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Full-Text Articles in Political Science

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude Mar 2020

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky Mar 2020

The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky

William & Mary Law Review

The Court should not let politically divided times affect its choices or decisions. Altering the Court’s role in politically divided times would require a definition of what qualifies as such an era and a theory of how to act in such times. Almost every era in American history could be deemed a politically divided time. Changing the Court’s role in politically divided times is inconsistent with its preeminent role: interpreting and enforcing the Constitution. This role does not change, and should not change, in politically charged moments. Indeed, history shows that the Court cannot know what is likely ...


Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2020

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Do We Intend To Keep Our Republic?, John M. Greabe Feb 2020

Do We Intend To Keep Our Republic?, John M. Greabe

Law Faculty Scholarship

[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."

The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be ...


The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons Feb 2020

The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons

Faculty Scholarship at Penn Law

Recent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.


Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer Feb 2020

Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer

Indiana Journal of Constitutional Design

This Article surveys intergovernmental institutions across federal states. Generally, these institutions offer meaningful cooperation for the different levels of government when addressing state problems. These institutions, however, often lack political authority to bind institutional members or implement authoritative state actions.

This Article proceeds in two general parts. First, this Article taxonomizes intergovernmental institutions across federal systems. Though few intergovernmental institutions are constitutionally mandated bodies, several federal states have enacted legislation to formalize these institutions while others simply utilize informal arrangements. This taxonomy will primarily discuss contemporary institutions within federal systems and focus exclusively on executive institutions. The taxonomy categorizes these ...


Lessons Learned: Edwin (Ted) Truman, Yasemin Sim Esmen Jan 2020

Lessons Learned: Edwin (Ted) Truman, Yasemin Sim Esmen

Journal of Financial Crises

Insights on fighting financial crises from Ted Truman, an expert in responding to the international dimensions of financial crises. Topics include the initial US response to the Global Financial Crisis of 2008-2009 and the utiltiy of issuing Special Drawing Rights (SDR).


Basel Iii G: Shadow Banking And Project Finance, Christian M. Mcnamara, Andrew Metrick Jan 2020

Basel Iii G: Shadow Banking And Project Finance, Christian M. Mcnamara, Andrew Metrick

Journal of Financial Crises

The Net Stable Funding Ratio (NSFR), a liquidity standard introduced by Basel III, seeks to promote a better match between the liquidity of a bank’s assets and the manner in which the bank funds those assets. The NSFR requires banks to maintain a minimum amount of funding deemed “stable” by the Basel framework based on the liquidity of the banks’ assets and activities over a one-year timeframe. One of the areas seen as most affected by this development may be bank participation in project finance for infrastructure development. Since the global demand for infrastructure development remains robust, the shadow ...


Basel Iii D: Swiss Finish To Basel Iii, Christian M. Mcnamara, Natalia Tente, Andrew Metrick Jan 2020

Basel Iii D: Swiss Finish To Basel Iii, Christian M. Mcnamara, Natalia Tente, Andrew Metrick

Journal of Financial Crises

After the Basel Committee on Banking Supervision (BCBS) introduced the Basel III framework in 2010, individual countries confronted the question of how best to implement the framework given their unique circumstances. Switzerland, with a banking industry that is both heavily concentrated and very large relative to the size of its overall economy, faced a special challenge. It ultimately adopted what is sometimes referred to as the “Swiss Finish” to Basel III—enhanced requirements applicable to Switzerland’s “too-big-to-fail” banks Credit Suisse and UBS that go beyond the base requirements established by the BCBS. Yet the prominent role played by relatively ...


Basel Iii B: Basel Iii Overview, Christian M. Mcnamara, Michael Wedow, Andrew Metrick Jan 2020

Basel Iii B: Basel Iii Overview, Christian M. Mcnamara, Michael Wedow, Andrew Metrick

Journal of Financial Crises

In the wake of the financial crisis of 2007-09, the Basel Committee on Banking Supervision (BCBS) faced the critical task of diagnosing what went wrong and then updating regulatory standards aimed at preventing it from occurring again. In seeking to strengthen the microprudential regulation associated with the earlier Basel Accords while also adding a macroprudential overlay, Basel III consists of proposals in three main areas intended to address 1) capital reform, 2) liquidity standards, and 3) systemic risk and interconnectedness. This case considers the causes of the 2007-09 financial crisis and what they suggest about weaknesses in the Basel regime ...


Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick Jan 2020

Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick

Journal of Financial Crises

From the earliest efforts to mandate the amount of capital banks must maintain, regulators have grappled with how best to accomplish this task. Until the 1980s, regulation had been based largely on discretion and judgment. In the wake of two bank failures, the central bank governors of the G10 countries established the Basel Committee on Banking Supervision (BCBS) and in 1988, the BCBS introduced a capital measurement system, Basel I. The system represented a triumph of the fixed numerical approach, however, critics worried that it was too blunt an instrument. In 1999, the BCBS issued Basel II, a proposal to ...


Incorporating Macroprudential Financial Regulation Into Monetary Policy, Aaron Klein Jan 2020

Incorporating Macroprudential Financial Regulation Into Monetary Policy, Aaron Klein

Journal of Financial Crises

This paper proposes two insights into financial regulation and monetary policy. The first enhances understanding the relationship between them, building on the automobile metaphor that describes monetary policy: when to accelerate or brake for curves miles ahead. Enhancing the metaphor, financial markets are the transmission. In a financial crisis, markets cease to function, equivalent to a transmission shifting into neutral. This explains both monetary policy’s diminished effectiveness in stimulating the economy and why the financial crisis shock to real economic output greatly exceeded central bank forecasts.

The second insight is that both excess leverage and fundamental mispricing of asset ...


"Great Variety Of Relevant Conditions, Political Social And Economic": The Constitutionality Of Congressional Deadlines On Amendment Proposals Under Article V, Danaya C. Wright Jan 2020

"Great Variety Of Relevant Conditions, Political Social And Economic": The Constitutionality Of Congressional Deadlines On Amendment Proposals Under Article V, Danaya C. Wright

William & Mary Bill of Rights Journal

Within a year or two, the thirty-eighth state is likely to ratify the Equal Rights Amendment (ERA), setting up an unprecedented constitutional challenge. The ERA was proposed with a seven-year deadline in the resolving clause, establishing the mode of ratification. That was a shift from earlier precedents in which a deadline had been placed in the text of the amendment proposal itself. Article V is annoyingly silent on the issue of congressional deadlines in amendment proposals, and the Supreme Court has never addressed the issue of a deadline that could void an otherwise properly ratified amendment. The practice of placing ...


The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth Jan 2020

The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth

Georgia Journal of International & Comparative Law

No abstract provided.


Development On A Cracked Foundation: How The Incomplete Nature Of New Deal Labor Reform Presaged Its Ultimate Decline, Leo E. Strine Jr. Jan 2020

Development On A Cracked Foundation: How The Incomplete Nature Of New Deal Labor Reform Presaged Its Ultimate Decline, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

Mariano-Florentino Cuéllar, Margaret Levi, and Barry R. Weingast’s excellent essay, Twentieth Century America as a Developing Country, Conflict, Institutional Change and the Evolution of Public Law, celebrates the period during which the National Labor Relations Act facilitated the peaceful resolution of labor disputes and improved the working conditions of American workers. These distinguished authors make a strong case for the essentiality of law in regulating labor relations and the importance of national culture in providing a solid context for the emergence of legal regimes facilitating economic growth and equality. This reply to their essay explores how the New Deal ...


Identity Federalism In Europe And The United States, Vlad F. Perju Jan 2020

Identity Federalism In Europe And The United States, Vlad F. Perju

Boston College Law School Faculty Papers

The turn to identity is reshaping federalism. Opposition to the policies of the Trump administration, from the travel ban to sanctuary cities and the rollback of environmental protections, has led progressives to explore more fluid and contingent forms of state identity. Conservatives too have sought to shift federalism away from the jurisdictional focus on limited and enumerated powers and have argued for a revival of the political safeguards of federalism, including state-based identities. This Article draws on comparative law to study identity as a political safeguard of federalism and its transformation from constitutional discourse to interpretative processes and, eventually, constitutional ...


Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler Jan 2020

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.


Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao Jan 2020

Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao

Northwestern Journal of Law & Social Policy

On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP ...


Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All? Jan 2020

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.


