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

Political Science Commons

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

2019

Legal Studies

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 51

Full-Text Articles in Political Science

On The Need For Human Rights To Constitute Structural Change: Lessons For Colombia From The Arab Spring’S Failures, Anthony Chase Oct 2019

On The Need For Human Rights To Constitute Structural Change: Lessons For Colombia From The Arab Spring’S Failures, Anthony Chase

Conference: The Social Practice of Human Rights

Transitional processes have nowhere failed as spectacularly than in the wake of the Arab Spring's "revolutions." Contrary to popular expectations, these revolutions gave way to counter-revolutions rather than transitions to democracy and pluralistic politics. This article argues that, by settling for transitions to mere formal democracies, an opportunity was lost to engage in necessary structural change. While understandable that transitional processes shied away from addressing controversial issues -- including how to translate diversity in religious, gender, sexual, and ideological domains into the foundation of new political communities -- not doing so was a fatal error as it left untouched preexisting structures ...


The Cost Of The Culturati: Studying The Neighborhood Stability Impact Of Cultural District Designations, Prakash Mishra Sep 2019

The Cost Of The Culturati: Studying The Neighborhood Stability Impact Of Cultural District Designations, Prakash Mishra

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The decision to declare a district for a specific cause is a critical policy decision; making an area an official office park or designated cultural site means it will attract specific types of residents and businesses and require specific amenities. This paper reviews the impact of designating a cultural district as a place-based policy, specifically by developing a measure of neighborhood stability and applying a stress test of neighborhood stability in cultural districts during the Great Recession. The model underpining the neighborhood stability measure is an optimal stopping time model which frames neighborhood rents as a Brownian motion with drift ...


Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board Sep 2019

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Masthead 2019, Dujpew Editorial Board Sep 2019

Masthead 2019, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Letter From The Editor 2019, Dujpew Editorial Board Sep 2019

Letter From The Editor 2019, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism ...


M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example ...


Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key Jun 2019

Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key

Laura Moyer

Although there is extensive scholarship on court-curbing efforts directed at the U.S. Supreme Court, much less is known about bills targeting the lower federal courts. This article argues that members of Congress also engage in position taking with respect to the U.S. Courts of Appeals, by proposing legislation to divide up the Ninth Circuit. Over seven decades, no other circuit has attracted as much court-curbing legislation as the Ninth Circuit, and yet no bill has succeeded. What accounts for this persistent focus on one court? We argue that bill sponsors are motivated primarily by electoral considerations and capitalize ...


Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr. Jun 2019

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a ...


The Regime Of Sex Trafficking Of Women In The United States, Julia Wilson Jun 2019

The Regime Of Sex Trafficking Of Women In The United States, Julia Wilson

Honors Theses

Sex trafficking is a vicious crime and has been denoted as a form of modern-day slavery, accumulating nearly 21 million victims worldwide. Women and girls make up 95% of victims of trafficking for sexual exploitation, which reflects the dominance of patriarchy operating in the U.S. and across the globe. When it comes to the sex trafficking of women, it is often seen as a problem that happens elsewhere, never close to us. This hegemonic narrative that exoticizes sex trafficking contributes to keeping the problem in the dark. Yet an estimated 200,000 people are forced into the sex trade ...


Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder May 2019

Public Authority And Private Prisons: How Private Prison Labor Contributes To National Employment Precarity, Kaitlyn Oder

International Political Economy Theses

Private uses of prison labor are illegal internationally, and not without reason. A lack of public oversight and regulations of wages mean that prison labor is often exploited in exchange for increased profitability for private prisons and sometimes the private companies they contract with. This paper will explicate the ways in which private uses of prison labor contribute to wage and employment precarity and ultimately cost numerous non incarcerated low wage individuals in the United States their jobs and livelihoods. It offers potential policy solutions and paths forward for new research to better link the sociological and economic considerations of ...


From The Voices Of Domestic Sex Trafficking Survivors: Experiences Of Complex Trauma & Posttraumatic Growth, Heather R. Evans Dsw May 2019

From The Voices Of Domestic Sex Trafficking Survivors: Experiences Of Complex Trauma & Posttraumatic Growth, Heather R. Evans Dsw

Doctorate in Social Work (DSW) Dissertations

Human sex trafficking is an ongoing global rights violation formally recognized since 2000 through the Trafficking Victims Protection Act (Department of State Trafficking in Persons Report, 2016). Using ecological and trauma-informed lenses, this qualitative, retrospective study used participant-centered methods to explore identity, sexuality, relationships, and factors that facilitate/ hindered community reintegration for 15 adult female survivors. Interview transcripts, Photovoice captioned images, and focus groups were analyzed using multi-level conceptual and thematic coding. Participants identified with all aspects of complex trauma, including: dissociation, self-perception/identity, relations with others and systems of meaning. Key themes included losing and regaining power, shame, and ...


