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2007

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Articles 1 - 30 of 66

Full-Text Articles in Political Science

Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer Dec 2007

Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer

Faculty Scholarship at Penn Law

In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned ...


The Role Of Religious Values In Politics, Darrin P. Dixon Dec 2007

The Role Of Religious Values In Politics, Darrin P. Dixon

Darrin P Dixon

No abstract provided.


When Is A State A State? The Case For Recognition Of Somaliland, Alison K. Eggers Dec 2007

When Is A State A State? The Case For Recognition Of Somaliland, Alison K. Eggers

Boston College International and Comparative Law Review

It has been well over a decade since the world attempted to save Somalia from the dustbin of “failed states.” During that decade, one re-gion of Somalia has pulled away from its post-colonial union with Somalia, established its own government, kept the peace, and managed to flourish in a kind of stability that is only a faint memory to most Somalians outside the region. Somaliland, once a British colony, argues it should be recognized as an independent state. This Note explores the legal conception of statehood, from the Montevideo Convention to the more recent emphasis on self-determination, and then turns ...


Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire Nov 2007

Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to describe aspects of the Rapanos decision, focusing on the Kennedy concurrence, and then suggesting its connection to the ongoing policy debate regarding coastal resource management, and how it may offer a sign of the judicial will to accept an expanding federal role over centralized water management, regardless of spatial location.


Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha Nov 2007

Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.


Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen Nov 2007

Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen

Scholarly Works

The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggest that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances, have all also put pressure on the reified role of "treaty" in identifying rules ...


The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles Nov 2007

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007 Oct 2007

Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007

Saffy Collection - All Textual Materials

Banquet held on Friday, October 19th, 2007.


Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein Oct 2007

Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein

Michael J. Kelly

This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems ...


Housing The Working Poor, Peter Dreier Oct 2007

Housing The Working Poor, Peter Dreier

UEP Faculty & UEPI Staff Scholarship

No abstract provided.


Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr. Oct 2007

Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.

Faculty Scholarship at Penn Law

Current odious debt doctrine– using the term “doctrine” loosely, since it has never formally been adopted by a court or international decision maker– dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. Sack suggested that debt obligations are odious and therefore unenforceable if 1) they were incurred without the consent of the populace; 2) they did not benefit the populace; and 3) the lender knew or should have known about the absence of consent and benefit. The tripartite Sack definition, which quickly became the foundation of odious debt analysis, contemplates a debt-by-debt approach to questionable ...


Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman Sep 2007

Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman

Faculty Scholarship at Penn Law

The use of bribes to co-opt an enemy’s forces can be a more effective way to wage war than the conventional use of force: Relative to bombs, bribes can save lives and resources, and preserve civic institutions. This essay evaluates the efficacy and normative desirability of selectively substituting bribes for bombs as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck ...


Law's Autonomy, Ashok Agrwaal Sep 2007

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into ...


Civil Disobedience And The Necessity Defense, John Alan Cohan Sep 2007

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg ...


Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad Sep 2007

Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad

Division II Faculty Publications

Japan’s civil society is being transformed as more people volunteer for advocacy and professional nonprofit organizations. In the American context, this trend has been accompanied by a decline in participation in traditional organizations. Does the rise in new types of nonprofit groups herald a decline of traditional volunteering in Japan? This article argues that while changes in civil rights, political opportunity structure, and technology have also taken place in Japan, they have contributed to the rise of new groups without causing traditional organizations to decline, because Japanese attitudes about civic responsibility have continued to support traditional volunteering.


Continuidade E Mudança No Brasil: Os Legados Do Bacharelismo, João Batista De Castro Júnior, Bernd Reiter Sep 2007

Continuidade E Mudança No Brasil: Os Legados Do Bacharelismo, João Batista De Castro Júnior, Bernd Reiter

Government and International Affairs Faculty Publications

In this article, we discuss some of the literature on the development of the Portuguese colonial legacy called "bacharelismo and seek to provide an answer to the question why clientelism and patronage are still such pervasive forces in Brazilian politics and indeed in broader society. By tracing back the ways how certain groups have conquered, maintained, and defended privilege vis-`a-vis popular sectors of Brazilian society and by following this process of defending inherited privilege all the way to contemporary times, we seek to support our main argument, which is that Brazilian society has never been sufficiently re-structured in order ...


Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad Aug 2007

Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad

Mary Alice Haddad

Japan’s civil society is being transformed as more people volunteer for advocacy and professional nonprofit organizations. In the American context, this trend has been accompanied by a decline in participation in traditional organizations. Does the rise in new types of nonprofit groups herald a decline of traditional volunteering in Japan? This article argues that while changes in civil rights, political opportunity structure, and technology have also taken place in Japan, they have contributed to the rise of new groups without causing traditional organizations to decline, because Japanese attitudes about civic responsibility have continued to support traditional volunteering.


