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A COMPARATIVE ANALYSIS OF THE UNITED STATES SUPREME COURT'S DOCTRINE OF SELECTIVE INCORPORATION AND CORPORATE CONSTITUTIONAL RIGHTS JURISPRUDENCE
Title
A COMPARATIVE ANALYSIS OF THE UNITED STATES SUPREME COURT'S DOCTRINE OF SELECTIVE INCORPORATION AND CORPORATE CONSTITUTIONAL RIGHTS JURISPRUDENCE.
Creator
Fate, Rebecca R, Beckman, James, University of Central Florida
Abstract / Description
With recent and contentious Supreme Court cases dealing with corporate constitutional rights, such as Citizens United v. Federal Election Commission (2010), as well as with the appointment of a new justice, the time is particularly ripe for evaluations of the Supreme Court's jurisprudence in this area, including predictions about the future of this line of cases. The purpose of this thesis is to establish a better understanding of the historical jurisprudential approach utilized by the...
Show moreWith recent and contentious Supreme Court cases dealing with corporate constitutional rights, such as Citizens United v. Federal Election Commission (2010), as well as with the appointment of a new justice, the time is particularly ripe for evaluations of the Supreme Court's jurisprudence in this area, including predictions about the future of this line of cases. The purpose of this thesis is to establish a better understanding of the historical jurisprudential approach utilized by the Supreme Court to decide corporate constitutional rights by establishing the well-known doctrine of selective incorporation as an appropriate analogy. No other works attempt to frame the case history of corporate constitutional rights within a consistent doctrine, yet many works seek to evaluate and predict Court decisions in this area. This work will therefore create a new frame of reference for corporate constitutional rights, providing a new basis for interpretation and predictions. This thesis begins by conducting a thorough overview of both lines of cases, focusing on the establishment of each doctrine over time as well as the reasoning behind the Court's use of this particular approach. Once a clear picture of both approaches has been ascertained, this thesis moves on to an overall comparison and evaluation of both approaches. In finding the process, intent, and overall effect of both jurisprudential approaches to be the same, the use of selective incorporation as an analogy for the Supreme Court's approach to corporate constitutional rights gives way to predictions about the future of corporate constitutional rights. Considering the relevant views expressed by the new justice, Neil Gorsuch, and the previous decisions of the Roberts Court, this analogy provides solid evidence for predicting continued expansion of corporate constitutional rights, including such areas as freedom of speech, freedom of religion, and perhaps even rights of the accused. The comparative approach used in this thesis, as well as the analogy it establishes, can also be revisited as new Court decisions are made and as the makeup of the Court changes overtime.
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Date Issued
2017
Identifier
CFH2000194, ucf:45985
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH2000194
THE INFLUENCE OF GUN CONTROL LEGISLATION ON RAMPAGE SHOOTINGS
Title
THE INFLUENCE OF GUN CONTROL LEGISLATION ON RAMPAGE SHOOTINGS.
Creator
Manor, Andrew, Beckman, James, University of Central Florida
Abstract / Description
The United States has experienced several mass shootings in the past few years. It has been averaging one shooting every week in 2015, and something must be done about it. This problem appears to be limited to the United States since several other nations have been able to minimize, and almost eliminate the number of mass shootings. By taking an analysis of the gun laws of the United States with those of Australia and Canada it can be concluded that some aspects of strict gun control can...
Show moreThe United States has experienced several mass shootings in the past few years. It has been averaging one shooting every week in 2015, and something must be done about it. This problem appears to be limited to the United States since several other nations have been able to minimize, and almost eliminate the number of mass shootings. By taking an analysis of the gun laws of the United States with those of Australia and Canada it can be concluded that some aspects of strict gun control can reduce the number of mass shootings. Further, the United States should look at what other common law nations have done to reduce the number of mass shootings. The United States is also the only nation that recognizes a fundamental right to keep and bear arms, and any legislation must address that right. Some ways to address strict gun control in the United States is to strengthen the background check system, add a liability insurance requirement, and strictly enforce culpable negligent statutes. Adding some elements of strict gun control will help minimize the amount, and impact of the shootings. Canada, and Australia both have active hunting communities that require the need for some legal firearms. A night at the movies, a day at school, or attending a church event should not bring about worry that an individual may get shot and killed by a deranged individual. Other similar nations have shown that rampage shootings do not have to be a side effect of living in a free society.
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Date Issued
2015
Identifier
CFH0004868, ucf:45456
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004868
BREACH OF ALLEGIANCE: THE HISTORY OF TREASON CHARGES IN THE U.S., AND ITS REBIRTH IN THE AGE OF TERRORISM
Title
BREACH OF ALLEGIANCE: THE HISTORY OF TREASON CHARGES IN THE U.S., AND ITS REBIRTH IN THE AGE OF TERRORISM.
Creator
Lewis, David, Beckman, James, University of Central Florida
Abstract / Description
The purpose of this thesis is to provide a legal history and analysis of how the treason clause has been utilized since the U.S. Constitution was ratified in 1789. Further, the United States and the United Kingdom share not only a historical parallel of the meaning and use of the charge of treason, but also an abandonment of using the charge today. This thesis will provide an in-depth legal history of treason charges in the United States, along with its close parallels in historical evolution...
