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2013

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Articles 31 - 60 of 211

Full-Text Articles in Political Science

A New Introduction To American Constitutionalism, Mark Graber Oct 2013

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram Oct 2013

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However ...


Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram Oct 2013

Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram

David Ingram

Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates ...


Foucault And Habermas, David Ingram Oct 2013

Foucault And Habermas, David Ingram

David Ingram

The article is a comprehensive comparison of Foucault and Habermas which focuses on their distinctive styles of critical theory. The article maintains that Foucault's virtue ethical understanding of aesthetic self-realization as a form of resistance to normalizing practices provides counterpoint to Habermas's more juridical approach to institutional justice and the critique of ideology. The article contains an extensive discussion of their respective treatments of speech action, both strategic and communicative, and concludes by addressing Foucault's understanding of parrhesia as a non-discursive form of truth-telling.


Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman Oct 2013

Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman

Lectures/Events (BMW)

More than 90 percent of bills introduced in the U.S. House never make it to a floor vote, and far fewer are enacted into law. Since legislative gridlock is much more common than legislative action, in order to understand policy outcomes, it is critical to know why bills are obstructed. Gridlock occurs when a legislator (or group of legislators) wants to block a bill, and has the procedural right to do so. Using new data on the procedural rules in the U.S. states, this presentation will identify the chambers in which legislators can block bills from the legislative ...


Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek Oct 2013

Citizen Engagement In The Shrinking City: Toward Development Justice In An Era Of Growing Inequality, Barbara L. Bezdek

Faculty Scholarship

What are the aims of the revitalization conducted by local officials: for which social goods? Good for whom? By what means can the city’s people understand and influence the tradeoffs made by their government in the redevelopment of city blocks already occupied by residents. This is more than a matter of development finance or physical redevelopment. It is a question of social justice, of whose reality counts in the legal process utilized to reach development decisions and approve significant public subsidy for the projects that are remaking American cities.

Sherry Arnstein, writing in 1969 about citizen involvement in planning ...


Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier Oct 2013

Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier

Faculty Scholarship

Underlying scholarly interest in diversity is the premise that a representative body contributes to robust decision-making processes. Using an innovative measure of opinion content, we examine this premise by analyzing deliberative outputs in the US courts of appeals (1997-2002). While the presence of a single female or minority did not affect the attention to issues in the majority opinion, panels composed of a majority of women or minorities produced opinions with significantly more points of law compared to panels with three Caucasian males.


New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi Oct 2013

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did ...


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 ...


Democracy And Disgust: Reflections On Public Choice, Daniel A. Farber Sep 2013

Democracy And Disgust: Reflections On Public Choice, Daniel A. Farber

Daniel A Farber

No abstract provided.


Brown To Black: The Politics Of Judicial Appointments For Latinos, Maria Echaveste Sep 2013

Brown To Black: The Politics Of Judicial Appointments For Latinos, Maria Echaveste

Maria Echaveste

Discusses observations in judicial appointment for Hispanics. Existence of barriers to Latino judicial appointments; Absence of unity among Hispanic functions to forestall the nomination of qualified Latinos; Lack of qualifications due to the raw political nature of judicial appointments; Illustration of the situation through actual events; Revelation of lessons from foregoing reflections.


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 ...


A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia Aug 2013

A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia

Ahmed E SOUAIAIA

Qatar, Saudi Arabia, United Arab Emirate (UAE), Turkey, and the West condemned in unison the Syrian regime for its harsh treatment of Syrians from the first day of the uprising in that country. Many observers were skeptical of the stated reasons for this sudden interest in human rights issues given that the Gulf States are in fact models of repressive governance. As the reaction to the Egyptian crisis revealed, the opposition to the Syrian regime was not motivated by its stated goals (support for democracy and condemnation for authoritarianism). It was dictated by narrow political, ideological, and sectarian interests.


Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson Aug 2013

Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson

Publications and Research

In this report, the authors documents how persecution of and violence against the Rohingya in Burma has spread to other Muslim communities throughout the country. Physicians for Human Rights conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR’s most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013.


Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa Aug 2013

Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa

Michael A Pipa

The first use of the modern day attack drone by the United States was in Afghanistan in mid 2002, and for the past 11 years attack drones have been used by the United States in as many countries as Pakistan, Yemen and Somalia. When considering the alternatives to using drones, such as sending marines on the ground to complete a mission or flying a piloted jet over enemy territory to gather intelligence, as well as the military power that the use of these vehicles projects, the attack drone has become the weapon of choice in the war on terror for ...


Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee Aug 2013

Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The Singapore Court of Appeal’s judgment in Vellama d/o Marie Muthu v Attorney-General [2013] SGCA 39 – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics. The Court held that the Government was incorrect in asserting the Constitution confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The judgment came as a surprise to those used to a judicial stance fairly deferential towards the Government, but on balance the Court did accord ...


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 ...


The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold Aug 2013

The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold

Theses and Dissertations

The Bipartisan Campaign Reform Act increased the individual donor limit to $2,000 per candidate per election and indexed the limit for inflation every two years. The primary research question guiding this study is how has the increase in the donor limit affected donor behavior. Answering this question should allow a determination to be made about how donors have responded to the increased donor limit. Understanding how donors responded to the doubled limit is important because it provides evidence on the intersection of wealth inequality and political influence. To answer the research question this study considers how the increased donor ...


Political Culture, Policy Liberalism, And The Strength Of Journalist's Privilege In The States, Casey James-Michael Carmody Aug 2013

Political Culture, Policy Liberalism, And The Strength Of Journalist's Privilege In The States, Casey James-Michael Carmody

Theses and Dissertations

This study examined the relationships between the strength of states' journalist's privileges and state characteristics. The state characteristics included political culture and policy liberalism. The study created an index to identify and score several important components of journalist's privilege in each state. The various components included the legal source of the privilege, when journalists could use the privilege, what types of information the privilege protected, and who could invoke the privilege. The study then used statistical tests to test the relationships between state characteristics and privilege strength. The results indicated that policy liberalism was a significant predictor of ...


Private Cyber Retaliation Undermines Federal Authority, Jan Kallberg Jul 2013

Private Cyber Retaliation Undermines Federal Authority, Jan Kallberg

Jan Kallberg

The demarcation in cyber between the government and the private spheres is important to uphold because it influences how we see the state and the framework in which states interact. One reason we have a nation state is, in a uniform and structured way, under the guidance of a representative democracy, to deal with foreign hostility and malicious activity.

The state is given a monopoly on violence by its citizenry. The state then acts under the existing laws on behalf of the citizens to ensure the intentions of the population it represents. These powers grant the federal government an authority ...


Organization, Mandate, Performance: Pacs In The Asian Region, Riccardo Pelizzo, Sruti Bandyopadhyay Jul 2013

Organization, Mandate, Performance: Pacs In The Asian Region, Riccardo Pelizzo, Sruti Bandyopadhyay

Riccardo Pelizzo

the paper investigates the organization, the mandate and the performance of public accounts committees in Asia. The evidence presented here can easily be summarized in the following terms: PACs from Asia are bigger, better staffed and more likely to be chaired by an opposition MP than PACs in the rest of the world. These three characteristics are offset by the fact that in Asian PACs opposition parties are not represented nearly as well as they are in the rest of the world. In terms of mandate, PACs in Asia have on average a much wider mandate than they do elsewhere ...


The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry Jul 2013

The Contours Of Judicial Tenure In State Courts Of Last Resort: Accountability Vs. Independence, Todd A. Curry

Todd A. Curry

The study of state courts of last resort is a field which has, up until recently, been significantly underrepresented in political science (Baum 1987, Dubois 1980). The bulk of work in judicial politics over the last fifty years has focused on the federal system. Furthermore, the study of state courts allows for a true comparative analysis. The methods of selection used for the staffing of state courts of last resort are highly varied. There are five distinctly different methods which are used for judicial selection in the states, and many states have institutional nuances that provide further variation for study ...


