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Full-Text Articles in Political Science

A Comparison Of Two Different Theoretical Approaches To Commons, Roger A. Lohmann Nov 2018

A Comparison Of Two Different Theoretical Approaches To Commons, Roger A. Lohmann

Faculty Scholarship

A comparison of elements of the commons theory approaches of Elinor and Vincent Ostrom and Roger A. Lohmann.


The United States, Mexico, And The War On Drugs In The Trump Administration, James M. Cooper Jan 2018

The United States, Mexico, And The War On Drugs In The Trump Administration, James M. Cooper

Faculty Scholarship

This Article examines the war on drugs as persecuted by the United States and how it has been exported to Mexico. It also explores the increased efforts in the drugs war that the Trump administration, through the U.S. Department of Justice, is pursuing at a domestic level. Part I of this Article provides an outline of the dynamics in the quickly evolving and highly tense relationship between the United States and Mexico. Part II of this Article details the historical background of the U.S.-Mexico border region and demonstrates that the border has long been a contested site ...


Making Medicaid Work In The Mountain State? An Assessment Of The Effect Of Work Requirements For Medicaid Beneficiaries In West Virginia, Simon F. Haeder Jan 2018

Making Medicaid Work In The Mountain State? An Assessment Of The Effect Of Work Requirements For Medicaid Beneficiaries In West Virginia, Simon F. Haeder

Faculty Scholarship

West Virginia is one of the poorest states in the nation, and West Virginians face some of the highest rates of illness and disability. One of the few bright spots for the health of West Virginians have been government-funded programs like Medicaid and the Children’s Health Insurance Program (CHIP). The Affordable Care Act (ACA), including the expansion of Medicaid under Governor Tomblin in 2014, has brought health coverage and access to care to hundreds of thousands of West Virginians. Today, about a third of West Virginians rely on Medicaid, and the program has become the backbone of the state ...


Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel Jan 2018

Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel

Faculty Scholarship

This symposium Essay argues that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution ...


The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy Jan 2018

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy

Faculty Scholarship

The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty ...


Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith Jan 2018

Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:

(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;

(b) make increasingly consequential political commitments for the United States on practically any topic;

(c) interpret these obligations and commitments; and

(d) terminate or withdraw from these obligations and commitments.

While others have examined pieces of this ...


Sustaining Collective Self-Governance And Collective Action: A Constitutional Role Morality For Presidents And Members Of Congress, Neil S. Siegel Jan 2018

Sustaining Collective Self-Governance And Collective Action: A Constitutional Role Morality For Presidents And Members Of Congress, Neil S. Siegel

Faculty Scholarship

In the United States today, the behavior of the political branches is generally viewed as more damaging to the American constitutional system than is the behavior of the federal courts. Yet constitutional law scholarship continues to focus primarily on judges and judging. This Article suggests that such scholarship should develop for presidents and members of Congress what it has long advocated for judges: a role morality that imposes normative limits on the exercise of official discretion over and above strictly legal limits. The Article first grounds a role morality for federal elected officials in two purposes of the U.S ...


Three Models Of Adjudicative Representation, Margaret H. Lemos Jan 2017

Three Models Of Adjudicative Representation, Margaret H. Lemos

Faculty Scholarship

No abstract provided.


Fear And Firearms, Darrell A. H. Miller Jan 2017

Fear And Firearms, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster Jan 2017

Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster

Faculty Scholarship

The Foreign Corrupt Practices Act (“FCPA”), which bans corporations from offering bribes to foreign government officials, was enacted during the Watergate era’s crackdown on political corruption but remained only weakly enforced for its first two decades. American industry argued that the law created an uneven playing field in global commerce, which made robust enforcement politically unpopular. This Article documents how the executive branch strategically under- enforced the FCPA, while Congress and the President pushed for an international agreement that would bind other countries to rules similar to those of the United States. The Article establishes that U.S. officials ...


