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Full-Text Articles in Political Science

Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism ...


M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example ...


Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key Jun 2019

Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key

Laura Moyer

Although there is extensive scholarship on court-curbing efforts directed at the U.S. Supreme Court, much less is known about bills targeting the lower federal courts. This article argues that members of Congress also engage in position taking with respect to the U.S. Courts of Appeals, by proposing legislation to divide up the Ninth Circuit. Over seven decades, no other circuit has attracted as much court-curbing legislation as the Ninth Circuit, and yet no bill has succeeded. What accounts for this persistent focus on one court? We argue that bill sponsors are motivated primarily by electoral considerations and capitalize ...


Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr. Jun 2019

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a ...


Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder May 2019

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of ...


From The Voices Of Domestic Sex Trafficking Survivors: Experiences Of Complex Trauma & Posttraumatic Growth, Heather R. Evans Dsw May 2019

From The Voices Of Domestic Sex Trafficking Survivors: Experiences Of Complex Trauma & Posttraumatic Growth, Heather R. Evans Dsw

Doctorate in Social Work (DSW) Dissertations

Human sex trafficking is an ongoing global rights violation formally recognized since 2000 through the Trafficking Victims Protection Act (Department of State Trafficking in Persons Report, 2016). Using ecological and trauma-informed lenses, this qualitative, retrospective study used participant-centered methods to explore identity, sexuality, relationships, and factors that facilitate/ hindered community reintegration for 15 adult female survivors. Interview transcripts, Photovoice captioned images, and focus groups were analyzed using multi-level conceptual and thematic coding. Participants identified with all aspects of complex trauma, including: dissociation, self-perception/identity, relations with others and systems of meaning. Key themes included losing and regaining power, shame, and ...


The Role Of Women In Terrorism, Zeynep Bayar May 2019

The Role Of Women In Terrorism, Zeynep Bayar

All Dissertations, Theses, and Capstone Projects

The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of ...


Embryo Litigation : The Legal Categorization Of Embryos As Protected Humans Or Property, Caroline Koboska May 2019

Embryo Litigation : The Legal Categorization Of Embryos As Protected Humans Or Property, Caroline Koboska

Theses, Dissertations and Culminating Projects

This thesis explores the issue of the unknown legal status of frozen embryos in the United States. With an examination of the issue through the discipline of law, it becomes evident that the lack of legislation and guidance on the issue has left it a matter up to the states, rather than the federal government. Central to the issue is the history and laws of abortion in the United States that can help provide precedent. The thesis examines embryos in light of property law, contract law, and family law. Also included is a review of embryos through a second discipline ...


Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz Apr 2019

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to become more effective ...


Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo Apr 2019

Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The evolution of the concept of spiritual/religious wisdom (ḥikamt) by the Iranian Muslim philosophers from the 10th to 12th century, may be studied under three main trends namely Mashā’i (Peripatetic), Kalām (theology), and Ishrāq (Illumination). Despite the correlation among these trends each of them grew independently. Among the three, the Hikmat-i Ishrāq (Illumination Wisdom) which is also known as Ḥikamt-i Dhawqi (Intuitive Wisdom) of Shahab al-Din Suhrawardi (1153-1191) found a special place as it tended to bring together the philosophical and theological aspects of wisdom. This survey would address the development of ikmat (wisdom) among ...


Habeas Corpus In The Age Of Guantánamo, Cary Federman Apr 2019

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then ...


The Effect Of Knowledge On Attitudes Towards The Us Supreme Court, Harlee Havens Apr 2019

The Effect Of Knowledge On Attitudes Towards The Us Supreme Court, Harlee Havens

Honors College Capstone Experience/Thesis Projects

Knowledge regarding the judicial branch of the federal government, including the Supreme Court, is lacking in comparison to the two other branches. The Supreme Court generally receives better approval ratings than the executive and legislative branches of government. It is this relationship that I examine through a survey that measures knowledge and feelings of all three branches of government to assess if having more knowledge of the judicial branch has an impact on one’s feelings towards it. By measuring the knowledge of my respondents through a questionnaire that asked about information regarding, and functions of the US Supreme Court ...


