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2009

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Articles 1 - 30 of 149

Full-Text Articles in Political Science

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School Dec 2009

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

Faculty Scholarship at Penn Law

The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness ...


“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus Dec 2009

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre ...


Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay


Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo


Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot


Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom


Suboptimal Executive Privilege, Stephen C. N. Lilley Dec 2009

Suboptimal Executive Privilege, Stephen C. N. Lilley

BYU Law Review

No abstract provided.


The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh Nov 2009

The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim of the « Citizen Constitution » to ...


Treaty Compliance And Violation, Beth A. Simmons Nov 2009

Treaty Compliance And Violation, Beth A. Simmons

Faculty Scholarship at Penn Law

International law has enjoyed a recent renaissance as an important subfield of study within international relations. Two trends are evident in the recent literature. First, the obsession with theoretical labels is on the decline. Second, empirical, especially quantitative, work is burgeoning. This article reviews the literature in four issues areas — security, war, and peace; international trade; protection of the environment; and human rights — and concludes we have a much stronger basis for assessing claims about compliance and violation now than was the case only a few years ago. Still, the literature suffers from a few weaknesses, including problems of selection ...


Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2009

Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Oct 2009

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne

Péter Cserne

This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior Oct 2009

Speak Clearly And Carry A Big Stock Of Dollar Reserves: Sovereign Risk, Ideology, And Presidential Elections In Argentina, Brazil, Mexico, And Venezuela, Anthony Petros Spanakos, Lucio Remuzat Renno Junior

Department of Political Science and Law Faculty Scholarship and Creative Works

Partisan theories of political economy expect that bondholders will panic with the election of a left-wing presidential candidate. The latter seems to be what happened in Brazil in the 2002 presidential elections. However, quantitative analysis of perceptions of sovereign credit risk in Argentine, Brazilian, Mexican, and Venezuelan presidential elections from 1994 until 2007 shows no real evidence of a link between partisanship and perceptions of risk, even if the left-right divide is further broken down into left, center-left, center-right, right. Instead, international and domestic economic fundamentals have a stronger influence on risk evaluations. Qualitative analysis of the individual presidential elections ...


The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz Oct 2009

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.


Institutional Design And Governance In Microbial Research Commons, Charlotte Hess Oct 2009

Institutional Design And Governance In Microbial Research Commons, Charlotte Hess

Libraries' and Librarians' Publications

Presentation slides on institutional design and governance to facilitate a global research commons for microbiology delivered at the International Symposium on Designing the Microbial Research Commons, sponsored by the National Academy of Sciences, Washington, DC, 8-9 October 2009.


The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen Sep 2009

The Politics Of Patents And Drugs In Brazil And Mexico: The Industrial Bases Of Health Policies, Kenneth C. Shadlen

Ken Shadlen

After introducing pharmaceutical patents in the 1990s, Brazil subsequently adjusted the patent system to ameliorate its effects on drug prices while Mexico introduced measures that reinforce and intensify these effects. The different trajectories are due to the nature of the actors pushing for reform and subsequent patterns of coalitional formation and political mobilization. In Brazil, government demand for expensive, patented drugs made health-oriented patent reform a priority, and the existence of an autonomous local pharmaceutical sector allowed the Ministry of Health to build a supportive coalition. In Mexico, government demand made reforms less urgent, and transformations of the pharmaceutical sector ...


On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet Sep 2009

On The Constitutionalisation Of The Convention: The European Court Of Human Rights As A Constitutional Court, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Fear And Projection As Root Causes Of War, And The Archetypal Energies "Trust" And "Peace" As Antidotes, Carroy U. Ferguson Sep 2009

Fear And Projection As Root Causes Of War, And The Archetypal Energies "Trust" And "Peace" As Antidotes, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

I want to use this opportunity to discuss a phenomenon that continues to plague the human experience. It is called the game of war. War is perhaps the deadliest game that humanity has created. The conflict itself represents what appears to be opposing views about the way things should be. Each side believes that it is right and that its actions are justified. Each side therefore seeks to impose its views on the other or to defend its views against the other. Each side fears the other as an enemy and each side projects its fears onto its perceived “enemy.”


Gouverner: Détecter Et Prévenir!, Antoinette Rouvroy Sep 2009

Gouverner: Détecter Et Prévenir!, Antoinette Rouvroy

Antoinette Rouvroy

No abstract provided.


Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin Sep 2009

Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin

UEP Faculty & UEPI Staff Scholarship

No abstract provided.


