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Full-Text Articles in Political Science

Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty Jun 2020

Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty

All Dissertations, Theses, and Capstone Projects

In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its ...


The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes Jun 2020

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

All Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system ...


Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay, Christopher J. Putney Jun 2020

Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay, Christopher J. Putney

All Dissertations, Theses, and Capstone Projects

This study is an account of the modern presidency as a source––and under Donald Trump, an accelerant––of systemic problems in American politics. Against the prevailing scholarly view of the Trump presidency as an unqualified aberration, I argue that the signal features of his efforts at governance are actually the product of converging patterns of political and institutional order. Building on seminal (but previously disjointed) work on ascriptive Americanism and the rhetorical presidency, I show that Trump represents the political synthesis of America’s ascriptive tradition and a form of presidential leadership inaugurated more than a century ago by ...


Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt May 2020

Sanctuary Cities And Their Respective Effect On Crime Rates, Adam R. Schutt

Undergraduate Economic Review

According to the U.S. Center for Immigration Studies (2017), cities or counties in twenty-four states declare themselves as a place of “sanctuary” for illegal immigrants. This study addresses the following question: Do sanctuary cities experience higher crime rates than those cities that are not? Using publicly available data, this regression analysis investigates the relationship between crime rates in selected cities and independent variables which the research literature or the media has linked to criminal activity. Results of this research reveal that sanctuary cities do not experience higher violent or property crime rates than those cities that are not sanctuary ...


Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman May 2020

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public ...


Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond May 2020

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives ...


“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day May 2020

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide ...


Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman May 2020

Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman

Genocide Studies and Prevention: An International Journal

The adoption of the Genocide Convention in 1948 was accompanied by the emergence of genocide as a field of study, first in the form of Holocaust Studies, followed by Genocide Studies, then Comparative Genocide Studies and, most recently, Critical Genocide Studies. Over the last 20-30 years, the field of genocide studies has greatly expanded. According to Alexander Hinton, “As the outlines of the field emerge more clearly, the time is right to engage in critical reflections about the state of the field.” This article seeks to enhance the field of genocide studies by answering Hinton’s call for reflective analysis ...


Gender And Judicial Decision-Making, Alexandra Just May 2020

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 ...


A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone May 2020

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun ...


The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson May 2020

The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson

Theses/Capstones/Creative Projects

The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially ...


America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz May 2020

America’S Second-Class Children: An Examination Of President Trump’S Immigration Policies On Migrant Children And Inquiry On Justice Through The Catholic Perspective, Gabriel Sáenz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


In-Group Solidarity Or Out-Group Resentment?: Evaluating The Foundations Of White Punitiveness, Jacob Levy Apr 2020

In-Group Solidarity Or Out-Group Resentment?: Evaluating The Foundations Of White Punitiveness, Jacob Levy

2020 JHU Richard Macksey National Undergraduate Humanities Research Symposium

Many White Americans strongly identify with their racial group. Does this identity impact their views on policy? Until recently, it was thought that white racial solidarity was essentially inconsequential when it came to the formation of policy preferences. However, recent scholarship has demonstrated that White Americans who exhibit a higher degree of racial solidarity are more likely to support specific policies with respect to immigration and social welfare. This paper expands the literature on White Americans'in-group attitudes by exploring the relationship between white racial solidarity and support for punitive criminal justice policy. Using data collected by the American National ...


International Impact Of The Clarifying Lawful Overseas Use Of Data (Cloud) Act And Suggested Amendments To Improve Foreign Relations, Jordan A. Klumpp Apr 2020

International Impact Of The Clarifying Lawful Overseas Use Of Data (Cloud) Act And Suggested Amendments To Improve Foreign Relations, Jordan A. Klumpp

Georgia Journal of International & Comparative Law

No abstract provided.


Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr. Apr 2020

Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured transactions law for personal property should follow. These Modern Principles are based on UCC Article 9 and its many progeny, including the UNCITRAL Model Law on Secured Transactions. The chapter situates the Modern principles in the context of the transplantation of law from one legal system to another. It draws in particular on Alan Watson’s pathbreaking ...


