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Law

1993

Institution
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Articles 1 - 24 of 24

Full-Text Articles in Political Science

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer Nov 1993

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to ...


Religious Contributions In Public Deliberation, Jeremy Waldron Nov 1993

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we ...


Ozgur 1993 Turkiye'nin Ozel Cevre Koruma Bolgeleri Politikasi (Specially Protected Areas Policy Of Turkey) Türkiye'nin Özel Çevre Koruma Bölgeleri Politikası: Foça Örneği, Huseyin Ozgur Prof.Dr. Sep 1993

Ozgur 1993 Turkiye'nin Ozel Cevre Koruma Bolgeleri Politikasi (Specially Protected Areas Policy Of Turkey) Türkiye'nin Özel Çevre Koruma Bölgeleri Politikası: Foça Örneği, Huseyin Ozgur Prof.Dr.

Huseyin Ozgur Prof.Dr.

Specially protected areas (SPAs) in Turkey were initiated in 1990 with the special interest of Prime Minister Turgut Özal and pressure from international agreements signed by Turkish Government. As of 1992, there were 12 SPAs in 5 provinces, most of them were on shorelines of lakes or seas. The decision making of SPAs policy in Turkey fit to muddling through. It helped to protect special and sensitive areas to be protected. All these SPAs had several small settlements and controversial usages of the land and water areas. The policy helped to control dense and uncontrolled settlements however created issues on ...


How To Limit Gerrymandering, Michael E Lewyn Jul 1993

How To Limit Gerrymandering, Michael E Lewyn

Michael E Lewyn

An extensive discussion of constitutional issues related to partisan gerrymandering.


Book Review, Scott Hogan Jun 1993

Book Review, Scott Hogan

RISK: Health, Safety & Environment (1990-2002)

Review of: ROBERT A. SHANLEY, PRESIDENTIAL INFLUENCE AND ENVIRONMENTAL POLICY. (Greenwood Press, 1992) [163 pp.] Abbreviations, acknowledgements, index, introduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]


Advocacy And Diplomacy In The Great Lakes: A Case History Of Non-Governmental-Organization Participation In Negotiating The Great Lakes Water Quality Agreement, Jack Manno Apr 1993

Advocacy And Diplomacy In The Great Lakes: A Case History Of Non-Governmental-Organization Participation In Negotiating The Great Lakes Water Quality Agreement, Jack Manno

Buffalo Environmental Law Journal

This article describes and analyzes the role of non-governmental organizations, or NGOs, in the system of governance that has developed to manage the use of natural resources, and that management's impact on the Great Lakes ecosystem. Particular emphasis is given to the organizational history of one such NGO, Great Lakes United, and its actions and strategies in relation to the Canada-U.S. Great Lakes Water Quality Agreements, and to the negotiations leading to the 1987 Protocol to the Agreements. My more general purpose is to contribute to the development of a literature of NGO case histories in order to ...


Trade Friction Between The United States And Japan: An Analysis Of The Situation In 1992, Mariko Hirano Apr 1993

Trade Friction Between The United States And Japan: An Analysis Of The Situation In 1992, Mariko Hirano

Master's Theses

Trade friction between the United States and Japan is discussed and it is shown why negotiations like Structural Impediments Initiative Talks alone have not improved the trade relations between the two countries. This is not only because of fundamental cultural and economic differences, but because of significant differences in the interests of Japanese business, Japanese government, American business, and American government. The Japanese political system is described. A detailed description of Japanese conglomerated system (keiretsu) is presented. This conglomerate system is often viewed as a major obstacle by foreign companies to do business in Japan. The views of American politicians ...


Judicial Decision Making And Public Opinion In The Warren And Burger Courts, Nancy L. Siemion Apr 1993

Judicial Decision Making And Public Opinion In The Warren And Burger Courts, Nancy L. Siemion

Master's Theses

For many scholars, the Warren Court is the epitome of antimajoritarian policy making since many of the Court's decisions overturned legislation passed by Representatives of the people. By examining nationwide public opinion polls in that era that ask the public their thoughts about particular issues the Warren Court has ruled on, it is evident that most of these rulings were truly majoritarian and received public approval. In addition, this thesis analyzes some recent studies that discern national attitudes with respect to government policy making (public mood), assessing congruity or incongruity between the Court's liberalism and public policy mood ...


The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a ...


Functional Explanation And Metaphysical Individualism, Justin Schwartz Jan 1993

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that ...


The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr. Jan 1993

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued ...


Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma Jan 1993

Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma

Politics

No abstract provided.


Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh Jan 1993

Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh

Honors Theses

The challenge is to navigate the untrodden area of reapportionment, in particular majority-minority districts. The Supreme Court has ruled in various reapportionment cases, yet these cases continue to plague the dockets of the United States Supreme Court. The focus of research is to evaluate the new phenomenon of majority-minority districts as it has progressed through constitutional amendments, civil and voting rights acts, and Supreme Court cases, all of which culminate in the 1992 elections. The 1990 Census and reapportionment were the birth of majority-minority districts. In creating these districts, one must look at the most effective percentage breakdowns in each ...


