with a human. The disconnect between the moral consideration and rights ascription bestowed on profoundly-handicapped...
Show moreTheories addressing rights ascription and moral consideration have historically often focused on humans as the singular objects of moral agency. I examine the reasoning behind this focus to discover the degree to which non-human animals and artificial intelligence machines should be considered rational beings deserving of both moral consideration and legal personhood, on-par with a human. The disconnect between the moral consideration and rights ascription bestowed on profoundly-handicapped humans, anomalously-rational non-human animals, and AI machines of similar abilities is representative of anthropocentric speciesism and must be corrected if rational ability is the motivating force behind moral consideration and rights ascription. By removing the group affiliations or classifications of any being, we can create a more dynamic legal rights ascription system that only takes into account the abilities of the individual and their relevance within a given society. This new system serves to more accurately accommodate and represent anomalous beings of any species.
Show less - Date Issued
- 2016
- PURL
- http://purl.flvc.org/fau/fd/FA00012602
- 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
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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
Show less - Date Issued
- 2011
- PURL
- http://purl.flvc.org/fau/fd/FA00003587
- Format
- Document (PDF)