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Full-Text Articles in Political Science

Don’T Be Silly: Lawmakers “Rarely” Read Legislation And Oftentimes Don’T Understand It . . . But That’S Okay, Brian Christopher Jones Sep 2013

Don’T Be Silly: Lawmakers “Rarely” Read Legislation And Oftentimes Don’T Understand It . . . But That’S Okay, Brian Christopher Jones

Brian Christopher Jones

During the debate over the Patient Protection and Affordable Care Act ("Obamacare"), the reading and understanding of legislation became one of the most controversial issues mentioned in Congress and throughout the media. This led many to state that lawmakers should “read the bill,” and led one academic to propose a read-the-bill rule for Congress, where legislators would not vote or vote “no” if they had not read the full text of the legislation. My essay argues that in contemporary legislatures such proposals are unfeasible, and would ultimately produce lower quality legislation. In doing so, the piece uses interviews with legislative ...


Intellectual Property Policy, Matthew Rimmer Aug 2013

Intellectual Property Policy, Matthew Rimmer

Matthew Rimmer

The link between IP and poverty may not be obvious, but as Nobel Laureate Professor Joseph Stiglitz has pointed out, ‘societal inequality was a result not just of the laws of economics, but also of how we shape the economy - through politics, including through almost every aspect of our legal system’. Stiglitz is concerned that ‘our intellectual property regime… contributes needlessly to the gravest form of inequality.’ He maintains: ‘The right to life should not be contingent on the ability to pay.’ In Australian Federal politics, there have been significant debates about intellectual property in the fields of information technology ...


Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz Aug 2013

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine ...


Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich Jun 2013

Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich

Indiana Journal of Law and Social Equality

No abstract provided.


Capitalizing In The Nation’S Capital: Matching State And Regional Resources To Administration Funding Priorities, John Hudak Mar 2013

Capitalizing In The Nation’S Capital: Matching State And Regional Resources To Administration Funding Priorities, John Hudak

Lectures/Events (BMW)

This presentation explores the relationship between the funding and policy priorities established by presidential administrations and the financial resources provided to individual states and regions. Information gathered from a newly compiled database of all federal project grants from 1996-2008 helps illuminate the distribution of money across the 50 states. These data are complemented by field research in federal and state bureaucracies. Would you be surprised to learn that the executive branch delivers more money and grants to swing states than all other states? Furthermore, the proximity of a presidential election further enhances this preference to deliver funds to swing states ...


Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz Jan 2013

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed ...


Petitions, Privacy, And Political Obscurity, Rebecca Green Jan 2013

Petitions, Privacy, And Political Obscurity, Rebecca Green

Faculty Publications

People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss ...


"Simple" Takes On The Supreme Court, Robert Tsai Dec 2012

"Simple" Takes On The Supreme Court, Robert Tsai

Robert L Tsai

This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably ...


The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee Dec 2012

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically ...


Book Review: 'Living Legislation' By Jeffery A. Jenkins & Eric M. Patashnik (Eds), Brian Christopher Jones Dec 2012

Book Review: 'Living Legislation' By Jeffery A. Jenkins & Eric M. Patashnik (Eds), Brian Christopher Jones

Brian Christopher Jones

No abstract provided.