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Full-Text Articles in Political Science

President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser Apr 2019

President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser

Honors Theses, University of Nebraska-Lincoln

President Trump has become immersed in civil litigation since announcing his candidacy for the United States presidency. These lawsuits, which include assertions of presidential immunity under state jurisdiction and claims of constitutional violations under the Emoluments Clauses, present unique legal concerns that have never been challenged in the Supreme Court. Precedent shows that the president has never been exempt from the judicial process for his unofficial actions, although this may have led to unforeseen consequences. An evaluation of the history of the Emoluments Clauses leads to the conclusion that the Framers wanted to prevent outside influence on the United States ...


Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson Mar 2019

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal ...


Constraint And Control, Patricia Ayres Feb 2019

Constraint And Control, Patricia Ayres

School of Arts & Sciences Theses

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein Jan 2019

Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein

Honors Theses

This paper investigates the role of gender on law clerks from the federal appellate clerks. There has been significant scholarship on the importance of the gender of judges and on the role and influence of law clerks; however, to this date there has been no analysis of how the gender of law clerks may or may not influence the clerkship experience. This honors thesis seeks to address that question and shed light on important aspects of the federal judiciary and the legal profession. I have approached this inquiry through descriptive and qualitative analysis, focusing on law clerks from this millennium ...


How Asylum Policy In France Contributes To A Gap In Perceptions Between French Nationals And Asylees, Caitlin Chenus Jan 2019

How Asylum Policy In France Contributes To A Gap In Perceptions Between French Nationals And Asylees, Caitlin Chenus

Honors Theses at the University of Iowa

Abstract

Asylum seekers in France are suffering both socially and economically due to a legal structure in place that blocks them from obtaining work during the first six months of their asylum claim processing. Interviews conducted during the summer of 2018 with French nationals, refugees and asylum seekers indicates that if asylum seekers were granted access to work after one month or less, negative attitudes between migrants and French nationals would be drastically reduced.

The six month timeline is new. Until September 10th, 2018, asylum seekers had to wait nine months before being allowed to search for work. If lawmakers ...


Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh Jan 2019

Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh

Honors Undergraduate Theses

The emergence of digital currency is becoming prevalent in the age of globalization – specifically, cryptocurrencies. Cryptocurrencies and blockchain are two recently discovered concepts currently being explored by researchers and developers. Cryptocurrency is a subset of digital currency that encompasses revolutionary technology, shifting political and economic spheres in nation-states. Certain governments are more prone to the adoption of cryptocurrencies and three comparative case study countries, Iran, Russia, and Venezuela, have shared attributes that result in adoption. Observed factors that result in the adoption of cryptocurrencies include corruption, GDP level, economic volatility, and Western sanctions. These factors will be applied in the ...


Sexual Mutilation Of Muslim Girls, Today In The United States, Robert Brannon Jan 2019

Sexual Mutilation Of Muslim Girls, Today In The United States, Robert Brannon

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao Jun 2018

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years ...


Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger Jun 2018

Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

According to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to ...


Flap Of A Butterfly's Wings, Gary E. Rotter Ii Jan 2018

Flap Of A Butterfly's Wings, Gary E. Rotter Ii

Dissertations and Theses

The goal of this thesis is to draw attention to the often overlooked work that is done by activists and their networks when it comes to influencing international policy and law. The case study looks at the “Comfort Women” issue, an unresolved conflict from when the Japanese Imperial Army forced women from its colonies into sexual slavery during World War II. It is a fiercely debated topic throughout Asia, specifically between South Korea and Japan. Here I argue that not only do non-state actors have great influence over the debate and direction this issue takes in international forums, but that ...


Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews Aug 2017

Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews

Theses and Dissertations

State supreme courts are autonomous institutions with significant power. Yet, despite this authority, state supreme courts routinely rely on one another to explain why and how they reached their decisions. This puzzle of why state supreme courts cite each other in their opinions led me to pose two questions. First, under what conditions do state supreme courts cite other states supreme courts? And second, to whom do they turn for guidance? To answer these questions, I propose a new theory for evaluating state supreme court citations, the social learning model. I borrow policy diffusion’s learning mechanism and I pair ...


Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi Apr 2017

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus ...


Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes Mar 2017

Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes

CUREJ - College Undergraduate Research Electronic Journal

Despite graduating from top law schools and getting hired as associates at competitive law firms at the same rate as men, women are still disproportionately underrepresented in partnership positions in Big Law. This paper investigates supply-side and demand-side explanations for this phenomenon. Through interview-based research and a survey of 437 attorneys, I identify the major contributing factors to this persistent gender gap. My research shows that while women are taking on more at home with regard to childcare and housework than their male colleagues, they are not significantly more interested than men in leaving large law firms despite extant scholarship ...


Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner Jan 2017

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division ...


University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr. Oct 2016

University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.


Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect ...


Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman Jun 2016

Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman

Chad M. Bauman

As a secular democracy, India’s constitution enshrines relatively robust safeguards for religious equality and freedom. Article 25 provides all citizens the right to “freely profess, practice, and propagate” religion, and avoids assigning to Hinduism any special role or explicit privilege (in contradistinction to the situation with Buddhism in Sri Lanka, for example). Moreover, the Indian government itself has not generally engaged in any systematic or flagrant way in the direct persecution or oppression of its religious minorities.
However, India’s religious minorities do face certain challenges. Among them are several legal and judicial issues. Judicial rulings in independent India ...


Learning From Trayvon: Lessons And Implications For Police Organizations And Leaders, Megan Lepere-Schloop, Joseph H. Lumpkin Chief Of Police May 2016

Learning From Trayvon: Lessons And Implications For Police Organizations And Leaders, Megan Lepere-Schloop, Joseph H. Lumpkin Chief Of Police

Journal of Public Management & Social Policy

Critical incidents like the Martin-Zimmerman encounter prompt us to examine not only the specifics of a particular episode, but also broader questions that hopefully illuminate a path leading to meaningful change. This reflective piece draws on the professional experiences of a highly effective and respected African-American Police Chief to examine some of these broader questions. Chief Joseph H. Lumpkin is a 43-year law enforcement veteran who was recently appointed Chief of the Savannah-Chatham Metropolitan Police Department in Georgia. Before moving to Savannah he served as Chief of the Athens-Clarke County Police Department, an agency that solves violent crimes at a ...


Democratization In The Arab World: A Moroccan Case Study Of Culture, Religion, And Governance, Marwah Al-Jilani Apr 2016

Democratization In The Arab World: A Moroccan Case Study Of Culture, Religion, And Governance, Marwah Al-Jilani

Independent Study Project (ISP) Collection

Democracy and Islam are generally assumed as incompatible, which leads to further assumptions towards the notion that democracy in Muslim majority states can not be reconciled. The presence of a religious political culture appears as the main hindrance for sound democratic structures. However, it appears that the absence stems from other prominent factors. This paper extends the rhetoric that Islam and democracy can be compatible and a lack of democracy is dependent on specific authoritarian structures. Morocco, a Muslim majority state that is going through democratization offers data to gauge whether or not democratic practice is present within the general ...


Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann Feb 2016

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann

John Hermann

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.


Associate Justice William O. Douglas, John Hermann Feb 2016

Associate Justice William O. Douglas, John Hermann

John Hermann

No abstract provided.


Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon Feb 2016

Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon

All Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding ...


Epicurean Justice And Law, Jan Maximilian Robitzsch Jan 2016

Epicurean Justice And Law, Jan Maximilian Robitzsch

Publicly Accessible Penn Dissertations

This dissertation concerns a cluster of related issues surrounding the Epicurean conception of justice. First, I show that the Epicureans defend a sophisticated kind of social contract theory and maintain a kind of legal positivism, views that are widely held today and so are of continuing interest for contemporary readers. In doing so, I argue that thinking about justice and law forms an integral part of Epicurean philosophy (pace the standard view). Second, I take up some neglected issues regarding justice and so provide detailed accounts of the metaphysics of moral properties in Epicureanism as well as of Epicurean moral ...


Rule Of Law, Human Rights, And Racial Plurality In Contemporary Malaysian Society, Bryan Ji Yang Leong Jan 2016

Rule Of Law, Human Rights, And Racial Plurality In Contemporary Malaysian Society, Bryan Ji Yang Leong

Honors Projects and Presentations: Undergraduate

What are the prospects for a robust Malaysian democracy?On 3 December 2015,the Malaysian Parliament approved a security law allowing for the strengthening of its National Security Council. The passing of this bill will allow Malaysia’s premier to declare a state of emergency without royal consent. The Prime Minister can order lockdowns, curfews, and unwarranted searches and seizures of selected areas for up to six months—a duration renewable at his discretion. Prime Minister Najib Razak provided the rationale that such legislation is necessary to prevent terrorist attacks, but opposition leaders and civil rights NGOs disagree—the Malaysian ...


The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as ...


Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño Dec 2015

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society ...


Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova Jun 2015

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


Managing Political And Investment Risk In The International Oil And Gas Industry, Steven Alfred Mucci May 2015

Managing Political And Investment Risk In The International Oil And Gas Industry, Steven Alfred Mucci

Dissertations

The effectiveness with which political and investment risk are managed in the oil and gas industry are important for several reasons. First, oil and gas are essential for sustaining current economic activity and promoting economic growth. Second, the balance between supply and demand determines the price of oil and gas. Therefore the price and availability of oil and natural gas are also matters of national security. Third, the search for a secure supply of oil and gas affects the political, military and economic relations between countries. This study addresses four questions. What institutions and strategies are available for managing political ...


Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia May 2015

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India ...


Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul Apr 2015

Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul

Political Science Honors Projects

The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.