Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

2007

Series

Institution
Keyword
Publication

Articles 1 - 20 of 20

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 ...


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.


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 ...


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 ...


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 ...


Politique Partisane Et Indépendence Judiciare, Neal Devins May 2007

Politique Partisane Et Indépendence Judiciare, Neal Devins

Faculty Publications

No abstract provided.


Active Sovereignty, Timothy Zick Apr 2007

Active Sovereignty, Timothy Zick

Faculty Publications

No abstract provided.


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 ...


Toward A New Economic Constitution: Judicial Disciplines On Trade Politics, Sungjoon Cho Feb 2007

Toward A New Economic Constitution: Judicial Disciplines On Trade Politics, Sungjoon Cho

All Faculty Scholarship

This article first observes that protectionism is an icon of trade politics and thus likely to gather fresh momentum as a domestic election approaches. The paper then problematizes protectionism beyond mere seasonal election politics by revealing its fatal pathologies both to the United States and to the rest of the world. Protectionism basically caters to the special interest at the expense of the larger public interest, which may be coined as a Madisonian constitutional failure. It also deviates from global trading norms, which the United States hypocritically continues to preach adherence to for the rest of the world. This double ...


The Culture Of Citizenship, Leti Volpp Jan 2007

The Culture Of Citizenship, Leti Volpp

Faculty Scholarship

The headscarf debate in France exemplifies what is widely perceived as the battle between a culture-free citizenship and a culturally-laden other. This battle, however, presumes the existence of a neutral state that must either tolerate or ban particular cultural differences. In this Article, I challenge that presumption by demonstrating how both cultural difference and citizenship are imagined and produced. The citizen is assumed to be modern and motivated by reason; the cultural other is assumed to be traditional and motivated by culture. Yet citizenship is both a cultural and anti-cultural institution: citizenship positions itself as oppositional to culture, even as ...


Chief Justice Rehnquist's Appointments To The Fisa Court: An Empirical Perspective, Theodore Ruger Jan 2007

Chief Justice Rehnquist's Appointments To The Fisa Court: An Empirical Perspective, Theodore Ruger

Faculty Scholarship at Penn Law

No abstract provided.


Defendendo Privilégio: Os Limites Da Participação Popular Em Salvador, Bahia, Bernd Reiter Jan 2007

Defendendo Privilégio: Os Limites Da Participação Popular Em Salvador, Bahia, Bernd Reiter

Government and International Affairs Faculty Publications

Este estudo enfoca as mudanças das relações Estadosociedade no estado da Bahia, e os fatores que condicionam uma participação democrática. A partir de trabalho de campo realizado durante várias viagens entre 2001 e 2006 à Salvador, BA, coletei dados sobre a qualidade da participação comunitária na gestão de escolas públicas, no processo de planejamento urbano (PDDU) e no orçamento participativo, iniciado em janeiro de 2005 naquela cidade.

Comparei três áreas de interação entre o governo local e a sociedade em geral, sociedade civil especificamente. Este artigo é enfocado nas duas últimas áreas da política, mas, em todos os casos observados ...


Hedge Funds And Governance Targets, William W. Bratton Jan 2007

Hedge Funds And Governance Targets, William W. Bratton

Faculty Scholarship at Penn Law

Corporate governance interventions by hedge fund shareholders are triggering debates between advocates of management empowerment and advocates of aggressive monitoring by actors in the capital markets. This Article intervenes with an empirical question: What, based on the record so far, have the hedge funds actually done to their targets? Information has been collected on 130 domestic firms identified in the business press since 2002 as targets of activist hedge funds, including the funds’ demands, their tactics, and the results of their interventions for the targets’ governance and finance. The survey results show that the hedge funds have an enviable record ...


Mandatory Constitutions, Paul D. Carrington Jan 2007

Mandatory Constitutions, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins Jan 2007

The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.