"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst Apr 2019

"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst

Undergraduate Honors Theses

A neutral evaluation of the modern death penalty, a fundamentally flawed institution, necessitates its invalidation. I analyze 428 death sentences and their appellate outcomes from Virginia, Texas, California, Pennsylvania, Colorado, and Wyoming, states which represent the gamut of capital punishment regimes in the United States. Employing a legal framework derived from the work of Justice Antonin Scalia—a lifelong and staunch supporter of the death penalty—I argue that the harmonious-reading canon and irreconcilability canons offer a neutral means for ending the American death penalty, and one which would be appropriate given the politicization of what is an irreversible punishment.


Comparing The Behavior Of Indigenous Tribes, States, And Foreign Sovereigns As Submitters Of Amicus Curiae Within The Supreme Court, Grace Murray Apr 2019

Comparing The Behavior Of Indigenous Tribes, States, And Foreign Sovereigns As Submitters Of Amicus Curiae Within The Supreme Court, Grace Murray

Undergraduate Honors Theses

Indigenous tribes, states, and foreign sovereigns possess different degrees of sovereignty outside the federal government yet frequently interact within the United States’ judicial system. In their presence in the Supreme Court, do indigenous tribes behave more like foreign sovereigns or more like states? I explore how each actor behaves as a submitter of amicus curiae briefs in order to compare the macro-level behavior of tribes, sovereigns, and states. I analyze the amicus brief submissions of these actors to all merits cases throughout the Roberts Court. My dataset is unique in the attention paid to the network of signees and entities ...


Between Hagiography And Wounded Attachment: Raphaël Lemkin And The Study Of Genocide, Benjamin Meiches, Jeff Benvenuto Apr 2019

Between Hagiography And Wounded Attachment: Raphaël Lemkin And The Study Of Genocide, Benjamin Meiches, Jeff Benvenuto

Genocide Studies and Prevention: An International Journal

In this article, we outline the significance of the special issue on the scholarship of Raphaël Lemkin. We argue that genocide scholars tend to identify with one of three different types of Lemkin scholarship. Each of the articles for the special issue challenges these genres in an effort to extend the study of genocide in new directions. Moreover, we contend that this work suggests that genocide scholars should endeavor to extend the study of genocide beyond Lemkin's vision and writings.


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom Apr 2019

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


International Justice: Bringing The World Home Through Social Justice, Gabriel Rubin Mar 2019

International Justice: Bringing The World Home Through Social Justice, Gabriel Rubin

Gabriel Rubin

As the head of my university’s new International Justice program, I am well placed to speak about the trials and tribulations of teaching students about global politics. Our program draws in Sociology, Justice Studies, and Political Science students. The overarching goal is to make students aware of international issues ranging from genocide and terrorism to international migration and global institutions through the lens of social justice. The social justice lens is particularly effective because it provides a reason for exploring global issues. These issues are not bloodlessly described in my courses with the hopes of extracting causal variables. Instead ...


Special Issue, December 2018 Jan 2019

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic Competition in Kosovo.

65 – 87 Saranda Leka and ...


The Rise Of American Extremism: An Exploratory Analysis Of American Religious And Political Extremism From Presidents Jimmy Carter To Barack Obama: 1977-2016, Alwyn J. Melton Jan 2019

The Rise Of American Extremism: An Exploratory Analysis Of American Religious And Political Extremism From Presidents Jimmy Carter To Barack Obama: 1977-2016, Alwyn J. Melton

Department of Conflict Resolution Studies Theses and Dissertations

The purpose of this quantitative case study was to address the problem of domestic terrorism facing the United States. This concern led to a comprehensive examination of historical documents that focused on the temporal evolution of the problem beginning with the Carter administration and continuing through the Obama administration. The conceptual foundation centered on resolving the research question and validating three hypotheses directed at qualifying the escalation of domestic incidents of terrorism. This led to developing a behavioral model to assist law enforcement agencies in combating the issue of domestic terrorism. Bivariate and clustering statistical analysis validated the data while ...


