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Full-Text Articles in Political Science

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco Nov 2016

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.


The 2002 Senate Farm Bill: The Ban On Packer Ownership Of Livestock, Roger A. Mceowen, Peter C. Carstensen, Neil E. Harl Oct 2016

The 2002 Senate Farm Bill: The Ban On Packer Ownership Of Livestock, Roger A. Mceowen, Peter C. Carstensen, Neil E. Harl

Neil E. Harl

On December 13, 2001, the United States Senate approved an amendment to the Senate Farm Bill making it unlawful for a packer to own, feed, or control livestock intended for slaughter more than fourteen days prior to slaughter. 1 The amendment includes exemptions for packing houses owned by farmer cooperatives, and packers with less than two percent of national slaughter. The amendment was approved 51-46, and became part of the Senate Farm Bill.2 In early 2002, the amendment language was clarified to prohibit arrangements that give packers ―operational, managerial, or supervisory control over the livestock, or over the farming ...


The Middle Class, Urban Schools And Choice, Michael Lewyn Oct 2016

The Middle Class, Urban Schools And Choice, Michael Lewyn

Michael E Lewyn

Urban schools tend to be less attractive to middle-class parents than suburban schools; as a result, the public school system generates suburban sprawl.  This talk discusses both egalitarian and market-oriented means of making cities more attractive to parents.


Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect ...


The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire Sep 2016

The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire

Laura Moyer

This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when ...


Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley Sep 2016

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Laura Moyer

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.


Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier Sep 2016

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

Laura Moyer

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.


Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer Sep 2016

Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer

Laura Moyer

Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006. Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments. Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that was professional ...


Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer Sep 2016

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Laura Moyer

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support ...


Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire Sep 2016

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Laura Moyer

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school ...


Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer Sep 2016

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Laura Moyer

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.


The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer Sep 2016

The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer

Laura Moyer

The literature on ideology and decision making offers conflicting expectations about how judges’ ideology should affect their votes in cases that raise many legal issues. Using cases from the U.S. Courts of Appeals, I examine the strength of ideology as a predictor of sincere voting in single and multi-issue cases and test whether the same effect for ideology can be seen for liberal and conservative judges. For all judges, ideology yields a larger effect as the number of issues increases; however, conservative judges are much more likely than liberal judges to cast sincere votes at all levels of complexity.


Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell Aug 2016

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang Aug 2016

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...


Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang Aug 2016

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang Aug 2016

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Sean Farhang

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo Aug 2016

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

José Gabilondo

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Jul 2016

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Benjamin Geva

No abstract provided.


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh May 2016

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. HSIEH

The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy.  By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit.  As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced ...


The Juarez Wives Club: Gendered Citizenship And Us Immigration Law, Ruth Gomberg-Munoz Apr 2016

The Juarez Wives Club: Gendered Citizenship And Us Immigration Law, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

When US citizens sponsor their undocumented
spouses for lawful status, they find themselves at
the center of immigration petitions. They are
invasively scrutinized, treated with bureaucratic
indifference, and separated from their loved ones.
As this “politics of exception,” which often targets
migrants, is unleashed on US citizens, they learn
that their citizenship offers little protection from
dehumanizing treatment. Instead, restrictive
immigration criteria, designed in theory to boost
the value of US citizenship, in practice dehumanize
US citizens and can alienate them from feelings of
national belonging. This contradiction inevitably
emerges when shared lives disrupt the boundaries of
citizenship status, illuminating ...


Agir Contre La Convergence: Les « Autorités Centrales » Et Le Réseau Mondial De La Lutte Contre La Criminalité Transnationale Et Le Terrorisme, Dan E. Stigall Mar 2016

Agir Contre La Convergence: Les « Autorités Centrales » Et Le Réseau Mondial De La Lutte Contre La Criminalité Transnationale Et Le Terrorisme, Dan E. Stigall

Dan E. Stigall

L'article de Dan Stigall soutient que, face à un ordre mondial de plus en plus instable, la nécessité d’une coopération internationale renforcée dans la lutte contre la criminalité transnationale et le terrorisme n'a jamais été aussi pressante. Les opérations menées par des groupes armés non étatiques, des terroristes et des organisations criminelles transnationales ont pris une dimension mondiale. De plus, comme l'ont montré les récents événements, ces groupes s'avèrent plus meurtriers, perturbateurs et déstabilisateurs que jamais. Il ressort toutefois qu'une coopération efficace contre de tels groupes exige d'importants ajustements dans ce que le ...


Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress Feb 2016

Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress

Cynthia Burress

For a variety of reasons, Muslims in America are in the public spotlight. As a result, the demand for information and analysis on Muslims and Islam in the United States has risen. In an effort to provide a resource for academics, advocates, journalists, and others, we created this bibliography composed of over 230 books published between 1970 and 2015 focused on Muslims and Islam in the United States. We did not include books that focus primarily on Islam and/or Muslims outside of the United States. The bibliography is categorized by subject matter and chronologically with the most recent publications ...


Extending The Fundamental Right Of Marriage To Same-Sex Couples: The United States Supreme Court Decision In Obergefell V. Hodges, Donald H. J. Hermann Jan 2016

Extending The Fundamental Right Of Marriage To Same-Sex Couples: The United States Supreme Court Decision In Obergefell V. Hodges, Donald H. J. Hermann

Donald Hermann

No abstract provided.


Civil Liberties And Rights, Equality And The Quality Of Democracy In Greece, Constantine P. Danopoulos Jan 2016

Civil Liberties And Rights, Equality And The Quality Of Democracy In Greece, Constantine P. Danopoulos

Constantine P. Danopoulos

Good quality democracy is considered one that provides its citizens with a high degree of personal freedom, political equality, and popular control over policies and public officials through the legitimate and lawful functioning of stable institutions. It is assessed through an interrelated and interconnected three dimensional scheme: procedure, content, and result. Procedure refers to the quality of governance and is assessed through the rule of law, participation, competition, and government accountability. Result involves citizen satisfaction with the quality of governance. Content is concerned with two key components: individual liberties and political and social equality. This paper will assess the quality ...


Racially Polarized Voting, Kevin Quinn, Christopher Elmendorf, Marisa Abrajano Dec 2015

Racially Polarized Voting, Kevin Quinn, Christopher Elmendorf, Marisa Abrajano

Kevin M. Quinn

No abstract provided.


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz Dec 2015

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Bruce Ledewitz

American Democracy has broken down.  This crisis was on dramatic display in the 2016 Presidential Campaign.  Americans are resentful, distrustful and pessimistic.  We find it easy to blame “the other side” for the deadlock, mendacity and irresponsibility in American public life.  By virtue of their public role, American law schools have an obligation to address the breakdown in order to understand and try to ameliorate it.  That task is currently unfulfilled by law schools individually and collectively, which are distracted by marketing and pedagogy.  Religious law schools, which retain the traits of normative discourse, mission, Truth and tragic limit to ...


Los Territorios De La Paz. La Construcción Del Estado Local En Colombia, Mauricio García-Villegas, Nicolás Torres Echeverry, Javier Revelo-Rebolledo, Jose Espinosa Restrepo, Natalia Duarte Mayorga Dec 2015

Los Territorios De La Paz. La Construcción Del Estado Local En Colombia, Mauricio García-Villegas, Nicolás Torres Echeverry, Javier Revelo-Rebolledo, Jose Espinosa Restrepo, Natalia Duarte Mayorga

Javier Revelo-Rebolledo

The Peace Accords bring a wide variety of challenges for the country. One of them is to carry out the great national project of state construction in the periphery.


The Digital Dionysus: Nietzsche & The Network-Centric Condition Dec 2015

The Digital Dionysus: Nietzsche & The Network-Centric Condition

Dan Mellamphy

No abstract provided.


Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan Dec 2015

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple ...


The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds Dec 2015

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

An emerging set of proposed technologies to reduce risks from climate change stands to dramatically alter the international politics of climate change and potentially much more. These large-scale intentional interventions in natural systems, typically called ‘climate engineering’ or ‘geoengineering’, may be able to break through the collective action problem of greenhouse gas emissions cuts and greatly reduce climate risks rapidly and at low cost. At the same time, they pose their own environmental and social risks while potentially turning international climate politics ‘upside down’. Tensions brought about by climate engineering could conceivably lead to international conflict and pose a threat ...