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Legal Studies

2014

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Articles 1 - 28 of 28

Full-Text Articles in Political Science

Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody Dec 2014

Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody

Education and Human Development Master's Theses

Thesis research focuses around the Civil Rights Congress' 1951 United Nations Petition charging the United States with genocide against the African American race. This thesis also examines the complexities of global politics and the impact Communism had on the civil rights organization's ability to gain support for reform on the domestic and international level.


Nunca Se Olvide Del Frío Del Mármol De Las Escaleras: Una Mirada A La Recuperación Del Ex Centro Clandestino De Detención Y Tortura De Virrey Cevallos / One Never Forgets The Cold Of The Marble Stairs: A Look At The Recuperation Of Ex Clandestine Center For Detention And Torture Of Virrey Cevallos, Jamie Gagliano Dec 2014

Nunca Se Olvide Del Frío Del Mármol De Las Escaleras: Una Mirada A La Recuperación Del Ex Centro Clandestino De Detención Y Tortura De Virrey Cevallos / One Never Forgets The Cold Of The Marble Stairs: A Look At The Recuperation Of Ex Clandestine Center For Detention And Torture Of Virrey Cevallos, Jamie Gagliano

Independent Study Project (ISP) Collection

After the fall of a repressive government, there is often a discussion or an attempt to repair the damage done to society by the repressive regime. Argentina for the last thirty years has been facing this discussion. The last dictatorship, a totalitarian military dictatorship, in Argentina took place between 1976 and 1983. With the return of democracy at the end of 1983, the process of healing society began, albeit in a rather limited form due to fear of sparking the military into revolt once again. In the 1990s, the discussion was almost entirely swept under the rug by the Menem ...


“Decentralization Dilemma In Indonesia: Does Decentralization Breed Corruption?”, Glenys Kirana Dec 2014

“Decentralization Dilemma In Indonesia: Does Decentralization Breed Corruption?”, Glenys Kirana

Independent Study Project (ISP) Collection

Given the pervasiveness of corruption, collusion and nepotism during Suharto’s rule (1967-1998), many people assume that the Reformasi era (1998-present) would introduce a new wave of liberal democratic values, which would consequently reduce corruption in Indonesia. This paper seeks to look at the changes in people’s socio-political incentives to corrupt given the changes in political and legal structure, analyzing it in the context of its contribution to Indonesia’s socio-economic development. Specifically, it centers on how decentralization has affected corruption in the regional districts, legislative, judiciary, and other civil society groups. It is the prominence of the corruption ...


Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro Nov 2014

Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro

Doctoral Dissertations

My dissertation offers a new framework through which to theorize contemporary democratic practices by attending to the political agency of unauthorized immigrants. I argue that unauthorized immigrants themselves, by claiming their own ambiguous legal condition as a legitimate basis for public speech, are able to open up the boundaries of political membership and to render the foundations of democracy contingent, that is to say, they are able to reopen the question about who counts as a member of the demos. I develop this argument by way of a close reading of Sophocles’ tragedy Antigone[1], which allows me to dramatize ...


The Colonial Legacies Of “Fiesta Island”: A Critical Study Of Live-Music Events Production In Puerto Rico, Anilyn Diaz Nov 2014

The Colonial Legacies Of “Fiesta Island”: A Critical Study Of Live-Music Events Production In Puerto Rico, Anilyn Diaz

Doctoral Dissertations

This dissertation examines the historical relationship between the state and national culture in Puerto Rico as seen through the case of the entertainment industry, specifically live-music events production. The dissertation is located within two bodies of literature: critical post-colonial cultural studies of cultural industries and cultural policy, and cultural approaches to scholarship on collective action and state-civil society relationships in neoliberal contexts. The research design includes archival work and analysis of organizational material, supported by a cultural ethnography approach to semi-structured informant interviews and group interviews. The interviews focus on the historical development, cultural legacies, and practices of the entertainment ...


How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram Oct 2014

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.


Humanitarian Technologies And Genocide Prevention: A Critical Inquiry, Colette Mazzucelli Oct 2014

Humanitarian Technologies And Genocide Prevention: A Critical Inquiry, Colette Mazzucelli

Genocide Studies and Prevention: An International Journal

No abstract provided.


Punishment And Inclusion: Race, Membership, And The Limits Of American Liberalism, Andrew Dilts Sep 2014

Punishment And Inclusion: Race, Membership, And The Limits Of American Liberalism, Andrew Dilts

Law

At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and ...