Space On Par: A Short Performance For One Performer, Peta Tait Jan 2019

Space On Par: A Short Performance For One Performer, Peta Tait

Animal Studies Journal

Space on Par is a short performance text that uses gentle humour to communicate an alternative perspective on how open space is used by humans and nonhuman animals, in this instance a golf course. If playing golf for enjoyment is puzzling behaviour for a nonhuman observer, it can emphasise human refusal to recognise the physical and spatial rights of other species and their needs for survival. The effort to educate about the treatment of animals can include theatrical characters who blur the species identities to make a point, and Space on Par inverts the invisibility of the gaze of the ...


Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru Jan 2019

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make ...


Animal Studies Journal 2019 8 (1): Cover Page, Table Of Contents, Editorial And Notes On Contributors, Melissa Boyde Jan 2019

Animal Studies Journal 2019 8 (1): Cover Page, Table Of Contents, Editorial And Notes On Contributors, Melissa Boyde

Animal Studies Journal

Animal Studies Journal 2019 8 (1): Cover Page, Table of Contents, Editorial and Notes on Contributors.


Provocations From The Field - Derangement And Resistance: Reflections From Under The Glare Of An Angry Emu, Pattrice Jones Jan 2019

Provocations From The Field - Derangement And Resistance: Reflections From Under The Glare Of An Angry Emu, Pattrice Jones

Animal Studies Journal

The situations of emus may illuminate the maladies of human societies. From the colonialism that led Europeans to tamper with Australian ecosystems through the militarism that mandated the Great Emu War of 1932 to the consumer capitalism that sparked a global market for ‘exotic’ emus and their products, habits of belief and behaviour that hurt humans have wreaked havoc on emus. Literally de-ranged, emus abroad today endure all of the estrangements of émigrés in addition to the frustrations and sorrows of captivity. In Australia, free emus struggle to survive as climate change parches already diminished and polluted habitats. We have ...


Greyhounds And Racing Industry Participants: A Look At The New South Wales Greyhound Racing Community, Justine Groizard Jan 2019

Greyhounds And Racing Industry Participants: A Look At The New South Wales Greyhound Racing Community, Justine Groizard

Animal Studies Journal

Subsequent to the exposure of live baiting and animal cruelty within the NSW greyhound racing industry in 2015, a public debate emerged about animal welfare, oppression and exploitation. It resulted in a community outcry, an inquiry into live baiting and animal welfare within the industry and a proposed ban of greyhound racing in the state of NSW. Whilst the proposed ban of greyhound racing was celebrated amongst animal activists, it was met with a mixture of sadness, shock and animosity from people from within the industry. Many of the people within the greyhound racing community felt stigmatised and discriminated against ...


If Animals Could Talk: Reflection On The Dutch Party For Animals In Student Assignments, Helen Kopnina Jan 2019

If Animals Could Talk: Reflection On The Dutch Party For Animals In Student Assignments, Helen Kopnina

Animal Studies Journal

This article explores how concern about animal welfare and animal rights relates to ecological citizenship by discussing student assignments written about the Dutch Party for Animals or PvdD. ‘Animal welfare’, ‘animal rights’, and ‘ecological citizenship’ perspectives offer insights into strategic choices of eco-representatives and animal rights/welfare advocates as well as educators. The assignments balance animal issues with socio-economic ones, explore the relationship between sustainability and ethics, and attribute responsibility for unsustainable or unethical practices. Analysis of student assignments reveals nuanced positions on the anthropocentrism-ecocentrism continuum, showing students’ ability to critically rethink their place within larger environmental systems. Some students ...


