Digital Commons Network^™

Split Definitive, Lawrence Baum, Neal Devins

Neal E. Devins

For the first time in a century, the Supreme Court is divided solely by political party.

Romney And Huntsman: Two Answers To The 'Mormon Question', Nathan B. Oman

Nathan B. Oman

No abstract provided.

Prosperity Versus Equality At The Polls, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Without Compromise, Fixing Deficit Is A Fairy Tale, Nathan B. Oman

Nathan Oman

No abstract provided.

The Mormon Plot That Wasn't, Nathan B. Oman

Nathan B. Oman

No abstract provided.

The End Of The Great Fiscal Compromise, Nathan B. Oman

Nathan B. Oman

No abstract provided.

The Misunderstood Alliance: Defining The American And Pakistani Relationship, Zachary Joseph Shapiro

Joseph I Shapiro MD

Senior Project submitted to The Division of Social Studies of Bard College.

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Bruce Ledewitz

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …

Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek

Calvin J TerBeek

Ian Haney Lopez’s new book, "Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class", has a provocative thesis. Lopez contends that dog-whistling, that is, coded racial rhetoric, “explains how politicians backed by concentrated wealth manipulate racial appeals to win elections and also to win support for regressive policies that help corporations and the super-rich, and in the process wreck the middle class." Though this may seem plausible enough, the thesis cannot stand up to scrutiny; the relevant political science literature provides no support for this. What is more, Lopez's treatment of the Supreme Court's …

“(Un)Conventional Wisdom And Presidential Politics: The Myth Of Convention Bumps And Favorite Son Vice-Presidents”, David A. Schultz

David A Schultz

Conventional wisdom pervades US presidential politics. Among "old politicians' tales" are that a political party's placement of a national convention in a state can affecting presidential voting there, swinging or flipping it to its presidential candidate. Second, that the selection of a vice-presidential candidate as a favorite son (or daughter) will deliver a state's electoral votes to a presidential ticket. This article examines the placement of national party conventions and selection of vice-presidential candidates for Democratic and Republican Parties since 1948. It finds that presidential candidates do not earn a state bump or advantage by either locating a national convention …

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …

An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr

David C Taylor Jr

This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …

Race, Colorblindness And Equality In Recent Supreme Court Jurisprudence: Assessing An Evolving Standard, Steven V. Mazie

Steven V. Mazie

This essay weighs the merits of the ascendant interpretation of the Equal Protection Clause of the 14th Amendment: a colorblind reading of equality that received a boost in the Court’s Ricci v. DeStefano decision of 2009. In Ricci, the Court concluded that the City of New Haven had acted illegally when it scrapped a promotion exam for firefighters on which whites had vastly outperformed black and Hispanic candidates. The article opens by surveying the major twists and turns of the Supreme Court’s view of racial classifications since the 14th Amendment was adopted in 1868. It updates that history through an …

Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz

David A Schultz

Assertions of presidential supremacy and power in affairs often invoke history, including events during the administration of George Washington, to defend their assertions. This article raises some questions regarding what we can learn from history for constitutional argument. It concedes generally that historical facts can support or buttress constitution argument, but more specifically it contends that acts undertaken by George Washington are problematic assertions for presidential power, especially those that assert “supremacist” or broad if not exclusive claims for presidential foreign policy authority. To do that, this article first describes how history is employed as constitutional argument for presidential power. …

Sex V. Race, Again, Tracy A. Thomas

Tracy A. Thomas

In this book, feminists speak out on race and gender in the 2008 presidential campaign. Who should be first? With Barack Obama and Hillary Clinton as frontrunners, the 2008 Democratic primary campaign was a watershed moment in U.S. history. Offering the choice of an African American man or a white woman as the next Democratic candidate for president, the primary marked an unprecedented moment—but one that painfully echoed previous struggles for progressive change that pitted race and gender against each other. Who Should Be First? collects key feminist voices that challenge the instances of racism and sexism during the presidential …

Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd

Richard W Hurd

[Excerpt] But the increased effectiveness of labor's political activities has not resulted in major improvements legislatively, and now there is a hostile President who opposes nearly every aspect of the union policy agenda. The promise for the future lies in the demonstrated ability to mobilize at the grassroots. But there are recent signs that national unions are breaking ranks and pursuing narrow self interest. The USWA joined with the steel industry to persuade the Bush administration to restrict imports, and even hinted at a possible endorsement for his reelection in 2004 (Murray). The UMWA has praised the president's energy policy, …

'Rally Round The Flag’ Events For Presidential Approval Research, Brian Newman, Andrew Forcehimes

