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Signed, Sealed, Delivered, And ?: The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States., Alexandra R. Harrington

ExpressO

Abstract: Signed, Sealed, Delivered, and ?: The Correlation Between Policy areas, Signing, and Legal Ratification of Organization of American States’ Treaties by Member States.

Like any organization, the Organization of American States’ ability to affect lasting policy changes through treaties is only as strong as the will of the federal legislative bodies of its member states. No matter how lofty or well-meaning the OAS’s goals in any area or matter addressed by a treaty, or the number of OAS member states which sign onto a treaty reflecting these goals, under the OAS Charter, and the federal constitutions of most member …

The Un: A Situation Report, Benjamin Zawacki

ExpressO

The UN: A Situation Report is a review of two recent books on the past, present, and future of the UN; in short, of its relevance in a changing and uni-polar world at the end of Kofi Annan’s two terms as Secretary-General. The books’ focus is both on the organization’s successes and failures, and its efforts at self-reform in the face of near-constant criticism. They are reviewed as individually divergent in quality but as a formidable “situation report” when read in tandem. Paul Kennedy’s The Parliament of Man, save for its first of three parts, is generally criticized for its …

Stuart Chase And Red Scare #2, 1946-1954, Richard Vangermeersch

Special Collections (Miscellaneous)

I have written an academic piece, “The Marking of Stuart Chase As a ‘Red Accountant’--An Epic (1917-1921)” on Stuart Chase (SC) and Red Scare #1, 1917-1921. The current piece is a much more casual type writing and, hopefully, will be a part of the SC website. My purpose in this piece is to illustrate how SC was smeared in the Reece Committee Report of 1954 without any possibility of retort before the Committee. This piece might inspire a much more academic work on the Reece Committee--a rich topic indeed. This piece also shows that SC was a marked man by …

The Marking Of Stuart Chase As A "Red Accountant" - An Epic (1917-1921), Richard Vangermeersch

Special Collections (Miscellaneous)

There has been recent scholarship by Bradley and Merino (1994) and Vangermeersch (2005) on this event and the subsequent eventual firing of Stuart Chase by the FTC. Bradley and Merino’s scholarship was limited to 1918 and 1919. Vangermeersch’s scholarship was limited to two narrow time periods (Oct. 20, 1919 and then from June 1920 to mid January 1921). This piece is written to extend the time frame from early 1917 through August of 1921. This piece, not only takes a broader time period, also broadens the scope of the prior scholarship. This piece examines many documents, articles, and testimony not …

Junius And Joseph: Presidential Politics And The Assassination Of The First Mormon Prophet. By Robert S. Wicks And Fred R. Foister, Susan Sessions Rugh

BYU Studies Quarterly

Robert S. Wicks and Fred R. Foister. Junius and Joseph: Presidential Politics and the Assassination of the First Mormon Prophet. Logan, Utah: Utah State University Press, 2005.

La Représentation Du Politique Dans La Littérature Gabonaise, Jean René Ovono Mendame

Présence Francophone: Revue internationale de langue et de littérature

From which viewpoint do Gabonese writers relate to the realities of the political and social policies of their country and what place do political players occupy in their works? Why do they hesitate so much to denounce the problems of their society? Why is there such a pronounced silence within their literary works? This article raises these delicate and complex questions. The report produced on the evolution of Gabonese writing affirms that writers’ silence is the product of self-censorship. They are condemned to fear saying anything, not only because of potential reprisals, but because they are, for the majority, political …

Privatization And The Law And Economics Of Political Advocacy, Alexander Volokh

ExpressO

A common argument against privatization is that private providers, motivated by self-interest, will advocate changes in substantive policy. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating incarceration.

This “political influence” argument applies at least as well to public provision: Government agencies, too, lobby for changes in substantive law. In the prison industry, for instance, it is unclear whether private firms advocate incarceration to any significant extent, but public guard unions are known to do so …

Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns

Human Rights & Human Welfare

A review of:

New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.

