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Provocation As Partial Justification And Partial Excuse, Mitchell N. Berman 2011 University of Pennsylvania Law School

Provocation As Partial Justification And Partial Excuse, Mitchell N. Berman

Faculty Scholarship at Penn Law

The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and ...


Litigation And Democracy: Restoring A Realistic Prospect Of Trial, Stephen B. Burbank, Stephen N. Subrin 2011 University of Pennsylvania Law School

Litigation And Democracy: Restoring A Realistic Prospect Of Trial, Stephen B. Burbank, Stephen N. Subrin

Faculty Scholarship at Penn Law

In this essay we review some of the evidence confirming, and some of the reasons underlying, the phenomenon of the vanishing trial in federal civil cases and examine some of the costs of that phenomenon for democratic values, including in particular democratic values represented by the right to a jury trial under the Seventh Amendment. We discuss the Supreme Court’s recent pleading decisions in Twombly and Iqbal as examples of procedural attacks on democracy in four dimensions: (1) they put the right to jury trial in jeopardy; (2) they undercut the effectiveness of congressional statutes designed to compensate citizens ...


Military Entrepreneurs: Patterns In Latin America, Kristina Mani 2011 Oberlin College

Military Entrepreneurs: Patterns In Latin America, Kristina Mani

Faculty & Staff Scholarship

Despite the recent shift to democratic regimes and market-based economies, in many Latin American countries the military retains important economic roles as owner, manager, and stakeholder in economic enterprises. Such military entrepreneurship poses a challenge to the development of democratic civil-military relations and, by extension, to the development of liberal democracy in the region. While scholars have noted this situation with concern, they have given little attention to distinguishing the different types of military entrepreneurship, which reflect distinct historical patterns and implications. This article identifies two major types of military entrepreneurs in Latin America: industrializers, determined to build national defense ...


Transferability Of Child Labor Norms: Examining The Link Between Foreign Direct Investment And Child Labor Practices In Developing Countries, Ijtsuri Anayantzin Viveros 2011 University of Texas at El Paso

Transferability Of Child Labor Norms: Examining The Link Between Foreign Direct Investment And Child Labor Practices In Developing Countries, Ijtsuri Anayantzin Viveros

Open Access Theses & Dissertations

Why do child labor norms often fail to be transferred or enforced in developing countries even if the implementation of such norms already proved to have substantially reduced child labor practices in developed regions? In the field of international political economy, a number of studies examine how international trade in general and foreign direct investment (FDI, hereafter) in particular influence economic growth, income equality, and balance of trade in developed and developing countries. Extending the literature on international trade and investment, this thesis examines the relationship between FDI and child labor practices in developing countries.

Specifically, I investigate whether and ...


The Existence, Perpetuity, And Proliferation Of Payday Loans: Impact On Vulnerable Populatons And The Regulatory Policy Process In Texas, Azuri Lizeth Gonzalez 2011 University of Texas at El Paso

The Existence, Perpetuity, And Proliferation Of Payday Loans: Impact On Vulnerable Populatons And The Regulatory Policy Process In Texas, Azuri Lizeth Gonzalez

Open Access Theses & Dissertations

If you have ever driven by a street, typically not in a very wealthy neighborhood, where a store front displayed signs with words like "Instant cash!," "No Credit Check," "First loan free," then you likely witnessed the marketing of a product called a payday loan. Payday loans are a form of a short-term loan product that is usually grouped with other loan products within the subprime lending industry, alternative financial resources, or fringe economy markets. This loan product has been the focus of a number of controversial debates among consumer protection groups, financial institutions, state regulatory entities, and legislators, regarding ...


Political Socialization Through Education As A Form Of State Building, Aldo Lopez 2011 University of Texas at El Paso

Political Socialization Through Education As A Form Of State Building, Aldo Lopez

Open Access Theses & Dissertations

The objective of this study is to observe the effect of political socialization through education as a tool for state building in three case studies. A background into the topics of political socialization and civic education is made. Civic education theory is applied to the state building experiences of Croatia, Slovenia and Bosnia and Herzegovina. After a qualitative review of the data available, findings are presented and discussed. Further commentary of the impact of such studies within the field of political socialization is also discussed.


Gay-Marriage In 2004 U.S. Presidential Election, James Dunphy 2011 Louisiana State University and Agricultural and Mechanical College

Gay-Marriage In 2004 U.S. Presidential Election, James Dunphy

LSU Master's Theses

This thesis looks at the factors that affected individual turnout and vote choice in the 2004 U.S. presidential election. Regarding the outcome of the election, a point of dispute among scholars pertains to whether evangelical Christians played a meaningful role in helping re-elect then-President Bush to a second term in 2004. The gay-marriage issue played a prominent role in the presidential campaign, due in part to a ruling the Massachusetts Supreme Court rendered in November 2003 that legalized the marrying of same-sex couples within the state’s borders. The Court’s decision had a reverberating effect, particularly among evangelicals ...