Show moreThe purpose of this thesis is to provide a legal history and analysis of how the treason clause has been utilized since the U.S. Constitution was ratified in 1789. Further, the United States and the United Kingdom share not only a historical parallel of the meaning and use of the charge of treason, but also an abandonment of using the charge today. This thesis will provide an in-depth legal history of treason charges in the United States, along with its close parallels in historical evolution and usage to that of the United Kingdom. Focusing prominently on treason throughout United States history, this project will analyze several of the famous treason trials in the nineteenth century, namely the federal prosecution of Aaron Burr in 1807, and the Commonwealth of Virginia's prosecution of John Brown for treason against a state government in 1859. This thesis will also examine the last person prosecuted for treason in the United States: Tomoya Kawakita in 1952. In addition, as a contribution to the "legal history" genre, this paper will summarize the last use of the treason offense in Great Britain in 1946, for which Nazi propaganda broadcaster William Joyce was tried and executed. The core of this thesis will be an analysis of treason law in the United States and also the United Kingdom, with a particular emphasis on why this charge was abandoned by both countries after the early 1950s, and why it should be re-instituted in the twenty-first century. The premise of this thesis will demonstrate a prominent factor in the 1950s leading to the discontinuation of the usage of the treason clause was the negative cultural impact of the era of McCarthyism, and the political misusage of the treason label for his political purposes. The thesis will close with a new approach to the charge of treason, with the recommendation that the utilization of this offense become a viable tool against the War on Terrorism in modern day, by establishing how various terrorists could have been adjudicated for treason, and how similarly situated defendants should be tried in the future.
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Date Issued
2013
Identifier
CFH0004499, ucf:45069
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004499
SOUTHERN HONOR: AN ANALYSIS OF STAND YOUR GROUND LAWS IN SOUTHERN JURISDICTIONS
Title
SOUTHERN HONOR: AN ANALYSIS OF STAND YOUR GROUND LAWS IN SOUTHERN JURISDICTIONS.
Creator
Glinton, Jr., Vaughn, Beckman, James, University of Central Florida
Abstract / Description
In 2005, Florida became the first state to pass the heavily National Rifle Association , NRA, supported "Stand Your Ground" law. The most notable components of the law were abolishing the duty to retreat for someone who is not engaged in lawful activity and is in a place where he has the right to be, granting civil and criminal immunity to those using lawful force, and presuming that a person who is attacked in his dwelling, residence, and occupied vehicle has a reasonable fear of death or...
Show moreIn 2005, Florida became the first state to pass the heavily National Rifle Association , NRA, supported "Stand Your Ground" law. The most notable components of the law were abolishing the duty to retreat for someone who is not engaged in lawful activity and is in a place where he has the right to be, granting civil and criminal immunity to those using lawful force, and presuming that a person who is attacked in his dwelling, residence, and occupied vehicle has a reasonable fear of death or great bodily harm. The law was subject to a substantial amount of criticism because it was a significant departure from Florida's more than a century old common law principles regarding self-defense. Possibly due to Florida not having any precedents for these cases, Florida courts would have conflicting decisions in these matters and law enforcement agencies would enforce the law differently in similar incidents. Regardless of the issues faced by Florida, over twenty states would adopt their own versions. A significant number of these states are in the Southeastern region of the United States and are neighbors to Florida or border Florida's neighbors, such as Mississippi, Alabama, Georgia, North Carolina, South Carolina, Tennessee, and Louisiana. Because of this interesting pattern, the study examines the idea of southern culture playing a role in the passage of "Stand Your Ground" via the "Culture of Honor" theory and the researcher decided to use these jurisdictions and Florida as this study's sample. The researcher also wanted to include these jurisdictions because the existing "Stand Your Ground" literature mainly focuses on Florida and the researcher wanted to add something new to the discussion. The intent of this study to examine Florida's influence on the other jurisdictions, note any commonalties between the statutes of the jurisdictions, compare justifiable homicide statistics for the jurisdictions that provided such data, predict the future of these laws, and explore the "Culture of Honor" Theory as a possible explanation for "Stand Your Ground" laws in the states discussed. The study accomplished these goals by examining how each jurisdiction handled self-defense before "Stand Your Ground," looking at the motives behind the jurisdictions adopting "Stand Your Ground," comparing justifiable homicides in the four jurisdictions that provided them in the years immediate preceding the passage of "Stand Your Ground" to the subsequent years, and looking at amendments and proposals that were presented after the passage of "Stand Your Ground." The results uncovered that all the jurisdictions, except for Georgia and Tennessee, show a very strong Florida influence based on their similarities to Florida's law and legislators in the jurisdictions clearly mentioning Florida as their inspiration for proposing their own versions. In the jurisdictions that provided justifiable homicides, all showed an increase in the number of justifiable homicides after the passage of "Stand Your Ground." The jurisdictions in this study have also shown a strong resistance to any amendments or the complete repeal of this law. Therefore, any drastic amendment or the complete repeal seems unlikely in the future. The "Culture of Honor" Theory does explain why a few of the jurisdictions in the study adopted "Stand Your Ground" but Florida and the NRA's influence explain why others chose this course of action.
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Date Issued
2013
Identifier
CFH0004507, ucf:45219
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004507