Mayorías Sin Democracia. Desequilibrio De Poderes Y Estado De Derecho En Colombia, 2002-2009, Mauricio García-Villegas, Javier Revelo-Rebolledo Aug 2009

Mayorías Sin Democracia. Desequilibrio De Poderes Y Estado De Derecho En Colombia, 2002-2009, Mauricio García-Villegas, Javier Revelo-Rebolledo

Javier Revelo-Rebolledo

Presidential re-election is a subject that has been present, with very few interruptions, in the Colombian press since 2004. A lot has been said, discussed and analyzed in favor of, as well as against, re-election during these recent times. The core of this disagreement is in the concept of democracy. While defenders of this constitutional reform place the accent in political majorities and believe that we must adapt the rules of the constitutional game to them, opponents make a distinction between affairs of this political juncture –majority and minority rules- and fundamental long term affairs, pertaining to the Constitution.


Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden Aug 2009

Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden

Faculty Scholarship at Penn Law

International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into ...


Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly Aug 2009

Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly

Department of Justice Studies Faculty Scholarship and Creative Works

The current investigation extends previous work on citizens' perceptions of police performance. It examines the origins of between-community differences in concerned citizens' judgments that police are responding sufficiently to a local social problem. The problem is local unsupervised teen groups, a key indicator for both the revised systemic social disorganization perspective and the incivilities thesis. Four theoretical perspectives predict ecological determinants of these shared judgments. Less perceived police responsiveness is anticipated in lower socioeconomic status (SES) police districts by both a political economy and a stratified incivilities perspective; more predominantly minority police districts by a racialized justice perspective; and in ...


An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay Aug 2009

An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay

Dissertations

This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish ...


Moving Beyond Islam And Human Rights: Review Of Akbarzadeh & Macqueen's 'Islam And Human Rights', Anthony Chase Jul 2009

Moving Beyond Islam And Human Rights: Review Of Akbarzadeh & Macqueen's 'Islam And Human Rights', Anthony Chase

Anthony Chase

No abstract provided.


The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson Jul 2009

The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

This message has several purposes. First, I want to express my immense joy that Chip Baggett and I are serving as Co-Presidents of AHP since August 16, 2009. In my view, Chip and I are long-time friends, who have a transcendent connection and synergistic energies. My desire and intent is for our co-presidency to mirror the effect(s) of synergistic collaboration as a “point of attraction” that can assist in the evolution of human consciousness across often “perceived personal and societal boundaries” (e.g., race, culture, ethnicity, class, individual and collective belief systems, and dogma). More generally, however, this message ...


Détecter Et Prévenir : De La Digitalisation Des Corps Et De La Docilité Des Normes., Antoinette Rouvroy, Thomas Berns Jul 2009

Détecter Et Prévenir : De La Digitalisation Des Corps Et De La Docilité Des Normes., Antoinette Rouvroy, Thomas Berns

Antoinette Rouvroy

D’une manière quelque peu intempestive sans doute eût égard au thème général de l’ouvrage – gouverner par les corps - et aux pensées de la biopolitique qui s’y déploient, il s’agit ici de tenter d’identifier en quoi les nouvelles technologies de l’observation, de l’information, de la communication et de la réseautique, procédant à la digitalisation de la vie même, intensifiant la ‘dispersion’ ou la ‘dividualisation’ du sujet humain , tout en alimentant le mythe de sa prévisibilité, donnent lieu à une nouvelle forme de gouvernementalité irréductible aux « arts de gouverner » décrits par Foucault sous les traits ...


Interstate Environmental Impact Assessment, Noah D. Hall Jul 2009

Interstate Environmental Impact Assessment, Noah D. Hall

Noah D Hall

This article proposes a new state-based policy – interstate environmental impact assessment – that builds on the National Environmental Policy Act’s Environmental Impact Statement process to address interstate environmental harms. Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged American environmental law for over a century. Interstate environmental impact assessment would provide a procedural mechanism for an affected state and its citizens to influence the source state and minimize or prevent interstate environmental harms. The process itself would address the underlying problems of inadequate information, public process bias, and ...


The Admissibility Of Social Science Evidence In Criminal Cases, Hon. Donald E. Shelton Jul 2009

The Admissibility Of Social Science Evidence In Criminal Cases, Hon. Donald E. Shelton

Hon. Donald E. Shelton

The rapid development of emerging scientific methods, especially the increased understanding of deoxyribonucleic acid ("DNA"), has had, and will undoubtedly continue to have, an almost stunning impact on our justice system, particularly at the trial level. The forensic applications of these new scientific discoveries have been most dramatically seen in the criminal trial court. They have also caused us to re-examine other forms of forensic evidence that have been rather routinely admitted in our courts. Forensic evidence from social scientists is certainly one of those forms. Which of these forms of scientific forensic evidence have sufficient validity to be used ...