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Articles 1 - 9 of 9

Full-Text Articles in Political Science

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.


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 ...


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 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.


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 ...


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 ...