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Full-Text Articles in Political Science

The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte Jan 2019

The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte

Washington University Global Studies Law Review

Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and ...


Performance Evaluations Are Not Legitimacy Judgments: A Caution About Interpreting Public Opinions Toward The United States Supreme Court, James L. Gibson Jan 2017

Performance Evaluations Are Not Legitimacy Judgments: A Caution About Interpreting Public Opinions Toward The United States Supreme Court, James L. Gibson

Washington University Journal of Law & Policy

This Article explains the differences between public opinion of the Supreme Court’s performance and its underlying legitimacy as an institution. Gibson identifies public perception of the Supreme Court as being influenced by partisan and ideological differences. The Article compares “performance evaluations” to “institutional legitimacy,” defined as a construct between authorities and how those connected to them do what they believe to be appropriate. Gibson concludes these separations must be recognized, particularly as the public itself becomes more ideologically polarized and such polarization may permeate the bench itself in the future.


America's Dangerous Political Polarization And Moderate Stigma, Dan Sicorsky May 2016

America's Dangerous Political Polarization And Moderate Stigma, Dan Sicorsky

Washington University Undergraduate Law Review

This paper addresses the underlying causes of polarization and moderate stigma, and proposes methods for increasing the number of nonpartisan politicians. A reemergence of moderate, non-binary voices in representative bodies can remedy Washington's historic unproductiveness and voting center's shameful desertedness. If we do not alter the ways we think, act, and vote, the two aisles will keep bloodily drifting apart, voting will end up an antiquated tradition, and Washington will cement its image as the battleground of unproductiveness.


Two Dogmas Of Originalism, Ian Bartrum Jan 2015

Two Dogmas Of Originalism, Ian Bartrum

Washington University Jurisprudence Review

In the early 1950s, Willlard Quine’s Two Dogmas of Empiricism offered a devastating critique of logical positivism and the effort to distinguish “science” from “metaphysics.” Quine demonstrated that the positivists relied on dogmatic oversimplifications of both the world and human practices, and, in the end, suggested that our holistic natural experience cannot be reduced to purely logical explanations. In this piece, I argue that constitutional originalism—which, too, seeks to define a constitutional “science”—relies on similar dogmatisms. In particular, I contend that the “fixation thesis,” which claims that the constitutional judge’s first task is to fix the ...


The Ontological Foundations Of The Debate Over Originalism, André Leduc Jan 2015

The Ontological Foundations Of The Debate Over Originalism, André Leduc

Washington University Jurisprudence Review

Because the participants in the debate over constitutional originalism generally understand the controversy to be over a matter of the objective truth of competing interpretations of the Constitution, they do not believe that their mission is to persuade the other side. When what is at stake is a matter of objective truth, subjective opinions are of less moment.

This Article begins the long overdue transcendence of our increasingly fruitless and acrimonious debate over originalism by articulating the tacit philosophical premises that make the debate possible. It demonstrates that originalism, despite its pretensions to common sense and its disavowal of abstruse ...


The Origins Of The Pursuit Of Happiness, Carli N. Conklin Jan 2015

The Origins Of The Pursuit Of Happiness, Carli N. Conklin

Washington University Jurisprudence Review

Scholars have long struggled to define the meaning of the phrase “the pursuit of happiness” in the Declaration of Independence. The most common understandings suggest either that the phrase is a direct substitution for John Locke’s conception of property or that the phrase is a rhetorical flourish that conveys no substantive meaning. Yet, property and the pursuit of happiness were listed as distinct—not synonymous—rights in eighteenth-century writings. Furthermore, the very inclusion of “the pursuit of happiness” as one of only three unalienable rights enumerated in the Declaration suggests that the drafters must have meant something substantive when ...


Salus Populi Suprema Lex Esto: Balancing Civil Liberties And Public Health Interventions In Modern Vaccination Policy, Phoebe E. Arde-Acquah Jan 2015

Salus Populi Suprema Lex Esto: Balancing Civil Liberties And Public Health Interventions In Modern Vaccination Policy, Phoebe E. Arde-Acquah

Washington University Jurisprudence Review

Vaccine policy still stirs up similar contentions and controversial sentiments today as it did in 1905 due to the enduring tension between public health interventions and individual liberties, between the rights of the individual and the claims of the collective. This Note considers the rationale for granting vaccine exemptions in one case, but withholding them in another; why one court gives substantial deference to state power regarding vaccination, and another demonstrates considerable regard for civil liberties in vaccine policy.

