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2013

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Articles 1 - 30 of 212

Full-Text Articles in Political Science

Beyond Judicial Populism, Anil Kalhan Dec 2013

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.


A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11 Dec 2013

A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11

The Fordham Undergraduate Research Journal

This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to ...


Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia Dec 2013

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of ...


The United Nations And The Magna Carta For Children, Winston E. Langley Dec 2013

The United Nations And The Magna Carta For Children, Winston E. Langley

Winston E. Langley

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds ...


Export Controls: A Contemporary History, Bert Chapman Dec 2013

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.


The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru Dec 2013

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the ...


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.


The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire Dec 2013

The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire

Faculty Scholarship

This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when ...


Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman Dec 2013

Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman

San Diego Law Review

In this Article I consider whether the existing international legal human rights regime enjoys political authority over sovereign states. In particular, I explore whether, just as states can cite their role as the primary institutions that protect human rights in order to justify their claim to authority over their citizens, perhaps the current human rights regime might plausibly cite its secondary role in securing human rights in order to ground its authority over these states.


The Morality Of Human Rights, Michael J. Perry Dec 2013

The Morality Of Human Rights, Michael J. Perry

San Diego Law Review

My discussion of the morality of human rights in this Article presupposes that the reader is familiar with the internationalization of human rights: the growing international recognition and protection, in the period since the end of the Second World War, of certain rights as human rights. The Appendix to this Article is for readers not familiar with the internationalization of human rights. I begin, in the first Part of the Article, by explaining what the term human right means in the context of the internationalization of human rights. I also explain both the sense in which some human rights are ...


How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller Nov 2013

How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.


Symposium - The U.S.-Iranian Relationship And The Future Of International Order Nov 2013

Symposium - The U.S.-Iranian Relationship And The Future Of International Order

Penn State Journal of Law & International Affairs

No abstract provided.


2012-13 Jlia Masthead Nov 2013

2012-13 Jlia Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz Nov 2013

Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz

Penn State Journal of Law & International Affairs

Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M ...


The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira Nov 2013

The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira

Penn State Journal of Law & International Affairs

In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it ...


The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes Nov 2013

The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes

Penn State Journal of Law & International Affairs

Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.


How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett Nov 2013

How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett

Penn State Journal of Law & International Affairs

This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying ...


The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla Nov 2013

The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla

Penn State Journal of Law & International Affairs

International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United ...


Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck Nov 2013

Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck

Penn State Journal of Law & International Affairs

In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and ...


Iran's Nuclear Program And International Law, Daniel H. Joyner Nov 2013

Iran's Nuclear Program And International Law, Daniel H. Joyner

Penn State Journal of Law & International Affairs

In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for ...


Npt: A Pillar Of Global Governance, Richard Butler Nov 2013

Npt: A Pillar Of Global Governance, Richard Butler

Penn State Journal of Law & International Affairs

The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force ...


The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett Nov 2013

The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett

Penn State Journal of Law & International Affairs

How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share ...


Foreword, Amy C. Gaudion Nov 2013

Foreword, Amy C. Gaudion

Penn State Journal of Law & International Affairs

No abstract provided.


Dialogic Defense Of Alden, Jay Tidmarsh Nov 2013

Dialogic Defense Of Alden, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.


The Killer Idea: How Some Gunslinging Anarchists Held Freedom Of Speech At Gunpoint, Gert A. Van Vugt Msc Nov 2013

The Killer Idea: How Some Gunslinging Anarchists Held Freedom Of Speech At Gunpoint, Gert A. Van Vugt Msc

Gert A van Vugt MSc

In May 2013, the first all-plastic, 3D printed gun was fired. This paper offers a detailed description of the origins and development of the printable gun. It elucidates the transformation of the principal narrative in the increasing media coverage from circumventing arms regulation to defending free speech, highlighting the role of Defense Distributed and their strategic framing of the printable gun. Finally, the uptake of the latter narrative by early popular and scholarly contributions is discussed. The paper highlights the political impact of narrative formation in debates about regulating 3D printing and the communication of printable designs, and suggests an ...


Every Picture Tells A Story: The 2010 Round Of Congressional Redistricting In New England, Robert G. Boatright, James R. Gomes, Diana Evans, John Baughman, Nicholas M. Giner, Dante J. Scala, Amelia Najjar, Nicholas Rossi Nov 2013

Every Picture Tells A Story: The 2010 Round Of Congressional Redistricting In New England, Robert G. Boatright, James R. Gomes, Diana Evans, John Baughman, Nicholas M. Giner, Dante J. Scala, Amelia Najjar, Nicholas Rossi

Mosakowski Institute for Public Enterprise

The United States Constitution requires that

the number of representatives in Congress be

reapportioned among the states based on a decennial

census, and the U.S. Supreme Court ruled half a

century ago that congressional districts within each

state must be, as nearly as practicable, equal in

population. However, the actual drawing of district

lines for our national lower house and the methods

employed for doing so are largely left to the individual

states. Redistricting thus presents a fertile field for

the comparative examination of state politics and

political institutions.


Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis Nov 2013

Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis

Government Faculty Publications

The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient ...


'Dred Scott V. Sandford' Analysis, Sarah E. Roessler Nov 2013

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.


Courting Power, Anil Kalhan Oct 2013

Courting Power, Anil Kalhan

Anil Kalhan

No abstract provided.


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 ...