Immigration And Crime Across Southern Us Border: The Effect Of Latino Immigration On Violent Crime, Matthew Hohman Jan 2020

Immigration And Crime Across Southern Us Border: The Effect Of Latino Immigration On Violent Crime, Matthew Hohman

Williams Honors College, Honors Research Projects

In the United States, most lay citizens could voice an opinion on the effect of immigration in the United States. However, these opinions are generally only focused on Latino immigration entering the country across its Southern border from Mexico and Caribbean countries, such as Cuba and Haiti. Increased media coverage on this topic in recent decades has fueled this debate and made it a center stage topic in political agendas. This study aims to shed light on this issue by researching the true effect of Latino immigration, as well as total immigration, across the United States’s Southern Border. To ...


International Policy And Climate Change-Induced Displacement Of South Pacific Island Nation Populations, Karissa Noragon Jan 2020

International Policy And Climate Change-Induced Displacement Of South Pacific Island Nation Populations, Karissa Noragon

Capstone Showcase

Climate change has advanced significantly in the last few decades resulting in some of the predicted effects, such as sea level rise, to start to appear and to cause displacement, especially in more vulnerable, developing nations. Though current estimates have found that the majority of the displaced populations will be able to relocate within their country’s borders, there are some nations, such as many of the small island nations in the South Pacific, where internal relocation will not always be an option. The question that will be explored in this paper is, what are the limits to current international ...


Divided By The Sermon On The Mount, David A. Skeel Jr. Jan 2020

Divided By The Sermon On The Mount, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics ...


Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic Jan 2020

Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic

Honors Projects

The advent of the commercial Internet has introduced novel challenges to global governance because of the transnational nature of shared data flows, creating interdependence that may result in inter-state cooperation or competition. Data protection laws that are designed to ensure citizens’ right to privacy are one of the primary tool used by states to extend control over data flows. The European Union’s (EU) General Data Protection Regulation (2016) is widely regarded as the strongest data protection law in the world, and therefore may serve as a barrier to the openness of the Internet. The GDPR is both an instance ...


Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri Jan 2020

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.


Persistence Of Jewish-Muslim Reconciliatory Activism In The Face Of Threats And “Terrorism” (Real And Perceived) From All Sides, Micah B.D.C. Naziri Jan 2020

Persistence Of Jewish-Muslim Reconciliatory Activism In The Face Of Threats And “Terrorism” (Real And Perceived) From All Sides, Micah B.D.C. Naziri

Dissertations & Theses

This dissertation concerns how Jewish-Muslim and Israel-Palestine grassroots activism can persist in the face of threats to the safety, freedom, lives, or even simply the income and employment of those engaged in acts of sustained resistance. At the heart of the study are the experiences of participants in the Hashlamah Project, an inter-religious collaboration project, involving Jews and Muslims. Across chapters and even nations, chapters of this organization faced similar threats and found universally-applicable solutions emerging for confronting those threats and persisting in the face of them. This raised the question of whether revolutionaries and activists in general can persevere ...


Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh Dec 2019

Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.


Rethinking Non-Recognition: Taiwan's New Pivot To Asean And The One-China Policy, Pasha L. Hsieh Dec 2019

Rethinking Non-Recognition: Taiwan's New Pivot To Asean And The One-China Policy, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.


Governance Interactions In Sustainable Supply Chain Management, Errol Meidinger Dec 2019

Governance Interactions In Sustainable Supply Chain Management, Errol Meidinger

Contributions to Books

Published as Chapter 3 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

Supply chains are a major site of transnational business governance, and yet their dynamics and effectiveness are usually more assumed than interrogated in regulatory governance discourse. The very term ‘chain’ implies a more determinist and simplistic understanding of supply relationships than is empirically supportable. Supply chains in practice are complex, dynamic, and highly variable networks. Based on peer-group presentations by more than sixty supply chain professionals, this chapter ...


The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong Dec 2019

The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This article analyzes two books that utilize the construct of “The Muslim Woman” as a symbol for public consumption across a global and conceptual scale: Saba Mahmood’s book, 'Politics of Piety', and Malala Yousafzai’s and Christina Lamb’s 'I am Malala'. The motivation behind the analysis is to situate the texts within debates on essentialism within accounts of Muslim women. While essentialism and the critique of it in such discussions are not a novelty, the books demonstrate a physical manifestation of essentialism and a reductionist reaction toward this brand of essentialism. Through analysis of the content, poetics, and ...


To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller Dec 2019

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and ...