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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
HAS THE PENDULUM SWUNG TOO FAR?: A LEGAL EVALUATION OF FLORIDA'S CHILD ABUSE AND NEGLECT REGISTRY
Title
HAS THE PENDULUM SWUNG TOO FAR?: A LEGAL EVALUATION OF FLORIDA'S CHILD ABUSE AND NEGLECT REGISTRY.
Creator
Debler, Julianna, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Over the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or...
Show moreOver the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or neglect, due process concerns have been raised with regards to the process of placing a person's name in a report without providing a hearing for challenging or removing inaccurate information. Focusing on Florida law, this research concentrates on: 1) the child maltreatment reporting process, 2) the procedures for maintaining reports, and 3) the accessibility of these reports in order to determine whether due process constitutional rights are protected under Florida's child abuse and neglect reporting laws. The intent of this thesis is to analyze the occurrence of unsubstantiated cases of child maltreatment, incidences of false reporting, and legal remedies available for those wrongfully accused of abusing or neglecting a child. Through the analysis of case law, federal and state statutes, available statistics, child abuse resources, and personal interviews with members of the Florida Legislature, evidence shows that due process constitutional rights are not protected under Florida's child abuse and neglect reporting laws. By raising awareness of the areas of child protection that require legal re-evaluation, this thesis aims to discover the balance between protecting children from harm and protecting adults from the severe ramifications resulting from false and improper allegations of child abuse and neglect.
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Date Issued
2012
Identifier
CFH0004267, ucf:44944
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004267
SAME-SEX MARRIAGE: A FUNDAMENTAL RIGHT
Title
SAME-SEX MARRIAGE: A FUNDAMENTAL RIGHT.
Creator
Smith, Stefen, Naccarato-Fromang, Gina, University of Central Florida
Abstract / Description
Same-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage,...
Show moreSame-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage, whether it is between a heterosexual or a homosexual couple, should be a fundamental right enjoyed by all. This thesis will explain why same-sex marriage should be a fundamental right. The research presented in this thesis will be scrutinized and thoroughly examined showing the obstacles that same-sex couples face when wanting to legally marry. The United States Constitution, the Due Process Clause, and the Equal Protection Clause will be analyzed and discussed to prove that all fifty states should allow same-sex couples to wed. Citizens view what constitutes a marriage differently depending on their upbringing and residence. This thesis will illustrate why same-sex marriage has been such a widely discussed topic, and it will investigate the influence of religion and the church. Historically, the tradition of marriage has always been between one man and one woman. By examining how the tradition of marriage is changing and using case law decisions, an argument can be formed that marriage should be a fundamental right for all people.
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Date Issued
2015
Identifier
CFH0004779, ucf:45391
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004779
Speech of Hon. William A. Howard of Michigan
Title
Speech of Hon. William A. Howard of Michigan.
Creator
Howard, William Alanson
Date Created
1858-03-23
Identifier
DP0012824
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/DP0012824