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Articles 1 - 10 of 10

Full-Text Articles in Political Science

The History, Means, And Effects Of Structural Surveillance, Jeffrey L. Vagle Feb 2016

The History, Means, And Effects Of Structural Surveillance, Jeffrey L. Vagle

Faculty Scholarship at Penn Law

The focus on the technology of surveillance, while important, has had the unfortunate side effect of obscuring the study of surveillance generally, and tends to minimize the exploration of other, less technical means of surveillance that are both ubiquitous and self-reinforcing—what I refer to as structural surveillance— and their effects on marginalized and disenfranchised populations. This Article proposes a theoretical framework for the study of structural surveillance which will act as a foundation for follow-on research in its effects on political participation.


Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player Jan 2014

Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player

Faculty Scholarship at Penn Law

In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still, population-based analysis is not without its problems. At times, Parmet claims too much territory for the population perspective. Moreover, Parmet urges ...


Constitutional Courts, Alec Stone Sweet Dec 2011

Constitutional Courts, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet Dec 2010

All Things In Proportion? American Rights Doctrine And The Problem Of Balancing, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Constitutionalism, Rights, And Judicial Power, Alec Stone Sweet Dec 2010

Constitutionalism, Rights, And Judicial Power, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet Dec 2009

The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller Dec 2007

The Reception Of The Echr In National Legal Orders, Alec Stone Sweet, Helen Keller

Alec Stone Sweet

No abstract provided.


Proportionality Balancing And Global Constitutionalism, Alec Stone Sweet, Jud Mathews Dec 2007

Proportionality Balancing And Global Constitutionalism, Alec Stone Sweet, Jud Mathews

Alec Stone Sweet

No abstract provided.


State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan Dec 2002

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying ...


Constitutional Courts And Parliamentary Democracy (Special Issue On Delegation), Alec Stone Sweet Dec 2001

Constitutional Courts And Parliamentary Democracy (Special Issue On Delegation), Alec Stone Sweet

Alec Stone Sweet

No abstract provided.