Who's On The Bench? The Impact Of Latino Descriptive Representation On U.S. Supreme Court Approval Among Latinos And Anglos [Post-Print], Diana Evans, Ana Franco, J L. Polinard, James Wenzel, Robert Wrinkle Dec 2016

Who's On The Bench? The Impact Of Latino Descriptive Representation On U.S. Supreme Court Approval Among Latinos And Anglos [Post-Print], Diana Evans, Ana Franco, J L. Polinard, James Wenzel, Robert Wrinkle

Faculty Scholarship

Objectives

Few studies have examined the impact of the descriptive representation of Latinos on evaluations of the judiciary. This study helps to fill that gap by examining the effect of the appointment of Sonia Sotomayor on Latinos’ and Anglos’ evaluations of the U.S. Supreme Court.

Methods

Using repeated measures from surveys conducted in Texas in 2006 and 2011, we use ordered logit analysis to estimate the impact of the Sotomayor appointment on approval of the U.S. Supreme Court among Latinos and Anglos.

Results

At all levels of political knowledge, Latinos were more aware of the Sotomayor appointment than ...


The Rise Of Private Actors Along The United States-Mexico Border, James M. Cooper Jan 2016

The Rise Of Private Actors Along The United States-Mexico Border, James M. Cooper

Faculty Scholarship

This Article is about the proliferation of private actors playing a role at the “broken border.” The Introduction of this Article sets out the conceptual framework for the Article and provides the roadmap for each part. Part I examines which private actors and corporations have increased their role at the US-Mexico border. These actors include multinational corporations including Mexican-sited factories (maquiladoras) and US government contractors engaging in national security work, as well as criminal organizations like human smugglers (polleros and coyotes) and drug cartels (narcotraficantes) from the Mexico side, and the border vigilantes, such as the Minutemen and American Border ...


Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking ...


Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis Jan 2016

Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis

Faculty Scholarship

A defining feature of public sector employment is the regular change in elected leadership. Yet, we know little about how elections influence public sector careers. We describe how elections alter policy outputs and disrupt the influence of civil servants over agency decisions. These changes shape the career choices of employees motivated by policy, influence, and wages. Using new Office of Personnel Management data on the careers of millions of federal employees between 1988 and 2011, we evaluate how elections influence employee turnover decisions. We find that presidential elections increase departure rates of career senior employees, particularly in agencies with divergent ...


The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel Jan 2016

The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel

Faculty Scholarship

Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable. Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice ...


Can Greece Be Expelled From The Eurozone? Toward A Default Rule On Expulsion From International Organizations, Joseph Blocher, Mitu Gulati, Laurence R. Helfer Jan 2016

Can Greece Be Expelled From The Eurozone? Toward A Default Rule On Expulsion From International Organizations, Joseph Blocher, Mitu Gulati, Laurence R. Helfer

Faculty Scholarship

The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member—Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit ...


Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins Jan 2016

Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.


Continuity And The Declaration Of Independence, Darrell A. H. Miller Jan 2016

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels Jan 2016

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has ...


The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley Jan 2016

The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

Faculty Scholarship

As part of a symposium on Justice Stephen Breyer’s book, “The Court and the World,” this essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides ...


Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire Sep 2015

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school ...


Review Essay Of Farish Noor's "The Malaysian Islamic Party Pas 1951-2013 : Islamism In A Mottled Nation.", Jason P. Abbott Jun 2015

Review Essay Of Farish Noor's "The Malaysian Islamic Party Pas 1951-2013 : Islamism In A Mottled Nation.", Jason P. Abbott

Faculty Scholarship

No abstract provided.