Stato Moderno E Pubblico Ministero. Il Modello Brasiliano, Eduardo Meira Zauli Dr. Sep 2014

Stato Moderno E Pubblico Ministero. Il Modello Brasiliano, Eduardo Meira Zauli Dr.

Eduardo Meira Zauli

No abstract provided.


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and ...


Women’S Representation In The Highest Court: A Comparative Analysis Of The Appointment Of Female Justices, Melody Ellis Valdini, Christopher Shortell Aug 2014

Women’S Representation In The Highest Court: A Comparative Analysis Of The Appointment Of Female Justices, Melody Ellis Valdini, Christopher Shortell

Political Science Faculty Publications and Presentations

The presence of women justices in the highest court varies significantly from country to country. Using an original data set of women’s representation in the highest constitutional courts in 50 democracies, we assess the causes of this variation. We find, contrary to the prevailing view, that the strength of the institution is not significantly related to the number of women on the court. Instead, we find that the existence of a “sheltered” versus “exposed” selection mechanism is the critical determinant of women’s presence. That is, when the selectors are sheltered from electoral accountability, they are less likely to ...


The Conventional Option, Gregory Koger Jun 2014

The Conventional Option, Gregory Koger

Gregory Koger

The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster agree that any filibuster reform would require extraordinary measures. In contrast to this consensus, this Article describes a method we call the “conventional option,” which allows the filibuster to be reformed by a simple majority of senators at any time using ordinary Senate procedures. As we show below, a majority of senators using the conventional option (1) cannot be filibustered; (2) can act on any day the Senate is in session (not just at the beginning ...


Medical Marijuana, Brittany Hale May 2014

Medical Marijuana, Brittany Hale

PPPA Paper Prize

No abstract provided.


Changing The Academic Culture: Valuing Patents And Commercialization Toward Tenure And Career Advancement, Paul R. Sanberg, Morteza Gharib, Patrick T. Harker, Eric W. Kaler, Richard B. Marchase, Timothy D. Sands, Nasser Arshadi, Sudeep Sarkar May 2014

Changing The Academic Culture: Valuing Patents And Commercialization Toward Tenure And Career Advancement, Paul R. Sanberg, Morteza Gharib, Patrick T. Harker, Eric W. Kaler, Richard B. Marchase, Timothy D. Sands, Nasser Arshadi, Sudeep Sarkar

Nasser Arshadi

There is national and international recognition of the importance of innovation, technology transfer, and entrepreneurship for sustained economic revival. With the decline of industrial research laboratories in the United States, research universities are being asked to play a central role in our knowledge-centered economy by the technology transfer of their discoveries, innovations, and inventions. In response to this challenge, innovation ecologies at and around universities are starting to change. However, the change has been slow and limited. The authors believe this can be attributed partially to a lack of change in incentives for the central stakeholder, the faculty member. The ...


The Virtues Of Justice, John Thrasher, David Schmidtz Apr 2014

The Virtues Of Justice, John Thrasher, David Schmidtz

Philosophy Faculty Books and Book Chapters

"This essay considers (and endorses) three complementary conceptions of justice as virtue. To the two senses of justice just mentioned-justice as a virtue of the soul and of the polis-we add a third that bridges these two. Virtue can be a kind of outreach rather than a kind of internal harmony, because we are talking about essentially social beings. The harmony that is this virtue's object is harmony with a community. Thus, a person who is just in this sense is disposed to respect (play within the rules of) institutions that command respect by virtue of actually working-that is ...


Urban Politics And The Judiciary: Treating Courts As Endogenous, Christopher Shortell Apr 2014

Urban Politics And The Judiciary: Treating Courts As Endogenous, Christopher Shortell

Political Science Faculty Publications and Presentations

The study of urban politics often focuses on the ability of urban regimes to successfully pursue their interests and goals. However, scholars of urban politics only peripherally consider the role that courts play. And when courts are incorporated, they are treated as exogenous to the political system. This paper argues for the importance of treating the judiciary as endogenous to the local political system. Courts are themselves political institutions and should be understood as such in the study of politics at the local level. Doing so offers several benefits, including accounting for the ways in which state-level preferences operate as ...


The Two-Seat Solution, Hippu Salk Kristle Nathan Mar 2014

The Two-Seat Solution, Hippu Salk Kristle Nathan

Hippu Salk Kristle Nathan

The article highlights the fallacy in the system of provisioning more than one constituency/seat to a single candidate in Lok Sabha or Assembly elections. It gives instances of how the veteran leaders have historically exploited this system. This is a violation of principle of equity, justice, and fairness as enshrined in the Constitution. This reminds the Orwellian saying: "All are equal, but some are more equal than others." The article proposes that the only way out is make a leader's candidature void if he or she files nomination from more than one constituency.


