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Full-Text Articles in Political Science

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang Aug 2016

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...


An Epistemic Justification For Voting, Julia Maskivker Jun 2016

An Epistemic Justification For Voting, Julia Maskivker

Faculty Publications

Received wisdom in most democracies is that voting should be seen as a political freedom that citizens have a right to exercise or not to exercise. But would liberal democracies be any less liberal if voting were seen as a duty? Contrasting the libertarian argument against the moral duty to vote, this paper proposes that we have a duty to vote well – with knowledge and a sense of impartiality. The obligation is one among many instantiations of a natural duty to promote and support just institutions in society. The paper links justice with democratic epistemic virtues to ground the morality ...


Aristotle's Ideal Regime As Utopia, Steven Thomason Mar 2016

Aristotle's Ideal Regime As Utopia, Steven Thomason

Presentations and Lectures

Although Aristotle’s ideal regime discussed in books seven and eight of his Politics seems much more feasible and less utopian than the regime outlined in Plato’s Republic, a few scholars have questioned its feasiblity in light of the real world demands of politics. Similarly, I argue that carefully considered his ideal regime turns-out not to be feasible or a practical recommendation for politics, but rather a thought experiment like Plato’s Republic meant to show the limitations of what is politically achievable. I do so by comparing his ideal regime to his prior discussions of democracy in the ...


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang Jan 2016

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...