Brian Newman

Since Mueller's [Mueller, J., 1970. Presidential popularity from Truman to Johnson. The American Political Science Review 64 (1), 18-34.] pioneering study, students of presidential approval ratings have agreed that major events affect these ratings. Despite this consensus, there is wide divergence in the ways that scholars have selected events for inclusion in models of approval ratings. This inconsistency inhibits direct comparisons across studies and raises the possibility that results are contingent on those selection criteria. Thus, what we have learned about the impact of various factors that may affect approval may depend on the details of selection criteria. Practically, scholars …

Public Responses To Health Disparities: How Group Cues Structure Support For Government Intervention, Elizabeth Rigby, Joe Soss, Bridget Booske, Angela Rohan, Stephanie Roberts

Elizabeth Rigby

OBJECTIVE. To examine whether public support for government intervention to address health disparities varies when disparities are framed in terms of different social groups. METHOD. A survey experiment was embedded in a public opinion poll of Wisconsin adults. Respondents were randomly assigned to answer questions about either racial, economic, or education disparities in health. Ordered logit regression analyses examine differences across experimental conditions in support for government intervention to address health disparities. RESULTSs. Health disparities between economic groups received the broadest support for government intervention, while racial disparities in health received the least support for government intervention. These differences were …

Remapping A Nation Without States: Personalized Full Representation For California’S 21st Century, Mark Paul, Micah Weinberg

Mark Paul

California is a state of many distinct regions. To give citizens a voice on regional issues and to reinvigorate California’s Legislature, the state’s central institution of self-government, we propose Personalized Full Representation for the 21st Century (PFR21), a system of representation by means of regionally based legislative elections that will allow the state’s citizens to set the agenda for their regions and for the state as a whole. By reshaping the stage on which legisla- tive politics is played out, California can make state govern- ment more attentive to regional issues and give its citizens a means of holding elected …

Are Voters Better Represented?, Brian Newman, John D. Griffin

Brian Newman

Studies of political participation and representation often contend that elected officials respond more to the preferences of voters than those of nonvoters, but seldom test this claim. This is a critical assumption because if true, biases in who participates will lead to biased representation. Office holders might respond disproportionately to voters’ preferences because voters tend to select like-minded representatives, voters tend to communicate their preferences more, and only voters can reelect representatives. We find that voter preferences predict the aggregate roll-call behavior of Senators while nonvoter preferences do not. We also present evidence supporting the three explanations advanced to account …

The Opacity Of Transparency, Mark Fenster

Mark Fenster

Presidential Traits And Job Approval: Some Aggregate-Level Evidence., Brian Newman

Brian Newman

In a previous article in this journal, Cohen (2001) introduced time series measures of public perceptions of Bill Clinton's personal characteristics. Here, I explore the political impact of these perceptions, asking whether they affect the public's evaluations of presidential job performance. I find that they do, adding aggregate-level support to existing individual-level evidence of the importance of character assessments. Finding a connection between character perceptions and job approval in the aggregate time series context helps answer questions previous studies leave unresolved, with significant implications for our understanding of presidential approval and presidential politics more generally. [First paragraph]

Fdr To Clinton, Mueller To ?: A Field Essay On Presidential Approval, Brian Newman, Paul Gronke

Brian Newman

Since the 1930s, polling organizations have asked Americans whether they "approve or disapprove of the job [the incumbent] is doing as president." In the early 1970s, John Mueller started an academic industry by asking what drives these evaluations. American politics and the tools available to examine it have changed dramatically since then, inspiring a burst of research on presidential approval in the 1990s. We review this new body of literature, arguing that it builds on but differs importantly from earlier approval studies. Since Mueller's writing, scholars have expanded his relatively simple model, taking account of presidents' goals and personal characteristics, …

I Don't Know, Philip E. Graves

PHILIP E GRAVES

This is a non-fiction novel, titled I Don't Know. I is in three parts, the first economic (which will seem "liberal" to most), the second political (which will seem "conservative" to most), and the third theological (which will seem weird to most). I think you will find it a fun read, and feel free to distribute it at will.

Bill Clinton’S Approval Ratings: The More Things Change, The More They Stay The Same, Brian Newman

Brian Newman

Over the past three decades, political scientists have been developing general models of presidential approval ratings, seeking to determine the structure of aggregate approval. This endeavor has culminated in the broad claim that "peace, prosperity, and probity" drive the public's approval. The unprecedented events of the Clinton Presidency, especially his high approval during and after impeachment, present a strong challenge to this model. However, the existing model explains Clinton's approval remarkably well, suggesting that the public punished and rewarded him for the state of the economy, major political events, and his integrity. Passing this strong test constitutes considerable support for …

Buffalo Beat Op-Eds, Michael Lewyn

Michael E Lewyn