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Full-Text Articles in Political Science

Constitutionalism And Democracy Dataset, Version 1.0, Todd A. Eisenstadt, Carl Levan, Tofigh Maboudi May 2017

Constitutionalism And Democracy Dataset, Version 1.0, Todd A. Eisenstadt, Carl Levan, Tofigh Maboudi

Political Science: Faculty Publications and Other Works

The main objective of the CDD is to quantify the process of constitution-making since 1974. This is the first public release of any data on the process of constitution-making. This release includes data on 144 national constitutions promulgated in 119 countries from 1974 to 2014. The unit of analysis in the data is national constitutions. The data in this release includes only “new” constitutions and does not include suspended, re-installed, amended, or interim constitutions. In this release, only countries with a population larger than 500,000 are included. The authors intend to update the data by including all countries, expanding ...


Black, White, & Blue: An Analysis Of Implicit Racial Bias & The Fourth Amendment In The Criminal Justice System, Michael A. Baugh Jan 2016

Black, White, & Blue: An Analysis Of Implicit Racial Bias & The Fourth Amendment In The Criminal Justice System, Michael A. Baugh

Political Science: Student Scholarship & Creative Works

Just two score and seven years ago, Dr. Martin Luther King, Jr. rose to leadership in a fight for racial justice and civil rights in America. As Dr. King famously remarked from the confines of a jail cell in Birmingham, Alabama, “injustice anywhere is a threat to justice everywhere.” Dr. King’s powerful words hold true today. Controversies, such as the deaths of Michael Brown, Tamir Rice, Freddie Gray, and Eric Garner at the hands of officers tasked to protect them, seems to indicate that while progress has been made since the days of Dr. King, racial prejudice and discrimination ...


Tackling The Question Of Legitimacy In Transitional Justice: Steve Biko And The Post-Apartheid Reconciliation Process In South Africa, Kaley L. Martin Jan 2015

Tackling The Question Of Legitimacy In Transitional Justice: Steve Biko And The Post-Apartheid Reconciliation Process In South Africa, Kaley L. Martin

CUREJ - College Undergraduate Research Electronic Journal

This thesis seeks to determine and understand the impact of the Steve Biko case on the effectiveness of the post-apartheid reconciliation process in South Africa. The Biko case in an example of a highly visible challenge to the South African government’s chosen method of post-apartheid reconciliation, as Biko’s own family did not believe in the process and fought elements of it from its inception.

Steve Biko was a noted anti-apartheid activist who founded the Black Consciousness movement, which advocated for black South Africans to be proud of their blackness. Biko died mysteriously and suddenly in police custody in ...


Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn Jan 2013

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the antebellum United States.


Theorizing American Freedom (Review Essay), Anthony O'Rourke Jan 2012

Theorizing American Freedom (Review Essay), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion ...


Bush V. Boumediene: The Court Is Back, Jay Dratler Jun 2008

Bush V. Boumediene: The Court Is Back, Jay Dratler

Akron Law Publications

This short article is a follow-up to a piece I wrote two years ago on Hamdan v. Rumsfeld, SSRN No. 913822. While applauding the result in Hamdan, I critiqued the Supreme Court for missing a “teachable moment” and obscuring the great issues at stake in prolixity and mind-numbing technical detail.

In this article, I applaud the Boumediene v. Bush Court not only for its result—that the Constitution’s Suspension Clause can require habeas corpus for aliens held abroad under certain circumstances—but for its reasoning and style as well. This time, the majority of five did not miss its ...


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.


Tom Delay: Popular Constitutionalist?, Neal Devins Jul 2006

Tom Delay: Popular Constitutionalist?, Neal Devins

Faculty Publications

No abstract provided.


Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank Jan 2006

Alternative Career Resolution Ii: Changing The Tenure Of Supreme Court Justices, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Is Suspension A Political Question, Amanda L. Tyler Jan 2006

Is Suspension A Political Question, Amanda L. Tyler

Faculty Scholarship

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer Jan 2005

Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer Sep 2004

Watching The Watchers: Surveillance, Transparency, And Political Freedom In The War On Terror, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 1997

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such ...


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.