The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen Aug 2007

The Political Economy Of Aids Treatment: Intellectual Property And The Transformation Of Generic Supply, Kenneth C. Shadlen

Ken Shadlen

This article examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. While most of the literature on IP and health examines the conditions affecting poor countries’ capacities to acquire essential medicines, I show the distinct – and more complicated – political economy of production and supply. IP regulations alter the structure of generic pharmaceutical sectors in the countries capable of supplying essential medicines, and changes in market structure affect actors’ economic and political interests and capacities. These new constellations of interests and capacities have profound implications for the ...


Geopolitical Rivalry In The Caspian-Caucasus Region And The Dilemma Of Interstate Cooperation, Nurettin Altundeger Jul 2007

Geopolitical Rivalry In The Caspian-Caucasus Region And The Dilemma Of Interstate Cooperation, Nurettin Altundeger

Graduate Program in International Studies Theses & Dissertations

This dissertation develops a unique way of analyzing the interstate relationship in the Caspian region over the development of Caspian oil resources. Based on three different independent variables, this dissertation seeks to understand the main reasons behind the absence of interstate cooperation in the Caspian Sea region.

Among the variety of factors that might have affected the nature of interstate relationships and cooperation in the region, national interest considerations among the littoral states and external powers involved in the affairs of the Caspian Sea region proved to be the most important factor(s) that explain the lack of cooperation in ...


Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann Jun 2007

Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann

Michael D. Mann

No abstract provided.


Toward An Identity Theory Of International Organizations, Sungjoon Cho Jun 2007

Toward An Identity Theory Of International Organizations, Sungjoon Cho

All Faculty Scholarship

Conventional international relations (IR) theorists, such as realists, neo-functionalists or regime theorists, view international organizations (IOs) as passive tools with which to achieve certain goals. Although an IO may facilitate inter-state cooperation and reduce transaction costs, it does not have a life of its own. Therefore, conventional IR theorists focus mostly on the creation of an IO and inter-state cooperation leading up to the creation. As a result, an IO's institutional change remains rather an “under-studied” and “under-theorized” issue in the conventional international relations (IR) framework.

Granted, conventional IR theories may provide useful insights on an inter-national dynamic among ...


Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer May 2007

Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer

Timothy Meyer

No abstract provided.


The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall May 2007

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Noah D Hall

Citizen participation is critical in environmental law compliance. While citizens often have a major role in advancing compliance with domestic environmental law, citizens have historically had a much more limited role in international environmental law. However, a new model is emerging North America. The role of citizens in United States-Canadian international environmental law compliance has expanded greatly over the past several decades. Beginning in the 1970’s with increased public participation in binational governance agreements and expanding in the past two decades to formal roles in monitoring implementation of international environmental agreements, citizen participation is now central in the United ...


Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall May 2007

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Noah D Hall

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal ...


Politique Partisane Et Indépendence Judiciare, Neal Devins May 2007

Politique Partisane Et Indépendence Judiciare, Neal Devins

Faculty Publications

No abstract provided.


Weshalb Die Uno Ein Parlament Braucht, Beat Habegger Apr 2007

Weshalb Die Uno Ein Parlament Braucht, Beat Habegger

Beat Habegger

No abstract provided.


Term Limits And Party Loyalty, Tom Campbell, Cameron Doolittle Apr 2007

Term Limits And Party Loyalty, Tom Campbell, Cameron Doolittle

Tom Campbell

No abstract provided.


Active Sovereignty, Timothy Zick Apr 2007

Active Sovereignty, Timothy Zick

Faculty Publications

No abstract provided.


The Impact Of Privatization On Economic Growth And Income Inequality In Developing Countries, Samuel Adams Apr 2007

The Impact Of Privatization On Economic Growth And Income Inequality In Developing Countries, Samuel Adams

School of Public Service Theses & Dissertations

In the 1960s and 1970s academicians, economists and politicians favored state ownership over private ownership in the production and provision of goods and services. By the end of the 1980s, however, there was a reversal of public policy from state domination of the production and provision of goods and services to private ownership and operation. This was due in part to what the World Bank referred to as "state failure”, which was characterized by inefficient service delivery, unprofitable SOEs, high government debt, and stagnant economic growth rates. Accordingly, privatization caught on in many countries as a policy tool to foster ...


Weak Democracy, Strong Information: The Role Of Information Technology In The Rulemaking Process, Cary Coglianese Feb 2007

Weak Democracy, Strong Information: The Role Of Information Technology In The Rulemaking Process, Cary Coglianese

Faculty Scholarship at Penn Law

Techno-optimists advocate the application of information technology to the rulemaking process as a means of advancing strong democracy -- that is, direct, broad-based citizen involvement in regulatory policy making. In this paper, I show that such optimism is unfounded given the obstacles to meaningful citizen deliberation posed by the impenetrability of current e-rulemaking developments, the prevailing level of citizen disengagement from politics and policy making more generally, and most citizens’ lack of the requisite technical information about and understanding of the issues at stake in regulatory decision making. As such, a more realistic goal for the application of new technology to ...