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Full-Text Articles in Political Science

University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr. Oct 2016

University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.


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 ...


Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman Jun 2016

Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman

Chad M. Bauman

As a secular democracy, India’s constitution enshrines relatively robust safeguards for religious equality and freedom. Article 25 provides all citizens the right to “freely profess, practice, and propagate” religion, and avoids assigning to Hinduism any special role or explicit privilege (in contradistinction to the situation with Buddhism in Sri Lanka, for example). Moreover, the Indian government itself has not generally engaged in any systematic or flagrant way in the direct persecution or oppression of its religious minorities.
However, India’s religious minorities do face certain challenges. Among them are several legal and judicial issues. Judicial rulings in independent India ...


Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann Feb 2016

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann

John Hermann

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.


Associate Justice William O. Douglas, John Hermann Feb 2016

Associate Justice William O. Douglas, John Hermann

John Hermann

No abstract provided.


Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova Jun 2015

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes Dec 2013

El Estado Y Los Derechos Fundamentales. Una Guía Mínima Para El Alumno De Derecho, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

Antes de abordar la construcción y la evolución histórico-­doctrinal de los Derechos Fundamentales, nos parece obligatorio hacer una breve delimitación de los conceptos de Estado y de Soberanía, ya que el desarrollo del campo de los Derechos Humanos se hace de forma exterior al Ius propiam civitatis, y por veces contra él, contexto que la Globalización económica y la emergencia de la Sociedad de la Información han agudizado, ya que estas nuevas variables colocan problemas de transcendencia jurídica, funcional y transforman, radicalmente, las visiones tradicionalistas sobre jurisdicciones y competencias.


A New Introduction To American Constitutionalism, Mark Graber Oct 2013

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate May 2013

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted ...


Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell Dec 2012

Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell

kirby farrell

Abstract: A psychological analysis of the Supreme Court’s controversial Citizens United decision finds the concept of agency or personhood conflicted in its use by the majority. Some conservative justices in this and some other decisions, including Voting Rights enforcement (2006) and death penalty jurisprudence, have positioned authority and the voices of affected “persons” in the beyond: that is, in an abstract or metaphysical zone wherein reasoning cannot follow or be held responsible.


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 ...


An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr Apr 2012

An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr

David C Taylor Jr

This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.


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 ...


Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo Dec 2011

Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo

Nick J. Sciullo

No abstract provided.


Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha Dec 2009

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jul 2008

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.


“Signals And Spillover: Brown V. Board Of Education And Other Social Movements, David S. Meyer Feb 2007

“Signals And Spillover: Brown V. Board Of Education And Other Social Movements, David S. Meyer

david s. meyer

No abstract provided.


The Social Implications Of Information Security Measures On Citizens And Business, K. Michael, M. G. Michael May 2006

The Social Implications Of Information Security Measures On Citizens And Business, K. Michael, M. G. Michael

Professor Katina Michael

The 2006 Workshop on the Social Implications of Information Security Measures on Citizens and Business was organised by the Research Network for a Secure Australia (RNSA) funded by the Australian Research Council. The Workshop will become a biennial event bringing together both researchers and practitioners in the fields relating to the national research priority entitled Safeguarding Australia.

In 2006, the workshop was held on the 29th May, at the Function Centre at the University of Wollongong between 8.30 am and 5.00 pm.

The Workshop was organised by RNSA members of the Centre for eBusiness Applications Research at the ...


Morality And The Rule Of Law, Noel Reynolds May 1986

Morality And The Rule Of Law, Noel Reynolds

Noel B Reynolds

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.