Embryo Litigation : The Legal Categorization Of Embryos As Protected Humans Or Property, Caroline Koboska May 2019

Embryo Litigation : The Legal Categorization Of Embryos As Protected Humans Or Property, Caroline Koboska

Theses, Dissertations and Culminating Projects

This thesis explores the issue of the unknown legal status of frozen embryos in the United States. With an examination of the issue through the discipline of law, it becomes evident that the lack of legislation and guidance on the issue has left it a matter up to the states, rather than the federal government. Central to the issue is the history and laws of abortion in the United States that can help provide precedent. The thesis examines embryos in light of property law, contract law, and family law. Also included is a review of embryos through a second discipline ...


The Role Of Women In Terrorism, Zeynep Bayar May 2019

The Role Of Women In Terrorism, Zeynep Bayar

All Dissertations, Theses, and Capstone Projects

The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of ...


Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz Apr 2019

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to become more effective ...


Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo Apr 2019

Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The evolution of the concept of spiritual/religious wisdom (ḥikamt) by the Iranian Muslim philosophers from the 10th to 12th century, may be studied under three main trends namely Mashā’i (Peripatetic), Kalām (theology), and Ishrāq (Illumination). Despite the correlation among these trends each of them grew independently. Among the three, the Hikmat-i Ishrāq (Illumination Wisdom) which is also known as Ḥikamt-i Dhawqi (Intuitive Wisdom) of Shahab al-Din Suhrawardi (1153-1191) found a special place as it tended to bring together the philosophical and theological aspects of wisdom. This survey would address the development of ikmat (wisdom) among ...


Habeas Corpus In The Age Of Guantánamo, Cary Federman Apr 2019

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then ...


Comparing The Behavior Of Indigenous Tribes, States, And Foreign Sovereigns As Submitters Of Amicus Curiae Within The Supreme Court, Grace Murray Apr 2019

Comparing The Behavior Of Indigenous Tribes, States, And Foreign Sovereigns As Submitters Of Amicus Curiae Within The Supreme Court, Grace Murray

Undergraduate Honors Theses

Indigenous tribes, states, and foreign sovereigns possess different degrees of sovereignty outside the federal government yet frequently interact within the United States’ judicial system. In their presence in the Supreme Court, do indigenous tribes behave more like foreign sovereigns or more like states? I explore how each actor behaves as a submitter of amicus curiae briefs in order to compare the macro-level behavior of tribes, sovereigns, and states. I analyze the amicus brief submissions of these actors to all merits cases throughout the Roberts Court. My dataset is unique in the attention paid to the network of signees and entities ...


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom Apr 2019

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst Apr 2019

"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst

Undergraduate Honors Theses

A neutral evaluation of the modern death penalty, a fundamentally flawed institution, necessitates its invalidation. I analyze 428 death sentences and their appellate outcomes from Virginia, Texas, California, Pennsylvania, Colorado, and Wyoming, states which represent the gamut of capital punishment regimes in the United States. Employing a legal framework derived from the work of Justice Antonin Scalia—a lifelong and staunch supporter of the death penalty—I argue that the harmonious-reading canon and irreconcilability canons offer a neutral means for ending the American death penalty, and one which would be appropriate given the politicization of what is an irreversible punishment.


Between Hagiography And Wounded Attachment: Raphaël Lemkin And The Study Of Genocide, Benjamin Meiches, Jeff Benvenuto Apr 2019

Between Hagiography And Wounded Attachment: Raphaël Lemkin And The Study Of Genocide, Benjamin Meiches, Jeff Benvenuto

Genocide Studies and Prevention: An International Journal

In this article, we outline the significance of the special issue on the scholarship of Raphaël Lemkin. We argue that genocide scholars tend to identify with one of three different types of Lemkin scholarship. Each of the articles for the special issue challenges these genres in an effort to extend the study of genocide in new directions. Moreover, we contend that this work suggests that genocide scholars should endeavor to extend the study of genocide beyond Lemkin's vision and writings.


The Effect Of Knowledge On Attitudes Towards The Us Supreme Court, Harlee Havens Apr 2019

The Effect Of Knowledge On Attitudes Towards The Us Supreme Court, Harlee Havens

Honors College Capstone Experience/Thesis Projects

Knowledge regarding the judicial branch of the federal government, including the Supreme Court, is lacking in comparison to the two other branches. The Supreme Court generally receives better approval ratings than the executive and legislative branches of government. It is this relationship that I examine through a survey that measures knowledge and feelings of all three branches of government to assess if having more knowledge of the judicial branch has an impact on one’s feelings towards it. By measuring the knowledge of my respondents through a questionnaire that asked about information regarding, and functions of the US Supreme Court ...