An Interactive Assessment Of Democracy: Economic And Cultural Determinants Of Democratic Development, Won Ha Reyes Gonzalez 2011 University of Texas at El Paso

An Interactive Assessment Of Democracy: Economic And Cultural Determinants Of Democratic Development, Won Ha Reyes Gonzalez

Open Access Theses & Dissertations

As democracy has become a popular form of governance, questions as to how to best develop democracies have been raised. Theories based on economic and cultural development have separately provided the academic community with interesting findings. However, theories based on economic determinants and cultural determinants give results that do not answer the question of how to develop democracies in a thoroughly satisfying manner, when approaching the question separately. This thesis tests the two methods separately and then integrates the two methods using interaction terms. By doing this we can see if economic development leads to democratic development, if cultural development ...


The Global War On Terror: Who Wins, Who Loses?, G. Simon Harak S.J. 2011 Marquette University

The Global War On Terror: Who Wins, Who Loses?, G. Simon Harak S.J.

Theology Faculty Research and Publications

No abstract provided.


Responses To The Ten Questions, Aziz Rana 2011 Cornell Law School

Responses To The Ten Questions, Aziz Rana

Cornell Law Faculty Publications

This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.


Interjurisdictional Property Rights Discrimination And Civil War: Antebellum America, Jeremy Ziemer 2011 Iowa State University

Interjurisdictional Property Rights Discrimination And Civil War: Antebellum America, Jeremy Ziemer

Graduate Theses and Dissertations

The purpose of this paper is to understand whether interjurisdictional property rights discrimination may be an impetus for civil war. I begin with an overview of literature on property rights, property rights regimes, and property rights discrimination. I then discuss the concepts of interjurisdictional and intrajurisdictional property rights discrimination. I suggest my theory that interjurisdictional property rights discrimination creates costs for discrimination losers from other jurisdictions. These costs affect expectations regarding relative gains, which may lead to discontent and transjurisdictional political violence.

For empirical analysis, I analyze the jurisdictionally bifurcated property rights regime regarding slavery that existed between free and ...


Collective Action And Social Protest In Israel, Elizabeth Elwakeil 2011 Iowa State University

Collective Action And Social Protest In Israel, Elizabeth Elwakeil

Graduate Theses and Dissertations

This paper examines two separate social movements in the state of Israel. These two groups have a common overall goal: the survival and security of the state of Israel. The messages and strategies of each group, however, are polar opposites: Gush Emunim's mission is to acquire more land and expand the borders of Israel; Peace Now's objective is to withdraw from occupied Palestinian territory. The purpose of this study is to determine why Peace Now has failed to achieve its goals while Gush Emunim has largely accomplished its objectives. I find that the political culture of a given ...


A Situational Analysis Of Human Rights And Cultural Effects On Gender Justice For Girls, David Kenneth Waldman 2011 Walden University

A Situational Analysis Of Human Rights And Cultural Effects On Gender Justice For Girls, David Kenneth Waldman

Walden Dissertations and Doctoral Studies

Evidence suggests that despite repeated mandates by the United Nations (UN) for gender equality, local gender justice for girls has been elusive. Conceptually drawn from Merry's human rights-cultural particularism dissonance and Sen's comparative justice theories, the purpose of this grounded theory study, supported by Clarke's situational analysis, was to investigate how local religious and cultural practices impedes a gender equality outcome for girls. The primary research question involved identifying characteristics and situations of actors who focused solely on gender, culture, and human rights issues at the international and national level. A qualitative research design was used in ...


Relationships Between Political Competition And Socioeconomic Status In The United States, Trevor K. Smith 2011 Walden University

Relationships Between Political Competition And Socioeconomic Status In The United States, Trevor K. Smith

Walden Dissertations and Doctoral Studies

Over the past 30 years there has been an increase in socioeconomic inequities between Black and White persons in the United States. Some research suggests that political ideology, which in turn impacts political competition levels, may at least partially explain these disparities, though the body of academic literature in this area is sparse. Little is known about how Black political ideology is formed by perceptions of inequality. The purpose of this study was to examine the phenomenon of Black political ideology, political competition, and socioeconomic status to determine how political competition relates to social inequities between Blacks and Whites. The ...