Evolving Christian Attitudes Towards Personal And National Self-Defense, David B. Kopel Jul 2013

Evolving Christian Attitudes Towards Personal And National Self-Defense, David B. Kopel

David B Kopel

This Article analyzes the changes in orthodox Christian attitudes towards defensive violence. While the Article begins in the 19th century and ends in the 21st, most of the Article is about the 20th century. The Article focuses on American Catholicism and on the Vatican, although there is some discussion of American Protestantism.

In the nineteenth and early in the twentieth centuries, the traditional Christian concepts of Just War and of the individual's duty to use force to defend himself and his family remained uncontroversial, as they had been for centuries.

Disillusionment over World War I turned many Catholics and ...


Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr. Jul 2013

Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.

Faculty Scholarship at Penn Law

To measure economic growth or recovery, one traditionally looks to metrics such as the unemployment rate and the growth in GDP. And in terms of figuring out institutional policies that will stimulate economic growth, the focus most often is on policies that encourage investment, entrepreneurial enterprises, and reward risk-taking with appropriate returns. Bankruptcy academics that we are, we tend to add our own area of expertise to this stable— with the firm belief that thinking critically about bankruptcy policy is an important element of any set of institutions designed to speed economic recovery. In this paper, written for a book ...


The 2002 National Security Strategy: The Foundation Of A Doctrine Of Preemption, Prevention, Or Anticipatory Action, Troy Lorenzo Ewing Jul 2013

The 2002 National Security Strategy: The Foundation Of A Doctrine Of Preemption, Prevention, Or Anticipatory Action, Troy Lorenzo Ewing

Graduate Program in International Studies Theses & Dissertations

The terrorist attacks of September 11, 2001, initiated a strategic shift in American national security policy. For the United States, terrorism was no longer a distant phenomenon visited upon faraway regions; it had come to America with stark brutality.1 Consequently, the administration of President George W. Bush sought to advance a security strategy to counter the proliferating threat of terrorism.

The ensuing 2002 National Security Strategy articulated the willingness of the United States to oppose terrorists, and rogue nation-states by merging the strategies of "preemptive" and "preventive" warfare into an unprecedented strategy of "anticipatory action," known as the Doctrine ...


Public Accounts Committees In The Pacific Region, Riccardo Pelizzo Jun 2013

Public Accounts Committees In The Pacific Region, Riccardo Pelizzo

Riccardo Pelizzo

the paper analyzes the organization, the powers, the functioning and the performance of Public Account Committees in the Pacific region. In doing so the paper highlights some of the factors have contributed to making PACs from the Pacific island states work effectively.


Narratives Of War In Islamic Societies, Whose Side Is God On?, Ahmed Souaiaia Jun 2013

Narratives Of War In Islamic Societies, Whose Side Is God On?, Ahmed Souaiaia

Ahmed E SOUAIAIA

The so-called Arab Spring ushered in a new era of conflict that is transforming Islamic societies in unprecedented ways. In the past two years, peaceful protests ousted some of the most ruthless dictators of the Arab world. Then, violent rebellions destroyed communities in Libya and Syria, stifled the non-violent movement, and amplified sectarian tensions by interjecting God into some of the most gruesome conflicts. By looking at the Syrian crisis as a case study, in this article I explore the function of narratives in managing war and the nature and evolution of Islamism in Islamic societies.


A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz Jun 2013

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily ...


Elección Individual, Jose Luis Sardon Jun 2013

Elección Individual, Jose Luis Sardon

Jose Luis Sardon

La gran transformación del Perú ocurrirá cuando la elección por lista sea sustituida por la elección individual de los congresistas.