Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Political Science

The Freedom Of Information Act And The Ecology Of Transparency, Seth F. Kreimer Sep 2008

The Freedom Of Information Act And The Ecology Of Transparency, Seth F. Kreimer

Faculty Scholarship at Penn Law

The Framers’ approbation of a unitary executive rested in important part on the belief that the unitary executive’s actions were apt to be more “narrowly watched and readily suspected” by an informed public opinion than those of a plural executive. Yet the body of the Constitution provides no right to public information. What the Constitutional text omits, the last generation has embedded as a part of modern constitutional practice in the Freedom of Information Act. Some critics have deplored FOIA as a “romantic” effort at “self help oversight”, superfluous in light of the checks and balances of divided government ...


James Wilson And The Drafting Of The Constitution, William Ewald Jun 2008

James Wilson And The Drafting Of The Constitution, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler May 2008

Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler

Brigham Young University Journal of Public Law

No abstract provided.


A Primary Human Challenge, Carroy U. Ferguson Apr 2008

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.


Shaping The Contours Of Domestic Justice: The International Criminal Court And An Admissibility Challenge In The Uganda Situation, William W. Burke-White, Scott Kaplan Apr 2008

Shaping The Contours Of Domestic Justice: The International Criminal Court And An Admissibility Challenge In The Uganda Situation, William W. Burke-White, Scott Kaplan

Faculty Scholarship at Penn Law

In December 2003, the Government of Uganda referred the situation in conflict-torn northern Uganda to the nascent International Criminal Court. It was the first referral by a State Party under Article 14 of the Rome Statute of ICC and led to the indictment of five leaders of the Lord’s Resistance Army (LRA). Four years later, Uganda found itself in the midst of promising peace negotiations with the LRA. A major obstacle to a final agreement was the refusal of the indicted leaders to face ICC justice. Seeking to peacefully resolve the conflict, the Government signed a preliminary agreement in ...


Democracy In Practice: Lessons From New England, Madhawa Palihapitiya, Kevin Dye Jan 2008

Democracy In Practice: Lessons From New England, Madhawa Palihapitiya, Kevin Dye

Massachusetts Office of Public Collaboration Publications

Political decision-making by elites require some form of civilian participation to regain legitimacy. Increasingly groups of Citizens do not trust in political elites and are increasingly frustrated by their behavior. When faced with the problem of diversity, even established democracies face problems of managing diversity. In the global context differences of opinion, culture, religion etc has defined many of the New Wars (Kaldor 1999). In the United States many non-state and semi-governmental organizations have developed programs to increase public knowledge of the legislature and its decision-making processes. The ultimate purpose of this is to exercise some control over state power ...


Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter Jan 2008

Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter

Faculty Scholarship at Penn Law

No abstract provided.


Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins Jan 2008

Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly zero, and their roll rate is lower than opposition parties’ roll rates, which average about 20% on all final passage votes. Second, we find that, controlling for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree-conversion bills and budget bills that on ...


For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule Jan 2008

For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule

Faculty Scholarship

Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.

In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions of the ...


Policymaking Under Pressure: The Perils Of Incremental Responses To Climate Change, Cary Coglianese, Jocelyn D’Ambrosio Jan 2008

Policymaking Under Pressure: The Perils Of Incremental Responses To Climate Change, Cary Coglianese, Jocelyn D’Ambrosio

Faculty Scholarship at Penn Law

Federal policymakers’ reluctance to enact a comprehensive climate change policy during the past decade has coincided with increased awareness of the inevitability and severity of the problems from global climate change. Thus, it is no surprise that piecemeal, sub-federal policies have garnered considerable support. Bolstered by the political science literature on the promise of incrementalism and democratic experimentalism, many proponents of climate change action favor incremental steps in the hope that they will improve the environment or at least serve as a basis for more comprehensive policies. Against this hopeful view, we explain why ad hoc responses to climate change ...


Vote-Trading In International Institutions, Ofer Eldar Jan 2008

Vote-Trading In International Institutions, Ofer Eldar

Faculty Scholarship

There is evidence that countries trade votes among each other in international institutions on a wide range of issues, including the use of force, trade issues and elections of judges. Vote-trading has been criticized as being a form of corruption, undue influence and coercion. Contrary to common wisdom, however, I argue in this paper that the case for introducing policy measures against vote-trading cannot be made out on the basis of available evidence. This paper sets out an analytical framework for analyzing vote-trading in international institutions, focusing on three major contexts in which vote-trading may generate benefits and costs: (1 ...


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 ...


Canada And Russia In The North Pole: Cooperation, Conflict, And Canadian Identity In The Interpretation Of The Arctic Region, Nick J. Sciullo Dec 2007

Canada And Russia In The North Pole: Cooperation, Conflict, And Canadian Identity In The Interpretation Of The Arctic Region, Nick J. Sciullo

Nick J. Sciullo

The Arctic debate touches on a number of important international issues: national security, energy exploration and policy, environmental concerns, and maritime commerce are but a few. The North Pole, the Arctic more generally, is becoming increasingly important to a number of international actors as climate change causes ice to melt and the Arctic's waters become increasingly navigable. The pressure to lay claim to the Canadian North is intense, as countries clamor for the right to firmly plant their flags and lay the foundations for their military bases and research facilities.

Canadians must confront threats to sovereignty that they have ...


Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow Dec 2007

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States ...


The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan Dec 2007

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

Donald J. Kochan

The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents ...