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Full-Text Articles in Political Science

Reds Among The Cream And Crimson, Kelly Kish Jan 2019

Reds Among The Cream And Crimson, Kelly Kish

Historic Documents

What happened when three IU law professors were accused of harboring Communist sympathies in 1946.

Originally published in the publication 200 The Bicentennial Magazine, Volume 2, Issue 1, January 2019.


Taxonomy Of Minority Governments, Lisa La Fornara Oct 2018

Taxonomy Of Minority Governments, Lisa La Fornara

Indiana Journal of Constitutional Design

A minority government in its most basic form is a government in which the party holding the most parliamentary seats still has fewer than half the seats in parliament and therefore cannot pass legislation or advance policy without support from unaffiliated parties. Because seats in minority parliaments are more evenly distributed amongst multiple parties, opposition parties have greater opportunity to block legislation. A minority government must therefore negotiate with external parties and adjust its policies to garner the majority of votes required to advance its initiatives.

This paper serves as a taxonomy of minority governments in recent history and proceeds ...


Legislative Committee Systems: A Design Perspective, Chase Stoddard Oct 2018

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends ...


A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley Jan 2017

A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley

Indiana Journal of Constitutional Design

This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.

Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually ...


Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole Jan 2017

Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole

Articles by Maurer Faculty

Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working ...


The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha Nov 2016

The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha

Indiana Journal of Constitutional Design

The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in ...


The Fate Of Armed Resistance Groups After Peace, David C. Williams Aug 2016

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.


Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon Aug 2016

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.


The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur Jul 2014

The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur

Theses and Dissertations

Most scholars agree that modern states share several defining characteristics: a population, territory, government, and the capacity to enter into international relations. More recently, this list has expanded to include the criteria of democracy, the rule of law, and the protection of human rights. These traditional and contemporary criteria for statehood are likewise essential for settling the status of de facto states, entities that seek international recognition yet are rebuffed by the world community.

By examining the criteria for international recognition from the perspective of constitutional law, this dissertation reveals the existing but overlooked relationship between the recognition process and ...


Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler Jan 2014

Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich Jun 2013

Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich

Indiana Journal of Law and Social Equality

No abstract provided.


On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage Jan 2013

On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage

Articles by Maurer Faculty

This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from ...


The Us Veto Over Palestine's Un Membership, Timothy W. Waters Sep 2011

The Us Veto Over Palestine's Un Membership, Timothy W. Waters

Articles by Maurer Faculty

While the United Nations is in debate over Palestinians’ request for UN membership, the US has already announced their decision to veto. But the over two thirds of Americans who are neither Jewish nor Evangelical should consider saying yes. It may not solve every problem but it could increase the prospects for successful negotiations between Palestine and Israel.


Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams Jan 2011

Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams Jan 2011

Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


The Role Of Theory And Evidence In Media Regulation And Law: A Response To Baker And A Defense Of Empirical Legal Studies, Daniel E. Ho, Kevin M. Quinn Jun 2009

The Role Of Theory And Evidence In Media Regulation And Law: A Response To Baker And A Defense Of Empirical Legal Studies, Daniel E. Ho, Kevin M. Quinn

Federal Communications Law Journal

We thank Professor Baker for a stimulating response to an Article in which we offered empirical evidence of editorial viewpoint diversity in the face of media consolidation. We appreciate his praise of the Article as "apply[ing] innovative statistical techniques" and as "far superior methodologically to most empirical studies" he has seen. At the same time, Baker "denies the policy relevance" to our Article because empirical evidence is "entirely irrelevant" to the field of media regulation under his preferred normative theory. Baker argues sweepingly that the legal academy's increased willingness to consider the perspectives of quantitative empiricists and positive ...


Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly Jan 2009

Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.


Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte Jan 2007

Let Privateers Marque Terrorism: A Proposal For A Reawakening, Robert P. Dewitte

Indiana Law Journal

No abstract provided.


Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem Jan 2006

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of ...


Health As Foreign Policy: Between Principle And Power, David P. Fidler Jan 2005

Health As Foreign Policy: Between Principle And Power, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler Jan 2000

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler Jan 1999

Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler Jan 1998

Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


The Constitutional Right To "Conservative" Revolution, David C. Williams Jan 1997

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.


The Emptiness Of Majority Rule, Luis Fuentes-Rohwer Jan 1996

The Emptiness Of Majority Rule, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.


Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler Jan 1996

Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler Jan 1994

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams Jan 1993

Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.


Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell Jan 1992

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.