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Full-Text Articles in Political Science

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are ...


Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia Dec 2013

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of ...


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

"Simple" Takes On The Supreme Court, Robert Tsai

Robert L Tsai

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


All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee Nov 2012

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee

Keith J. Bybee

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy ...


Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith Bybee Nov 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith Bybee

Keith J. Bybee

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the ...


Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert Blitt Dec 2011

Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert Blitt

Robert C. Blitt

To what extent should or must a corporation poised to undertake a significant international merger contemplate international human rights law? This chapter explores human rights issues related to corporate responsibility using the 2011 United Nations Guiding Principles on the effective prevention of, and remedy for, business-related human rights harm as a jumping off point. Students will be introduced to core international human rights concepts, particularly as they relate to emerging standards and best practices applicable to business-related activities.


Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert Blitt Dec 2011

Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert Blitt

Robert C. Blitt

The Arab Spring has generated unprecedented and seismic political and social upheaval across the Arab world. The reasons for the outbreak of widespread and vociferous public protest are myriad, but generally understood as including long-simmering resentment of government corruption and repression, underwhelming economic development, chronic unemployment and poor respect for human rights, including the treatment of individuals and groups affiliated with political manifestations of Islam. Despite the initial drama surrounding the street rallies, two years on, the pace of change has grown fitful and uncertain. The purpose of this chapter is to consider one narrow aspect of the Arab Spring ...


The Politics Of Hate, Robert Tsai Dec 2011

The Politics Of Hate, Robert Tsai

Robert L Tsai

This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel ...


Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt Dec 2010

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt

Robert C. Blitt

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs. The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening ...


“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas Dec 2010

“Hacer Fila En Bogotá" (To Do The Line In Bogotá), Andrés Henao Castro, Mauricio García Villegas

Andrés Fabián Henao-Castro

No abstract provided.


Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt Dec 2010

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt

Robert C. Blitt

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation. In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing the Church ...


Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia Dec 2010

Initiatives On Ip Enforcement Beyond Trips: The Anti-Counterfeiting Trade Agreement And The International Medical Products Anti-Counterfeiting Task Force, Christoph Antons, Gabriel Garcia

Dr Gabriel Garcia

No abstract provided.


Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt Dec 2010

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt

Robert C. Blitt

This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — motivated in part by the desire to end years ...


The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt Dec 2010

The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is ...


“Fraude Académico: Comparaciones Entre Dos Universidades Colombianas”, Andrés Henao Castro, Mauricio García Villegas, José Mejía, Claudia Ordóñez Dec 2009

“Fraude Académico: Comparaciones Entre Dos Universidades Colombianas”, Andrés Henao Castro, Mauricio García Villegas, José Mejía, Claudia Ordóñez

Andrés Fabián Henao-Castro

No abstract provided.


Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of “Defamation Of Religion”, Robert C. Blitt Dec 2009

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of “Defamation Of Religion”, Robert C. Blitt

Robert C. Blitt

The emerging international human rights norm of “defamation of religion,” an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument ...


Analysis Of The Republic Of Tajikistan's Draft Law 'About Freedom Of Conscience And Religious Unions', Robert Blitt, W. Durham Dec 2007

Analysis Of The Republic Of Tajikistan's Draft Law 'About Freedom Of Conscience And Religious Unions', Robert Blitt, W. Durham

Robert C. Blitt

This article, prepared at the request of the International Center for Not-for-Profit Law (ICNL), provides an article-by-article detailed legal analysis of key shortcomings in Tajikistan's draft law About Freedom of Conscience and Religious Unions. Based on their analysis, the authors provide recommendations for amendments directed at ensuring that the final draft law complies with Tajikistan's international and domestic human rights obligations.


How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert Blitt Dec 2007

How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert Blitt

Robert C. Blitt

The Russian Orthodox Church's (ROC) assertion of a constitutionally inappropriate role in affairs of state has severely compromised Russia's secular constitutional framework. This gradual but steady erosion of the barrier between church and state is evidenced by a series of contemporary developments that are inexorably linked to the Church's vision of its traditional place in Russian history. Disturbingly, each successive post-communist regime has further enabled this behavior, and there is no indication that the political transition from President Vladimir Putin to his hand-picked successor, Dmitry Medvedev, will change anything. This paper argues that the emerging pattern of ...


'Babushka Said Two Things - It Will Either Rain Or Snow; It Either Will Or Will Not': An Analysis Of The Provisions And Human Rights Implications Of Russia's New Law On Nongovernmental Organizations As Told Through Eleven Russian Proverbs, Robert Blitt Dec 2007

'Babushka Said Two Things - It Will Either Rain Or Snow; It Either Will Or Will Not': An Analysis Of The Provisions And Human Rights Implications Of Russia's New Law On Nongovernmental Organizations As Told Through Eleven Russian Proverbs, Robert Blitt

Robert C. Blitt

Longtime observers of Russia increasingly have called attention to and expressed profound concern for the direction the Russian Federation has taken in recent years. In advancing President Putin's vision of "dictatorship of law" and "managed democracy," the Russian government has retreated from key democratic reforms, undermining the transition away from Soviet rule and imperiling significant gains in fundamental human rights. It is against this backdrop that, in January 2006, President Putin ratified major amendments to the 1996 Law on Nonprofit Organizations, which regulates the creation, reorganization, activity, and liquidation of NGOs in Russia. Putin has claimed that the amendments ...


Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan Jul 2005

Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan

Rose Corrigan

No abstract provided.


The Religion-State Relationship And The Right To Freedom Of Religion Or Belief: A Comparative Textual Analysis Of The Constitutions Of Predominantly Muslim Countries, Tad Stahnke, Robert Blitt Dec 2004

The Religion-State Relationship And The Right To Freedom Of Religion Or Belief: A Comparative Textual Analysis Of The Constitutions Of Predominantly Muslim Countries, Tad Stahnke, Robert Blitt

Robert C. Blitt

This study analyzes the constitutional provisions in 44 predominantly Muslim countries addressing the relationship between religion and the state, freedom of religion or belief, and other related human rights as measured against recognized international human rights standards. The geographic diversity of the Muslim world mirrors a central finding of the study, that predominantly Muslim countries encompass a variety of constitutional arrangements - ranging from Islamic republics with Islam as the official state religion, to secular states with strict separation of religion and state. Key findings of the survey include: More than half of the world's Muslim population (estimated at over ...


Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert Blitt Dec 2003

Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert Blitt

Robert C. Blitt

Human rights nongovernmental organizations (NGOs) have become a fixture within the international system and a driving force for creating and enforcing human rights norms at international law. This essay examines the growth of human rights NGOs and argues that the industry is in urgent need of formal regulation. After assessing the failure of informal market controls for ensuring accountability within the human rights NGO sector, this paper applies a law and economics consumer protection model to underscore the need for more formal regulation. However, rather than advance a case for government intervention, this paper proposes that human rights NGOs themselves ...