Behavioral Public Choice And The Law, Gary M. Lucas Jr., Slaviša Tasić Jan 2015

Behavioral Public Choice And The Law, Gary M. Lucas Jr., Slaviša Tasić

Faculty Scholarship

Behavioral public choice is the study of irrationality among political actors. In this context, irrationality means systematic bias, a deviation from rational expectations, or other departure from economists’ conception of rationality. Behavioral public choice scholars extend the insights of behavioral economics to the political realm and show that irrational behavior is an important source of government failure. This Article makes an original contribution to the legal literature by systematically reviewing the findings of behavioral public choice and explaining their implications for the law and legal institutions. We discuss the various biases and heuristics that lead political actors to support and ...


Living Without Recognition : A Case Study Of Burmese Refugees In Malaysia., Meagan Floyd, Michael Zeller, Jason P. Abbott Jan 2015

Living Without Recognition : A Case Study Of Burmese Refugees In Malaysia., Meagan Floyd, Michael Zeller, Jason P. Abbott

Faculty Scholarship

No abstract provided.


The Voting Rights In Winter: The Death Of A Superstatute, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2015

The Voting Rights In Winter: The Death Of A Superstatute, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

The Voting Rights Act (“VRA”), the most successful civil rights statute in American history, is dying. In the recent Shelby County decision, the U.S. Supreme Court signaled that the anti-discrimination model, long understood as the basis for the VRA as originally enacted, is no longer the best way to understand today’s voting rights questions. As a result, voting rights activists need to face up to the fact that voting rights law and policy are at a critical moment of transition. It is likely the case that the superstatute we once knew as the VRA is no more and ...


Neomercantilism And Great-Power Energy Competition In Central Asia And The Caspian., Charles E. Ziegler, Rajan Menon Jul 2014

Neomercantilism And Great-Power Energy Competition In Central Asia And The Caspian., Charles E. Ziegler, Rajan Menon

Faculty Scholarship

The neomercantilist energy policies of China and Russia contribute to what is largely a competitive relationship among all three great powers in Central Asia. While neomercantilist policies do not negate the possibility of cooperation and the development of norms, rules, and institutions designed to promote collective action, they certainly erect formidable barriers.


Beyond One Voice, David H. Moore Jan 2014

Beyond One Voice, David H. Moore

Faculty Scholarship

The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice doctrine has received relatively little sustained attention. This Article offers the first comprehensive assessment of the doctrine. The assessment proves fatal.

Despite broad use and value in certain contexts, the one-voice doctrine is fundamentally flawed. The doctrine not only is used to address ...


Mena And The Internet : Technology And The Democratic Divide., Jason Gainous, Kevin M. Wagner Jan 2014

Mena And The Internet : Technology And The Democratic Divide., Jason Gainous, Kevin M. Wagner

Faculty Scholarship

No abstract provided.


Treaty Termination And Historical Gloss, Curtis A. Bradley Jan 2014

Treaty Termination And Historical Gloss, Curtis A. Bradley

Faculty Scholarship

The termination of U.S. treaties provides an especially rich example of how governmental practices can provide a “gloss” on the Constitution’s separation of powers. The authority to terminate treaties is not addressed specifically in the constitutional text and instead has been worked out over time through political-branch practice. This practice, moreover, has developed largely without judicial review. Despite these features, Congress and the President—and the lawyers who advise them—have generally treated this issue as a matter of constitutional law rather than merely political happenstance. Importantly, the example of treaty termination illustrates not only how historical practice ...


The Puzzling Persistence Of Dual Federalism, Ernest A. Young Jan 2014

The Puzzling Persistence Of Dual Federalism, Ernest A. Young

Faculty Scholarship

This essay began life as a response to Sotirios Barber’s essay (soon to be a book) entitled “Defending Dual Federalism: A Self-Defeating Act.” Professor Barber’s essay reflects a widespread tendency to associate any judicially-enforceable principle of federalism with the “dual federalism” regime that dominated our jurisprudence from the Founding down to the New Deal. That regime divided the world into separate and exclusive spheres of federal and state regulatory authority, and it tasked courts with defining and policing the boundary between them. “Dual federalism” largely died, however, in the judicial revolution of 1937, and it generally has not ...