It has been suggested that pragmatism and political acuity, rather than a doctrinal adherence to epidemiological theory or ethical principles has ...


Humanitarian Intervention In A Multipolar World, Jesse Jones Jan 2015

Humanitarian Intervention In A Multipolar World, Jesse Jones

Washington University Global Studies Law Review

Humanitarian intervention is at a crossroads. In theory, humanitarian intervention has made significant advances in recent years; the “Responsibility to Protect” doctrine (or R2P) has achieved widespread adoption within a relatively short period of time. But in practice, humanitarian intervention appears to have reached a nadir. For Western nations, especially the United States, humanitarian goals have largely given way to security imperatives in the post-9/11 age. Since 2001, global instability has also risen, multiplying the list of possible candidates for humanitarian intervention. Yet in 2015, many conflicts exist around the world where humanitarian intervention has not yet been seriously ...


(Mis)Trusting States To Run Elections, Joshua A. Douglas Jan 2015

(Mis)Trusting States To Run Elections, Joshua A. Douglas

Washington University Law Review

Recent Supreme Court election law jurisprudence reflects an unspoken, pernicious trend. Without identifying a specific new rule, the Court has been unjustifiably deferring to state laws regarding election administration, thereby giving states tremendous power to regulate elections. At the same time, the Court has diminished Congress’s oversight role. That is a mistake. Placing too much power in states to administer elections is both constitutionally wrong and practically dangerous.

During the past few years the Court has considered many controversial election-related issues, from voter identification to campaign finance to race relations and the Voting Rights Act. The majorities in these ...


A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan Jan 2015

A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan

Washington University Law Review

With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations that the president is refusing to faithfully execute the law. Because backers of executive action have focused on precedents from previous administrations, their arguments imply that there is nothing substantively new about President Obama’s actions. As a result, the legal debate about the scope of the president’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies. This essay aims to add new focus to the ...


Legislative Supremacy, Kenneth Ward Jan 2012

Legislative Supremacy, Kenneth Ward

Washington University Jurisprudence Review

This essay develops an institutional perspective to consider limitations on judicial authority. Rather than assume that judicial decisions put an end to disagreements about what the Constitution means, this perspective focuses on the political contests that occur after judges make disputed interpretations of constitutional law. This perspective shows that scholars both exaggerate the role of judicial review in enforcing constitutional limits and underestimate the political instability that follows from difficulty in challenging controversial judicial holdings. Together, these claims are the beginning of an argument defending a form of legislative supremacy that would allow Congress and the President to override judicial ...


Introduction: The Politics Of Identity After Identity Politics, Adrienne D. Davis Jan 2010

Introduction: The Politics Of Identity After Identity Politics, Adrienne D. Davis

Washington University Journal of Law & Policy

The Essays in this volume seek to shed some light on the politics of identity after the 2008 Presidential election in which identity politics dominated. To explore how 2008 and its aftermath have shifted both academic and political debates, Professor Adrienne Davis invited scholars from a variety of disciplines who embrace diverse methodologies—political theory; cultural studies; history; and law. These authors explore identity politics as a field of academic inquiry; a cultural discourse; a legal claim; a negotiation of institutions and power; and a predicate for political alliances. Collectively, the Articles both develop new frameworks and intervene in old ...


Proms And Other Racial Ephemera: The Positive Social Construction Of African Americans In The “Post”-Civil Rights Era, Rebecca Wanzo Jan 2010

Proms And Other Racial Ephemera: The Positive Social Construction Of African Americans In The “Post”-Civil Rights Era, Rebecca Wanzo

Washington University Journal of Law & Policy

During the 2008 Presidential election, one of the key questions was whether the ascendancy of Barack Obama means that we now live in a "post-racial" world. Or, for those who remain skeptical of this claim, what, exactly, does the first African-American presidency mean for race and racial politics? Rebecca Wanzo's Article, Proms and Other Racial Ephemera: The Positive Social Construction of African Americans in the "Post"-Civil Rights Era, tackles this question. Part of the obstacle facing cultural critics and policy analysts alike, Wanzo contends, is that we are most familiar with racism manifest in negative terms—discrimination, violence ...