Identifying Better Refugee Policies For An Evolving Crisis, Mark Rook Apr 2020

Identifying Better Refugee Policies For An Evolving Crisis, Mark Rook

Honors Theses (PPE)

This thesis attempts to analyze one of the gravest humanitarian challenges of our time, the refugee crisis, and make it accessible. After beginning with some definitional terms, the paper describes refugee policies in seven countries with distinctly different resources and legacies of hosting refugees to determine the state regulations and programs that those countries have relied upon in the past. The countries involved include the haven countries of Kenya and Uganda, the coastal nation of Italy, the inland European countries of Germany and Hungary, and the North American countries of the USA and Canada. All of these countries are scrutinized ...


Quota Or No Quota: The Effect Of Gender Quotas On Women’S Ability To Provide Substantive Representation, Sara Lindsay Walsh Apr 2020

Quota Or No Quota: The Effect Of Gender Quotas On Women’S Ability To Provide Substantive Representation, Sara Lindsay Walsh

Political Science Senior Theses

The primary goal of this thesis is to determine the effect of gender quotas in national legislatures on the ability of female legislators to provide substantive representation. The secondary goal of this thesis is to determine which kinds of gender quotas are conducive toward strengthening overall democracies. This study will determine whether any and which kinds of gender quotas allow women parliamentarians to provide substantive representation by measuring the legislation enacted to address women’s issues (namely domestic violence legislation, reproductive rights legislation). This study draws from an accumulation of primary and secondary sources to examine whether parliaments successfully enact ...


Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman Apr 2020

Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The Australian National Audit Office (ANAO) evaluates the management and financial performance of Australian government programs for the Australian Parliament, Australian government agencies, Australian taxpayers, and individuals interested in the performance of these programs globally. This article examines how ANAO has examined the performance of Australian Army programs and strengths and weaknesses found in these programs while recommending changes to improve program performance. It also examines how government agencies and corporations which have been the subject of ANAO analyses have reacted to ANAO findings. This assessment also examines how Plan B (the possibility that Australia might have to rely less ...


That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick Apr 2020

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries Apr 2020

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs Apr 2020

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


The Martin Institute Prints, Spring 2020, Stonehill College: The Martin Institute For Law And Society Apr 2020

The Martin Institute Prints, Spring 2020, Stonehill College: The Martin Institute For Law And Society

The Martin Institute: Prints

No abstract provided.


How States Respond To The Human Rights Violations Of A Past Dictatorship: The Cases Of Argentina And Chile, Michaela Drucker Apr 2020

How States Respond To The Human Rights Violations Of A Past Dictatorship: The Cases Of Argentina And Chile, Michaela Drucker

Senior Theses and Projects

Many countries around the world have suffered from disastrous dictatorships riddled with human rights abuses. This thesis aims to answer the question of what happens after the dictatorship to address these human rights violations and why the responses differ from country to country. This paper poses six possible explanations as to what motivates justice, specifically prosecutions against former perpetrators: 1) the heinousness of the human rights violations, 2) the type of transition, 3) the legal structure, 4) the role of the executive, 5) international pressure through transnational advocacy networks, and 6) diffusion theory--the occurrence of similar justice policies in geographically ...


What Went Wrong With Economics?: Milton Friedman, Alexander Meiklejon, And The Reorientation Of Freedom, Aria Mia Loberti Apr 2020

What Went Wrong With Economics?: Milton Friedman, Alexander Meiklejon, And The Reorientation Of Freedom, Aria Mia Loberti

Senior Honors Projects

Economics went wrong in the midst of the Cold War, specifically the time of the terror of communism in the 1950s. It went wrong in Chicago economics in particular—exacerbated by a reorientation in how to understand and conceptualize freedom. Milton Friedman’s Capitalism and Freedom trumpets the virtues of economic freedom, or the freedom of choice within the competitive market. It represents the Chicago neoliberal position. In contrast, the luminary Alexander Meiklejohn advocates a radically different conception of freedom, and his ideas echo the voices pre-1950 Chicago economics. Meiklejohn promotes political freedom over economic freedom: championing absolute protection for ...