International Justice: Bringing The World Home Through Social Justice, Gabriel Rubin Mar 2019

International Justice: Bringing The World Home Through Social Justice, Gabriel Rubin

Gabriel Rubin

As the head of my university’s new International Justice program, I am well placed to speak about the trials and tribulations of teaching students about global politics. Our program draws in Sociology, Justice Studies, and Political Science students. The overarching goal is to make students aware of international issues ranging from genocide and terrorism to international migration and global institutions through the lens of social justice. The social justice lens is particularly effective because it provides a reason for exploring global issues. These issues are not bloodlessly described in my courses with the hopes of extracting causal variables. Instead ...


Special Issue, December 2018 Jan 2019

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic Competition in Kosovo.

65 – 87 Saranda Leka and ...


[Review] Jacob Bull, Tora Holmberg And Cecilia Åsberg, Editors, Animal Places: Lively Cartographies Of Human-Animal Relations. Routledge, 2018. 276pp, Zoei Sutton Jan 2019

[Review] Jacob Bull, Tora Holmberg And Cecilia Åsberg, Editors, Animal Places: Lively Cartographies Of Human-Animal Relations. Routledge, 2018. 276pp, Zoei Sutton

Animal Studies Journal

It’s 2016 and rats are ‘taking over’ in Malmö, Sweden. Forced out of the sewers by flooding, the sight of usually-hidden rats now visible on streets and playgrounds (not to mention their dead bodies in the river) has humans calling for sanitation through eradication to ‘restore’ social order. In daring to exist ‘out of place’ in their search for food the rats ‘turn from tolerated, illegitimate, but invisible waste-workers, to ‘trash animals’ (1). This dramatic scene which opens Animal Places ‘shows how space, place and human-animal relations intersect, thereby producing diversity of effect, boundary work and political action’ (1 ...


Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru Jan 2019

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make ...


First Dog, Last Dog: New Intertextual Short Fictions About Canis Lupus Familiaris, A. Frances Johnson Jan 2019

First Dog, Last Dog: New Intertextual Short Fictions About Canis Lupus Familiaris, A. Frances Johnson

Animal Studies Journal

The double short story sequence ‘First Dog, Last Dog’ explores interdependencies between domesticated animals and humans. The first story, ‘The Death of the First Dog’, re-reads and quotes from Homer’s The Odyssey and the encounter between Odysseus and his aged hunting dog Argos. Its companion piece, ‘The Carrying’, is set in a speculative future. Exploiting qualities of the Borghesian fable, both tales are interspecies tales of love and loss. This work was read at the 2018 Melbourne Writers Festival ‘Animal Church’ event curated by Dr Laura McKay.


Life And Death With Horses: Gillian Mears’ Novel Foal’S Bread, Deborah Wardle Jan 2019

Life And Death With Horses: Gillian Mears’ Novel Foal’S Bread, Deborah Wardle

Animal Studies Journal

Gillian Mears’ novel Foal’s Bread (2011) invites an examination of horses in fiction, opening a platform for exploring the horse in Australian literature from a zoocritical perspective. This paper argues that writing horses into stories involves addressing, indeed flouting the ‘sin’ of anthropomorphism. The problems and paradoxes of ascribing subjectivity to fictional equine characters are discussed. The death of the main equine character, Magpie, is framed as a site of disregard, an example of human disconnection from the lives and deaths of animals. Using excerpts from the award-wining novel, Foal’s Bread, as well as examples from other equine ...


If Animals Could Talk: Reflection On The Dutch Party For Animals In Student Assignments, Helen Kopnina Jan 2019

If Animals Could Talk: Reflection On The Dutch Party For Animals In Student Assignments, Helen Kopnina

Animal Studies Journal

This article explores how concern about animal welfare and animal rights relates to ecological citizenship by discussing student assignments written about the Dutch Party for Animals or PvdD. ‘Animal welfare’, ‘animal rights’, and ‘ecological citizenship’ perspectives offer insights into strategic choices of eco-representatives and animal rights/welfare advocates as well as educators. The assignments balance animal issues with socio-economic ones, explore the relationship between sustainability and ethics, and attribute responsibility for unsustainable or unethical practices. Analysis of student assignments reveals nuanced positions on the anthropocentrism-ecocentrism continuum, showing students’ ability to critically rethink their place within larger environmental systems. Some students ...


Kaimangatanga: Maori Perspectives On Veganism And Plant-Based Kai, Kirsty Dunn Jan 2019

Kaimangatanga: Maori Perspectives On Veganism And Plant-Based Kai, Kirsty Dunn

Animal Studies Journal

In this paper – drawing from a range of food blogs and social media pages – I consider both the ways in which Māori writers discuss some of the barriers and cultural conflicts experienced within the realm of vegan ethics, as well as their perspectives on various facets of Te Ao Māori (the Māori world) such as kaitiakitanga (guardianship), hauora (holistic health and wellbeing), and rangatiratanga (sovereignty) which have influenced their attitudes and approaches towards veganism and plant-based diets. I argue that these diverse perspectives provide a valuable means of analysing and critiquing both the dominant ethics and attitudes which perpetuate the ...