The Trial And Conviction Of Julius And Ethel Rosenberg: Politics As An Obstacle To The Right To A Fair Trial, Paul B. Derby Jan 1993

The Trial And Conviction Of Julius And Ethel Rosenberg: Politics As An Obstacle To The Right To A Fair Trial, Paul B. Derby

Undergraduate Honors Theses

Given the nature of this paper, I felt it necessary to explain my purpose in choosing the Rosenberg-Sobell trial as the subject of my senior honors thesis, and the methodology used in approaching this topic. My purpose in choosing this subject was twofold: First, I wanted to demonstrate the research and writing skills that I have developed during my four years as a student of history. This paper is intended to be a research paper. While I believe that there are some fascinating and controversial arguments discussed in this paper, I cannot claim to have originated any of these theories ...


Development Of The Brazilian Rainforest, Antony Dispanet Jan 1993

Development Of The Brazilian Rainforest, Antony Dispanet

Honors Theses, 1963-2015

There has recently been great attention paid to the destruction of the Brazilian rainforest. The destruction has been fueled by improper economic and development practices, suggesting that it is a soluble environmental problem. In the thesis, which has an optimistic tone, I discuss what has been destroyed so far, what policies led to the destruction of the rainforests, the forces on different sides, what is being lost through continued deforestation, and what alternatives should be pursued to halt deforestation and eliminate some of the economic conflicts in Brazil.


A Mission For Peace: United Nations Peacekeeping In The New World Order, John Butler Jan 1993

A Mission For Peace: United Nations Peacekeeping In The New World Order, John Butler

Honors Theses, 1963-2015

The last decade of the twentieth century has been witness to remarkable changes in geopolitics amongst the world's nations. International relations has emerged from the icy winters of the Cold-War era, and has moved toward a more hopeful "world order." However, with the change comes new challenges--crises of a different nature which demand new solutions. Thus, many feel that it is the job of international organizations--particularly the United Nations--to formulate these solutions. Specifically, this thesis poses the following question: what is the role of the United Nations peacekeeping operations within this "new world order"?


The Future Political Status Of Puerto Rico, Sean Murray Jan 1993

The Future Political Status Of Puerto Rico, Sean Murray

Honors Theses, 1963-2015

This thesis is an analysis of current events regarding the future political status of Puerto Rico. It examines the various actors in Puerto Rico and in the United States congress, as well as international and United Nations positions. Ultimately, the paper assesses the possibility of determining the permanent political status of Puerto Rico and the indecision on the part of the United States Congress, concluding that a permanent decision is unlikely before the end of the 20th century.


A Cross-Sectional Empirical Study Of The Policy Perspective Of American State Juvenile Justice Law Codes , James Mcgaha Jan 1993

A Cross-Sectional Empirical Study Of The Policy Perspective Of American State Juvenile Justice Law Codes , James Mcgaha

Retrospective Theses and Dissertations

This study describes a dichotomized juvenile justice policy, which at the surface preserves the myth of a non-punitive and prevention-oriented system, but analysis reveals the policy perspective of the American state juvenile justice law codes to be punitive nationwide. The absence of Sociological Prevention (non-punitive, systemic change oriented emphasis) across codes nationally suggests further support for the dominance of the punitive perspectives. A separate analysis of California, Illinois, and Iowa codes provides added support for the punitive perspective;Purpose of the study. The purpose of this study is to show the contrasting nature of the juvenile justice policy perspectives. Utilizing ...


The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez Jan 1993

The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

When the United States ratified the 1967 U.N. Protocol Relating to the Status of Refugees (Protocol), it undertook not to "expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened" on specified grounds. On May 24, 1992, President Bush issued an executive order, known as the Kennebunkport Order, authorizing the United States Coast Guard to interdict vessels on the high seas suspected of containing Haitians destined for U.S. shores and to return such persons to Haiti without regard to whether their lives or freedom would ...


Democracy And Socialism In Sandinista Nicaragua, Gary Prevost, Harry E. Vanden Jan 1993

Democracy And Socialism In Sandinista Nicaragua, Gary Prevost, Harry E. Vanden

Government and International Affairs Faculty Publications

Moving beyond Cold War rhetoric and stereotypical views of Third World Marxism, the authors convincingly argue that the democratic tradition and practice that was emerging in socialist Nicaragua could well serve as a model for other Third World states. They analyze concepts of democracy and the ideology of the FSLN and show that the Sandinista movement is not in any way stock Marxist-Leninism. Instead, this nationalist variant of Third World Marxism is—like most others—a function of indigenous realities.Vanden and Prevost demonstrate that Nicaragua has seen the establishment of at least three different forms of democracy: popular, participatory ...


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.


Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts Jan 1993

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton Jan 1993

Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.