Gender-Based Violence: A Global Crisis That Is Handled Ineffectually, Marlén Miranda Apr 2020

Gender-Based Violence: A Global Crisis That Is Handled Ineffectually, Marlén Miranda

Senior Theses and Projects

This research seeks to outline the current understandings of Gender-Based Violence (GBV) in academic literature and how it contrasts from the ways governmental and non-governmental bodies interpret and address GBV. A little more than a yearlong investigation in Chile, Nepal, Jordan, Spain, and the United States serves as the foundation of the research. The researcher uses the ethnographic method (Draper, 2015) and the interpretive approach (Schwartz-Shea & Yanow, 2012) to interview individuals successfully and to comprehend better how GBV operates within each of the countries. The study focuses on answering the research question: How is GBV understood, and do current understandings ...


Planned Obsolescence: The Supreme Court And Partisan Redistricting, Ethan Schafer Apr 2020

Planned Obsolescence: The Supreme Court And Partisan Redistricting, Ethan Schafer

Honors Projects

Partisan redistricting, more commonly known as gerrymandering, is the act of a political party in power using its majority to draw district maps in such a way that it stays in power or increases its power. The United States Census takes place every ten years as mandated by Article I, Section 2 of the Constitution, when the maps for state and national Congress are redrawn to better allocate representation among the people. Examples of this include the two cases that are discussed in Rucho v Common Cause, the redistricting case from 2019. In this case, both the Democrat-controlled government of ...


A Comprehensive Cybersecurity Policy For The United States Government According To Cyberattacks And Exploits In The 21st Century, Diana Hallisey Apr 2020

A Comprehensive Cybersecurity Policy For The United States Government According To Cyberattacks And Exploits In The 21st Century, Diana Hallisey

Honors Program Contracts

Adversaries launch cyberattacks or cyber-exploits with contrasting intentions and desired outcomes. A cyberattack is a malicious attempt by a state, third party, or individual to disrupt a computer’s network; whereas, a cyber-exploit is an action that uncovers and steals “confidential” information from a computer’s data. 1 Within this research paper, the main adversary of such cyberattacks and/or exploits will be the nation-state. The victims of these cyberattacks will range from multinational corporations, such as Sony, to nuclear programs in Iran. This essay will focus on four motivations behind such cyberattacks: (1) private sector hacking (the theft of ...


A New (Republican) Litigation State?, Stephen B. Burbank, Sean Farhang Mar 2020

A New (Republican) Litigation State?, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

It is a commonplace in American politics that Democrats are far more likely than Republicans to favor access to courts to enforce individual rights with lawsuits. In this article we show that conventional wisdom, long true, no longer reflects party agendas in Congress. We report the results of an empirical examination of bills containing private rights of action with pro-plaintiff fee-shifting provisions that were introduced in Congress from 1989 through 2018. The last eight years of our data document escalating Republican-party support for proposals to create individual rights enforceable by private lawsuits, mobilized with attorney’s fee awards. By 2015-18 ...


Solving The Congressional Review Act’S Conundrum, Cary Coglianese Mar 2020

Solving The Congressional Review Act’S Conundrum, Cary Coglianese

Faculty Scholarship at Penn Law

Congress routinely enacts statutes mandating that federal agencies adopt specific regulations. For example, when Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, it required the Securities and Exchange Commission (SEC) to adopt a regulation compelling energy companies to disclose payments they make to governmental entities. Although this disclosure regulation is specifically required by the Dodd-Frank Act, it is also a regulation subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).

In 2017, Congress passed a joint resolution disapproving the SEC’s disclosure rule under ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Mar 2020

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of certification than all-Republican panels—early triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated ...