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

Political Science Commons

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

Law

2009

Selected Works

Keyword
Publication
File Type

Articles 1 - 30 of 47

Full-Text Articles in Political Science

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 ...


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.” 


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.


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.


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 ...


Book Review Of: Judging Mohammed: Juvenile Delinquency, Immigration, And Exclusion At The Paris Palace Of Justice, By Susan J. Terrio, Patrick Schmidt Jun 2009

Book Review Of: Judging Mohammed: Juvenile Delinquency, Immigration, And Exclusion At The Paris Palace Of Justice, By Susan J. Terrio, Patrick Schmidt

Patrick Schmidt

No abstract provided.


The Political Economy Of Aid And Regime Legitimacy In Cambodia, Sophal Ear Jun 2009

The Political Economy Of Aid And Regime Legitimacy In Cambodia, Sophal Ear

Sophal Ear

.


The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield Jun 2009

The Role Of International Law Firms And Multijural Legal Human Capital In The Harmonization Of Legal Regimes, Gillian K. Hadfield

Gillian K Hadfield

The problem of harmonizing legal rules across multiple overlapping legal orders is, in part, a problem of knowledge. If the public goal of harmonization is to promote value in transactions and dispute resolution, a legal regime needs institutions that facilitate the production of multijural human capital: expertise about how legal rules interact with each other and with the environment in which economic actors design transactions and dispute processing mechanisms. Because much of this expertise is embedded with the actors involved in transactions and disputes, the production of expertise has to be supported by adequate incentives for private actors to invest ...


Olavo De Carvalho Sobre Economia De Mercado E Tradição, Lucas Mendes Jun 2009

Olavo De Carvalho Sobre Economia De Mercado E Tradição, Lucas Mendes

Lucas Mendes

O presente ensaio pretende discutir o argumento libertário de que a moral deve ser um elemento inerente, senão subjacente, à própria economia livre. Para tanto, traz-se à tona os argumentos de Gertrude Himmelfarb e Olavo de Carvalho para esclarecer o papel fundamental da ética e o porquê de sua prioridade absoluta sobre a ordem de mercado.


Conducting Law And Society Research: Reflections On Methods And Practices, Patrick Schmidt, Simon Halliday May 2009

Conducting Law And Society Research: Reflections On Methods And Practices, Patrick Schmidt, Simon Halliday

Patrick Schmidt

No abstract provided.


O Que É Uma Universidade?, Paulo Ferreira Da Cunha May 2009

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na universidade que vem aí ...


Who Polices The Police? Apr 2009

Who Polices The Police?

Gil J. Villagran

The San Jose Police Department has been featured almost weekly in news reports of six taser deaths since 2005, racial profiling, selective vehicle stops, and drunken arrests. An October Mercury News report that San Jose police arrested 4,600 in one year for public intoxication, and a disproportionate 56% were Latinos, resulted in hundreds attending a public hearing. If Chief Rob Davis cannot restrain aggressive officers quick on the draw with tasers or firearms, arresting non-violent inebriated individuals with sober designated drivers, then who can police the police?


An Introduction To Social Choice, Maxwell L. Stearns Mar 2009

An Introduction To Social Choice, Maxwell L. Stearns

Maxwell L. Stearns

Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals versus groups under specified conditions and the significance of these differences in various institutional decision making contexts. This introductory chapter on social choice for the Elgar Handbook on Public Choice (Elgar Publishing Company, Dan Farber and Anne O’Connell, editors), introduces the basic framework of social choice, considers the implications of social choice for various legal and policy contexts, and provides a framework for evaluating a range of normative proposals grounded in social choice for reforming lawmaking institutions. After a brief introduction, part II introduces ...


Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson Feb 2009

Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us ...


The Concept Of Private Property And The Limits Of The Environmental Imagination Jan 2009

The Concept Of Private Property And The Limits Of The Environmental Imagination

John Meyer

An absolutist concept of property has the power to shape and constrain the public imagination. Libertarian theorists normatively embrace this concept. Yet its influence extends far beyond these proponents, shaping the views of an otherwise diverse array of theorists and activists. This limits the ability of environmentalists, among others, to respond coherently to challenges from property rights advocates in the U.S. I sketch an alternative concept—rooted in practice—that understands private property as necessarily embedded in social and ecological relations, rather than constrained by these relations. I argue that this concept can prefigure a more robust environmentalism.


Book Review Of: Philadelphia Freedom: Memoir Of A Civil Rights Lawyer, By David Kairys, Patrick Schmidt Jan 2009

Book Review Of: Philadelphia Freedom: Memoir Of A Civil Rights Lawyer, By David Kairys, Patrick Schmidt

Patrick Schmidt

No abstract provided.


A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron Jan 2009

A Pre-Emptive Pardon For Those Who Tortured Could Backfire, Ariel Meyerstein, David D. Caron

David D. Caron

No abstract provided.


Making Change: A Six-Month Review, Gregory Koger Dec 2008

Making Change: A Six-Month Review, Gregory Koger

Gregory Koger

This article surveys President Obama's policy agenda-setting for the first six months of his term. I consider whether the conditions ripe for an ambitious policy agenda and summarize the logic of Presidential agenda-setting. I use this framework to explain the Democrats' agenda for 2009, summarize their progress thus far, and discuss the implications for the Democratic Party in 2010 and after. Although the Democrats have made significant progress on their policy goals, they have not reaped the full political rewards from this success. Instead, the majority party will likely be judged on the pace of economic recovery and whether ...


Arab Human Rights Non-Governmental Organizations, Anthony Chase Dec 2008

Arab Human Rights Non-Governmental Organizations, Anthony Chase

Anthony Chase

No abstract provided.


Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia Dec 2008

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Understanding The Prop 8 Litigation: The Scope Of Direct Democracy And Role Of Judicial Scrutiny, Ronald Steiner Dec 2008

Understanding The Prop 8 Litigation: The Scope Of Direct Democracy And Role Of Judicial Scrutiny, Ronald Steiner

Ronald L. Steiner

Once the California Supreme Court decision is handed down, the precise contours of the battle over Proposition 8 and marriage equality will change, but nothing on the political horizon will make moot many of the fundamental issues direct democracy raises for California and the nation. A special and enduring element of the Prop 8 controversy is the role of judicial review in the scrutiny of the results of ballot propositions. A slice of conventional wisdom seems to suggest that the results of plebiscites should be nearly immune from judicial review. On the other hand, many political and legal scholars are ...


A Commentary On The Old Saw That Same-Sex Marriage Threatens Civilization, Ronald L. Steiner Dec 2008

A Commentary On The Old Saw That Same-Sex Marriage Threatens Civilization, Ronald L. Steiner

Ronald L. Steiner

Discussions of same-sex marriage frequently entertain the notion that civilization is somehow at stake were a society to award legal sanction to it, and to gay rights more generally. Typically, those who express concern for negative civilizational consequences have in mind Western civilization, and more specifically Christian civilization. This civilizational concern will often be amplified by the implication that opposite-sex, or opposite-sex monogamous marriage is a timeless human universal. Any other marital regime is presumed to be an aberration, most likely the result of grave moral depravity of a sort supposedly facilitated by the modern rights-based society. This chapter subjects ...


Public Responsibility And Political Consumption (In Hebrew), Assaf Meydani Dec 2008

Public Responsibility And Political Consumption (In Hebrew), Assaf Meydani

Prof. Assaf Meydani

In the last two decades in Israel, numerous attempts at reform have been made in various areas, but have not left a significant mark. Why has it been so difficult to implement these reforms and why did they fail? This book examines various governmental failures in Israel, both institutional and behavioral-cultural ones, and suggests possible solutions that, whilst perhaps less than optimal, would nevertheless be feasible to implement and stem from long-range thinking. The book emphasizes the structural, procedural, and social factors that impact public policy in Israel and describes their complex interactions with various players in Israeli society. The ...


Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations? Three Logics Of Nonproliferation Decision-Making, Andrew J. Grotto Dec 2008

Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations? Three Logics Of Nonproliferation Decision-Making, Andrew J. Grotto

Andrew J Grotto

Why do states that oppose nuclear proliferation resist initiatives to strengthen the nonproliferation regime? There is virtually universal support for the basic principle of nonproliferation—all countries but four are states-party to the Non-Proliferation Treaty (NPT). Yet enthusiasm among NPT parties for proposals to strengthen the nonproliferation regime varies widely even as new challenges highlight dangerous gaps in the regime.

There is something approaching consensus among scholars and policy-makers that many states resist proposals to strengthen the nonproliferation end of the NPT bargain largely because America and other NWS haven’t made satisfactory progress towards nuclear disarmament. I suggest this ...