Grounded Labels From The Behavioral International Economic Development Growth Path Model On Economic Development Patterns From 2002-2012, Kenneth Thomas Davis 2011 Walden University

Grounded Labels From The Behavioral International Economic Development Growth Path Model On Economic Development Patterns From 2002-2012, Kenneth Thomas Davis

Walden Dissertations and Doctoral Studies

Economic models generally fail to adequately measure positive and negative growth paths in development through agrarian, industry, and service economies. The purpose of this grounded theory study was to design a new model that could accommodate both directions of growth and better measure development paths with particular attention to labors contributions. The theoretical foundation for this study was Walt Whitman Rostow's 5 economic stages of growth classifications. This Study attempted to find the most common economic growth path. While most development models use three to five classifications, this study used nine new classifications giving it a unique and specific ...


Rights, Needs, And The Creation Of Ethical Community, Natalie Susan Gaines 2011 Louisiana State University and Agricultural and Mechanical College

Rights, Needs, And The Creation Of Ethical Community, Natalie Susan Gaines

LSU Doctoral Dissertations

Despite a half-century of dominance by the rights discourse, the supremacy of rights in theories of human obligation has recently come under attack from political theorists. Though scholars have questioned the ability of rights to explain satisfactorily the responsibility we have for the well-being of others, there are few viable alternatives offered. In this dissertation, I argue that a theory of needs provides a better explanation of the intellectual and moral foundations of obligation. Human need is deeply rooted in subjective potentiality, but studies in human psychology have also provided an increasingly universal picture of the needs human beings experience ...


“I Would Feel Uncomfortable If My Child’S Teacher Were Gay”: Examining The Role Of Symbolic Homophobia And Political Affiliation, Michael Moore, Amy C. Moors 2011 University of Michigan

“I Would Feel Uncomfortable If My Child’S Teacher Were Gay”: Examining The Role Of Symbolic Homophobia And Political Affiliation, Michael Moore, Amy C. Moors

Psychology Faculty Articles and Research

Symbolic homophobia is a general negative disposition towards lesbian, gay, and bisexual individuals, which is demonstrated in symbolic forms of prejudice rather than overt actions. Stigma towards lesbian, gay, and bisexual (LGB) individuals has transformed from overt forms of prejudice to slightly less blatant more subtle forms in recent years (Schafer & Shaw, 2009). Based on previous research, it is has also been shown that conservatives will have higher levels of symbolic homophobia. (Linneman, 2004), Thus, in order to assess the more nuanced forms of prejudice in relation to political affiliation, Study 1 created a scale to assess symbolic homophobia. In ...


Obama's Giant Leap For Mankind: Exploration Through The Public And Private Space Programs, Megan M. Fiddelke 2011 Iowa State University

Obama's Giant Leap For Mankind: Exploration Through The Public And Private Space Programs, Megan M. Fiddelke

Graduate Theses and Dissertations

This paper serves as a defense of the space policy of the Obama Administration. Contrary to what critics have claimed about the new policy, the space policy of the Obama Administration does not abandon exploration any more than it abandons commerce; in fact, it expands both, by removing the need for immediate material gains from NASA to the private sector, allowing NASA to expand its reach to encompass innovation and discovery. Basing this argument on the classic notions of what is political and public, and equating these with exploration, this paper analyzes the transition from the exploratory orientation of the ...


Threat, Violence, And Voters: Race And Context In The 2008 Presidential Election, Matthew Fowler 2011 Louisiana State University and Agricultural and Mechanical College

Threat, Violence, And Voters: Race And Context In The 2008 Presidential Election, Matthew Fowler

LSU Master's Theses

The 2008 Presidential Election brought into office the first African-American president in U.S. history. This paper analyzes variations in White support for Barack Obama based on a number of county-level contextual factors, which are hypothesized to influence aggregate White voter support for the Democratic candidate. Based on the well-known racial threat theory, this paper will explore how racial composition and income inequality effect White support for Barack Obama. Another key explanatory variable, violence, is thought to influence White voter support because of the preconceptions some of these voters hold about African-Americans. Violence helps shape the stereotypes White voters hold ...


Slavery And Abortion: The Paradox Of American Liberalism, Mark A. Ladd 2011 Wayne State University

Slavery And Abortion: The Paradox Of American Liberalism, Mark A. Ladd

Wayne State University Dissertations

Louis Hartz proposed that America possesses a liberal tradition that works toward a Lockean equality for all people. I argue that Hartzs' theory is still applicable to America even though illiberal institutions have and do exist. My contention is that it is the paradox of liberalism that allows for this. Slavery is the quintessential illiberal institution, yet liberal concepts allowed it to exist in America for over 200 years. It is my contention that abortion is another illiberal institution that is being promoted by the paradox of liberalism. With the use of John Rawls theory of distributive justice abortion can ...


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