[Review] Joshua Lobb, The Flight Of Birds. Sydney University Press, 2019. 322pp, Alex Lockwood Jan 2019

[Review] Joshua Lobb, The Flight Of Birds. Sydney University Press, 2019. 322pp, Alex Lockwood

Animal Studies Journal

Why, one could ask, does such a high proportion of the very best works of recently published literary and creative prose, which choose to engage with climate change, environmental shock, biodiversity crises, and extinction risks – the existential threats we face as a global multispecies population – all tell stories with and of nonhuman animals? My theory, one shared by Amitav Ghosh in The Great Derangement (although with differing conclusions) is that the very nature of the threats we face is a reckoning with our alienation from the nonhuman world. It is a reckoning we need to have, without ‘hiding’ away from ...


The Global Migration Crisis: How Global Responsibility Sharing Policies Like The U.S. Canada Safe Third Country Agreement Can Help Lead The World In Addressing The Migration Crisis, Stephanie Hadley Jan 2019

The Global Migration Crisis: How Global Responsibility Sharing Policies Like The U.S. Canada Safe Third Country Agreement Can Help Lead The World In Addressing The Migration Crisis, Stephanie Hadley

Academic Festival Posters

With a global rise in immigration and migration concerns amidst a record number of refugees on the move, it is even more concerning that a significant majority of the world’s refugee population are migrating into second and third-world economies. As a country discovered and founded on the footsteps of hard-working immigrants, the United States owes a sense of responsibility and compassion to the global community in leading the movement for comprehensive immigration reform to adapt to the modern era of globalization. This includes moving away from the ideological strains of society and compromising to the actual issues at hand ...


Life And Death With Horses: Gillian Mears’ Novel Foal’S Bread, Deborah Wardle Jan 2019

Life And Death With Horses: Gillian Mears’ Novel Foal’S Bread, Deborah Wardle

Animal Studies Journal

Gillian Mears’ novel Foal’s Bread (2011) invites an examination of horses in fiction, opening a platform for exploring the horse in Australian literature from a zoocritical perspective. This paper argues that writing horses into stories involves addressing, indeed flouting the ‘sin’ of anthropomorphism. The problems and paradoxes of ascribing subjectivity to fictional equine characters are discussed. The death of the main equine character, Magpie, is framed as a site of disregard, an example of human disconnection from the lives and deaths of animals. Using excerpts from the award-wining novel, Foal’s Bread, as well as examples from other equine ...


Kaimangatanga: Maori Perspectives On Veganism And Plant-Based Kai, Kirsty Dunn Jan 2019

Kaimangatanga: Maori Perspectives On Veganism And Plant-Based Kai, Kirsty Dunn

Animal Studies Journal

In this paper – drawing from a range of food blogs and social media pages – I consider both the ways in which Māori writers discuss some of the barriers and cultural conflicts experienced within the realm of vegan ethics, as well as their perspectives on various facets of Te Ao Māori (the Māori world) such as kaitiakitanga (guardianship), hauora (holistic health and wellbeing), and rangatiratanga (sovereignty) which have influenced their attitudes and approaches towards veganism and plant-based diets. I argue that these diverse perspectives provide a valuable means of analysing and critiquing both the dominant ethics and attitudes which perpetuate the ...


[Review] Sue Coe, Zooicide: Seeing Cruelty, Demanding Abolition. With An Essay By Stephen F. Eisenman Ak Press, 2018. 128pp, Wendy Woodward Jan 2019

[Review] Sue Coe, Zooicide: Seeing Cruelty, Demanding Abolition. With An Essay By Stephen F. Eisenman Ak Press, 2018. 128pp, Wendy Woodward

Animal Studies Journal

Eisenman imagines, in 2050, in a scenario devoutly to be wished and striven for, that animals are no longer ill-treated in zoos, factory farms or laboratories. His informative essay substantiates debates in animal ethics, historically and in art, relating the ‘thingification’ of animals to colonial notions of ‘racial’ superiority. Sue Coe’s work, he demonstrates, comes from a long history of protest against the treatment of animals in zoos and menageries. Like John Berger in Why Look at Animals? (Penguin, 2009), he connects zoos with money-making, dismissing the claims that zoos are geared for conservation. Eisenman regards Sue Coe as ...