Identity After Identity Politics, Linda Nicholson Jan 2010

Identity After Identity Politics, Linda Nicholson

Washington University Journal of Law & Policy

Linda Nicholson’s Article tackles the complexity of how identity politics manifest in the 2008 election. In Identity after Identity Politics, she notes that during the election political and popular commentators continued to speculate about how race and gender were affecting the election, even as people proclaimed that "the era of identity politics was dead" and ushered in a post-identity world. Attempting to explain this contradiction, Nicholson urges an historical explanation rooted in two different visions of identity "difference" that emerged in twentieth century. Identity after Identity Politics investigates how environmental explanations for race and gender differences were put to ...


Militant Covering, Brandon Paradise Jan 2010

Militant Covering, Brandon Paradise

Washington University Journal of Law & Policy

In Militant Covering, Paradise considers the much-debated question of "authentic" black identity as manifest in the debate over whether Barack Obama is "black enough." He contends that "the cultural legacy of black power—black pride in black identity—has taken precedence over what was black power's organizing and governing goal: increasing black power." Paradise shows that legal scholars urging "rights to difference" ironically then have missed one of the central goals of the Black Power movement. Borrowing Kenji Yoshino's term, he contends that blacks may "militantly" cover in the service of "gaining access to the economic and social ...


How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey Jan 2010

How The Biological/Social Divide Limits Disability And Equality, Martha T. Mccluskey

Washington University Journal of Law & Policy

If race and gender remain the most valuable currency of identity, Martha McCluskey’s Article intervenes to introduce other emergent categories. Her contribution, How the Biological/Social Divide Limits Disability and Equality, unpacks and criticizes the trajectory along which identity claims are expanding. She uncovers implicit rankings of race, gender, and disability operative in equality jurisprudence, showing how these rankings are reversed under formal and substantive equality models. Next, delving into the struggle for disability justice, she introduces and compares medical and social construction models of disability. Her Article contrasts how law defines disability under workers' compensation rules versus the ...


Identity And Political Theory, Clarissa Rile Hayward, Ron Watson Jan 2010

Identity And Political Theory, Clarissa Rile Hayward, Ron Watson

Washington University Journal of Law & Policy

In Identity and Political Theory, Clarissa Hayward and Ron Watson intervene in this debate, theorizing an appropriate role for the state in the contested field of identity politics. They start by parsing different theories of multiculturalism that favor state recognition of minority identity, distinguished by commitments to protect identity groups from external intervention and to permit the groups to impose illiberal restrictions on their own members. They then summarize the retreat from recognition found in poststructuralist arguments that recognition promotes "particularistic attachments" and "exacerbates normalization and coercive subjectification." Their Article provides an important corrective to Charles Taylor's pathbreaking paper ...


Queer/Religious Friendship In The Obama Era, Jeffrey A. Redding Jan 2010

Queer/Religious Friendship In The Obama Era, Jeffrey A. Redding

Washington University Journal of Law & Policy

In Queer/Religious Friendship in the Obama Era, Jeff Redding delves into the politics of Proposition 8 and gay marriage more broadly. He urges self-identified queers to use their electoral defeat to reconsider both substantive political goals and coalitions. The Article rejects the conventional norms and metrics of identity politics in the U.S., which typically urge power and dignity through inclusion and accommodation of differences within mainstream institutions. Of course, in the Prop 8 debate, this means rejecting civil unions as inferior and insisting on access to marriage. Redding rejects this norm, instead contending that civil unions should be ...


Review Of "Dilemmas Of Politics," By Hans J. Morgenthau, Robert H. Salisbury Jan 1959

Review Of "Dilemmas Of Politics," By Hans J. Morgenthau, Robert H. Salisbury

Washington University Law Review

No abstract provided.