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2013

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Full-Text Articles in Political Science

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 ...


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 ...


The Relevance Of Marxist Academics, Raju Das Nov 2013

The Relevance Of Marxist Academics, Raju Das

Class, Race and Corporate Power

This commentary examines the relationship between a Marxist scholar and the institutional and societal environment of the university. The focus is on how a Marxist academic navigates the social, economic and political aspects of the university while attempting to maintain a commitment to class analysis and Marxism as political practice.


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.


The Corporatization Of Higher Education, Ronald W. Cox Nov 2013

The Corporatization Of Higher Education, Ronald W. Cox

Class, Race and Corporate Power

This essay reviews recent books and articles that examine the politics and economics of the restructuring of public universities in the United States. The author weaves the arguments together to point to several prominent trends: increased corporatization of university governance and increased dependence on the market for resources previously provided by the state, reduction of full-time faculty in favor of instructors and adjuncts, dramatic growth of administrative personnel, and mounting student debt. The history of these developments is explored by examining the roots of the political attacks on the public university.


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.


Mamluk Jerusalem: Architecturally Challenging Narratives, Andrew C. Smith Nov 2013

Mamluk Jerusalem: Architecturally Challenging Narratives, Andrew C. Smith

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

Narratives abound concerning the religious and political positioning of Jerusalem in the past as well as the present and have been used in a variety of ways to serve various ideologies or political ends. One such narrative (which can be found even in some academic treatises of the history of Jerusalem) states that following the Muslim re-conquest of the city after the Crusades Muslim rulers neglected the city entirely, leading to its decline into obscurity and ruin. This narrative asserts that the city remained as such until Zionism, Jewish immigration, and, most especially, the establishment of the state of Israel ...


Optimism Versus Pessmism: An Exploratory Analysis Of China In Zambian Media, Bob Wekesa Nov 2013

Optimism Versus Pessmism: An Exploratory Analysis Of China In Zambian Media, Bob Wekesa

Zambia Social Science Journal

The huge interest in Zambia-­‐China relations globally, both in academia and popular press, inspires several inquisitions. How have these relations changed and panned out in the present, from a Zambian media perspective? Would a Zambian media approach help provide insights into the ebb and flow of perceptions about China inside Zambia? What can we gather from the Zambian media on the September 2011 regime change in Zambia vis-­‐à-­‐vis China’s engagement? In other words, how did Zambian media craft perceptions on and of China in the era of late president Michael Chilufya Sata’s leadership? To answer ...


Deliberative Democracy And Illiteracy: Exploring A Theoretical Gap, Udit Bhatia Oct 2013

Deliberative Democracy And Illiteracy: Exploring A Theoretical Gap, Udit Bhatia

Journal of Public Deliberation

In this essay, I demonstrate that literacy is not necessary for participation in a deliberative democracy. First, I examine the literature on the subject and demonstrate how the necessity of literacy has either been assumed or left entirely unquestioned. I argue that this is a significant gap with major conceptual and normative significance since several democracies have very high illiteracy rates. I reflect upon the overwhelming focus on ideal theory as a method of conceptual and normative analysis, and its inability to provide guidance in cases that depart radically from the ideal- but which are a normal feature of political ...


The Politics Of Subnational Decentralization In France, Brazil, And Italy, Nick Vlahos Oct 2013

The Politics Of Subnational Decentralization In France, Brazil, And Italy, Nick Vlahos

Journal of Public Deliberation

Decentralized political institutions increasingly play a substantial role in the lives of people, implementing services deriving from influential (elected) bodies of governance, and influencing the relative degree of civil society access to policy-making. The following paper challenges pluralist and social capitalist claims of how decentralized institutions arise and differ in their ability to function. Robert Putnam, Robert Leonardi, and Raffaela Nanetti’s (1993) book Making Democracy Work: Civic Traditions in Modern Italy will provide the base from which this paper departs, utilizing comparative historical analysis to argue instead that subnational or otherwise regional and local governments entail dialectical relations within ...


Local Art, Local Action: A Proposal For Deliberating On And About Main Street, Anna M. Wiederhold Oct 2013

Local Art, Local Action: A Proposal For Deliberating On And About Main Street, Anna M. Wiederhold

Journal of Public Deliberation

In every campaign, politicians make promises. They spell out their hopes and dreams for their constituents and describe the dystopia that would exist should their opponent be elected instead. With campaign speeches characterized by lofty promises, buzz words, and vague generalities, deliberative opportunities exist for clarification and complexification of candidate (and party) platforms. I propose a unique possibility for local politics that would demystify the electoral process and increase civic engagement by providing community-level opportunities to participate in platform-formation, information-seeking, and deliberation. Specifically, I propose that local government host an issue-raising arts festival, which would lead to an online deliberative ...