State Sovereignty And Citizen Agency: The Nationalist-Islamic Discourse Of Shaykh Muhammad Mahdi Shams Al-Din, Dina Jadallah Feb 2014

State Sovereignty And Citizen Agency: The Nationalist-Islamic Discourse Of Shaykh Muhammad Mahdi Shams Al-Din, Dina Jadallah

Journal of Islamic and Middle Eastern Multidisciplinary Studies

Using the discourse of Shaykh Muhammad Mahdi Shams al-Din, this article examines the contestation of sovereignty in Lebanon. His discourse on questions of sovereignty and agency offers an alternative vision of modernity that is part of an evolving struggle in the Lebanese political system. Lebanon’s consociational democratic system of structured political sectarianism necessitated an enmeshed and interactive theological, organizational, and political response. The article asks how political and ideational challenge – in the sense of empowering a disempowered group – occurs within a dominant political system of democratic exclusion? In addition, the geo-political reality of diminished state-level sovereignty, both vis-à-vis regional ...


Public Reason As Higher Law, Gordon D. Ballingrud Jan 2014

Public Reason As Higher Law, Gordon D. Ballingrud

Gordon D Ballingrud

This paper presents a model of higher-law formation by employing a modified version of John Rawls’ idea of public reason. The model specifies a theory of public reason that combines the procedural and substantive aspects of public reason, and extends the concept over a third dimension, time. This concept, by virtue of its multi-generational democratic pedigree, forms a repository of political and legal concepts of justice that conform to the duty of civility, and the broad consensus on political and legal norms required of the content of public reason, which forms the overlapping consensus. Thus, public reason as higher law ...


Legitimation, Mark C. Modak-Truran Jan 2014

Legitimation, Mark C. Modak-Truran

Mark C Modak-Truran

This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those in predominantly ...


Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan Jan 2014

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.


Soft Law As Foreign Relations Law, Jean Galbraith Jan 2014

Soft Law As Foreign Relations Law, Jean Galbraith

Faculty Scholarship at Penn Law

The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led courts and scholars to raise questions about whether soft law made abroad can possibly meet the doctrinal requirements of the domestic discipline. This Article proposes a new doctrinal understanding of soft law implementation. It argues that, properly understood, soft law implementation lies at the intersection ...


Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz Jan 2014

Robust Regression Methods For Massively Decayed Intelligence Data, Akiva Joachim Lorenz

Wayne State University Dissertations

Homeland Security, sponsored by governmental initiatives, has become a vibrant academic research field. However, most efforts were placed with the recognition of threats (e.g. theory) and response options. Less effort was placed in the analysis of the collected data through statistical modeling. In a field that collects more than 20 terabyte of information per minute though diverse overt and covert means and indexes it for future research, understanding how different statistical models behave when it comes to massively decayed data is of vital importance.

Using Monte Carlo methods, three regression techniques (ordinary least squares, least-trimmed, and maximum likelihood) were ...


Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman Jan 2014

Juries And Social Media: Northwest Ohio's Response To This Phenomenon, Erica Lunderman

Honors Projects

The 21st century is an era in which the dependence on technology is at an all-time high. The availability of information on social networking sites has recently sparked a debate in regards to jury impartiality. Over the last few years states such as Florida, Michigan, and New York have received scholastic attention for making changes to local jury instructions to ensure defendant’s rights of an impartial jury guaranteed by the Sixth Amendment. Federal national jury instructions addressing juror social media usage has also drawn attention. Little, however, scholastic attention has been directed towards Northwest Ohio. This project will ...


Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond Jan 2014

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides ...


Justice Stewart Meets The Press, Keith Bybee Dec 2013

Justice Stewart Meets The Press, Keith Bybee

Keith J. Bybee

Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of ...


Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast Dec 2013

Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast

Gillian K Hadfield

Many social scientists rely on the rule of law in their accounts of political or economic development. Many however simply equate law with a stable government capable of enforcing the rules generated by a political authority. As two decades of largely failed efforts to build the rule of law in poor and transition countries and continuing struggles to build international legal order demonstrate, we still do not understand how legal order is produced, especially in places where it does not already exist. We here canvas literature in the social sciences to identify the themes and gaps in the existing accounts ...


The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan Dec 2013

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation. As noble as virtuous behavior, virtuous ...