Teaching, Practicing, And Performing Deliberative Democracy In The Classroom, Hayley J. Cole Oct 2013

Teaching, Practicing, And Performing Deliberative Democracy In The Classroom, Hayley J. Cole

Journal of Public Deliberation

Inspired by the Citizens Initiative Review Process in Oregon, Healthy Democracy, and the Living Voters Guide, this paper proposes that undergraduate educators should teach, practice, and perform deliberative democracy in the classroom. This paper will identify deliberation as a tool for resolving difficulties in current democratic practices and propose a specific classroom activity to teach deliberative skills. The sample undergraduate activity involves student research, local political leaders coming to speak and answer questions, and in-class deliberations. Using survey data collected from the students/participants, it was found that the activity had positive learning outcomes for students. Students reported feeling more ...


Boundary Objects And Public Deliberation: Analyzing The Management Of Boundary Tensions In The Consensus Conference, Hsin-Yi Yeh Oct 2013

Boundary Objects And Public Deliberation: Analyzing The Management Of Boundary Tensions In The Consensus Conference, Hsin-Yi Yeh

Journal of Public Deliberation

Consistent with studies on inclusive management, this paper adopts the concept of “boundary object” and therefore an emergent approach to explain the collaboration of heterogeneous social actors in public deliberation. My long-term participant observation of the consensus conferences in Taiwan from 2002 through 2005 in general and the transcript of a national consensus conference on prenatal examination in 2005 in particular form the data sources. The identification of a series of boundary objects in the consensus conferences led me to conclude that, on the one hand, the consensus conference is a boundary infrastructure that fosters the establishment of a community ...


Who Moderates The Moderators? The Effect Of Non-Neutral Moderators In Deliberative Decision Making, Paolo Spada, James Raymond Vreeland Oct 2013

Who Moderates The Moderators? The Effect Of Non-Neutral Moderators In Deliberative Decision Making, Paolo Spada, James Raymond Vreeland

Journal of Public Deliberation

Ideal deliberative democracy seeks to employ unbiased moderators. Yet, a large literature in the field of mediation suggests the elusiveness of perfect neutrality. Our study thus addresses the following question: when moderators of deliberations express their own views – even in a limited manner – can they change the preferences of participants? Using a novel experimental design in a real deliberative decision-making process, we find that moderators can significantly influence the attitudes and behaviors of participants by expressing views in a constrained manner. The results of our study have implications for refining epistemic conceptions of deliberative democracy and for designing more precise ...


Contemporary Trends Of Deliberative Research: Synthesizing A New Study Agenda, Simon Beste Oct 2013

Contemporary Trends Of Deliberative Research: Synthesizing A New Study Agenda, Simon Beste

Journal of Public Deliberation

Deliberation is among the most widely acknowledged figures of thought in social theory. Taking the growing interest in the research conducted around deliberative democracy as an initial position, this paper seeks to provide an overview of recent predispositions and paradigm shifts of approaches taken towards the analysis of real-world discourses. Therefore, as a first step three different – nevertheless correlating – trends of deliberative research are identified: (1) an “empirical turn” and an effort to test and “falsify” assumptions of deliberative theories, (2) the consideration of certain epistemic dimensions of deliberative democracy and (3) the conceptual opening towards not fully rationalizable modes ...


Climate Change And The Color Line, Michael Murphy Oct 2013

Climate Change And The Color Line, Michael Murphy

Class, Race and Corporate Power

Climate change is estimated to be responsible for 400,000 deaths per year, mostly because of hunger and communicable diseases affecting children in the Global South. Using the sociology of W.E.B. Du Bois, I attempt to demonstrate how and why climate change occurs along the color line. I conclude by arguing why it is important to think about climate change as a human rights issue.


With An Eye On A Set Of New Eyes: Beasts Of The Southern Wild, Kette Thomas Oct 2013

With An Eye On A Set Of New Eyes: Beasts Of The Southern Wild, Kette Thomas

Journal of Religion & Film

This article focuses on how, Beasts of the Southern Wild, represents both divergence and transgression from paradigmatic structures that determine how certain visual representations are to be used. Specifically, the cinematic detours taken by the filmmakers, Lucy Alibar and Behn Zeitlin, do not lead to alien places for most viewers; on the contrary, ancient myths, legends, heroes and prehistoric references are recalled in total isolation from current social and political discourse. In this way, Beasts of the Southern Wild, effectively, highlights mythological structures operating in contemporary American society. Mircea Eliade, Roger Caillois and G.S. Kirk define mythology as a ...


In Defense Of Technology, Mike Kelly Oct 2013

In Defense Of Technology, Mike Kelly

The Intellectual Standard

During the Middle Ages, i.e. the "Dark" Ages, man's worldview was largely dominated by mysticism, irrationality, and collectivism. The universe was widely perceived as epistemologically unknowable and meta­physically malevolent, dooming man to suffering and tragedy. Given the widespread political and social instability, as well as the ravages of un­stoppable plagues and warmongering nations, such conclusions were not totally unreasonable. The Enlightenment and its corollary, the Scientific Revolution, delivered western civilization from the Dark Ages into an age of reason, science, and individualism. What was once perceived as un­knowable, uncertain, and malevolent, became knowable, certain, and ...