Economic Complementarity And Political Solidarity: Concerning The Sources Of The First Treaty Of 1850 Between Switzerland And The United States, Cédric Humair

Swiss American Historical Society Review

The Civil War known as the Sonderbund and the institutionalization of the Federal State, in 1848, do not solely constitute important historical milestones in Swiss domestic politics. These events, which mark the advent of a modern Switzerland, also had repercussions upon Swiss international politics and diplomacy and, in particular, upon relations with the United States of America. Beginning in 1850, the new liberal-radical authorities concluded a General Convention of Friendship, Reciprocal Establishments, Commerce, and for the Surrender of fugitive Criminals with the "sister Republic."' For the first time in their histories, the two countries regulated several spheres of their relations …

Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer

University of Richmond Law Review

In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

The Conditional Effects Of Ideology And Institutional Structure On Judicial Voting In State Supreme Courts, Jeff L. Yates, Paul Brace, Brent Boyea

ExpressO

Two enormously influential perspectives on courts offer fundamentally different predictions about court outcomes and the effects of judge ideology on those outcomes. Well-known to political scientists studying courts, the ideological voting (IV) literature argues that judge ideology is a strong predictor of court outcomes and that those outcomes should be proximate to the policy preferences of courts. Less known to political scientists but highly influential, the law and economics perspective (LE) focuses on settlement behavior of litigants who try to minimize costs and thus estimate likely outcomes in court, and settle simpler cases pre-trial. In this case selection process litigants …

The George-Anne, Georgia Southern University

The George-Anne

• Parents Come to Campus
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Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat

ExpressO

This paper explores the legal measures that have been enacted in Bosnia-Herzegovina (BiH) to counter the threat of terrorism, focusing particularly on the international and domestic political context in which the reform of the Bosnian criminal code was carried out, on the apparent origins of Article 201 of the BiH criminal code in the European Union Framework Decision on Combating Terrorism of June 2002 and on the strengths and weaknesses of this definition in the Bosnian context. The paper argues firstly that the events of 9/11, while certainly of significance, were less salient to the definition of terrorism adopted in …

Of Politics And Policy: Can The U.S. Maintain Its Credibility Abroad While Ignoring The Needs Of Its Children At Home?—Revisiting The U.N. Convention On The Rights Of The Child As A Transnational Framework For Local Governing, Cleveland Ferguson

ExpressO

The article uses the lens of the Convention on the Rights of the Child as a framework for developing solutions. It compares the world’s approach of using the underpinnings of the Convention to create the Millennium Development Goals (MDGs). This process represents a positive evolution in international human rights law. Use of the MDGs has met with some success. As a result, the article compares the U.S. go-it-alone approach with that of the collaborative model of the MDGs. Pointing out that child law is primarily state law, the article then discusses the ways in which local governments (cities, counties, and …

The Genetic Basics Of Political Cooperation, James H. Fowler, Laura A. Baker, Christopher T. Dawes

Department of Political Science: Hendricks Symposium

Cooperation has been a focus of intense interest in the biological and social sciences. Yet in spite of a tremendous effort to develop evolutionary models and laboratory experiments that explain the existence of cooperation in humans, relatively little effort has been invested in documenting the prevalence of largescale cooperation in well-mixed populations and the extent to which it may be the result of biological or social forces. In this article we study voter behaviour as a form of cooperation that bears close resemblance to theoretical models in which individuals in a large population make anonymous decisions about whether or not …

From Origin To Delta: Changing Landscape Of Modern Constitutionalism, Jiunn-Rong Yeh, Wen-Chen Chang

ExpressO

This article deals with the question of whether and to what extent the two forces of democratization and globalization have altered our understandings of constitutionalism. We attempt to theorize a changing landscape of constitutionalism that includes transitional and transnational perspectives and examine respectively their features, functions and characteristics. First, we analyze respective developments of transitional and transnational constitutionalism by identifying their features, perspectives, functions, and characteristics. Then we examine to what extent and in what ways the developments in transitional and transnational constitutionalism pose challenges to our traditional understanding of modern constitutional laws. Finally, we shall picture a new constitutional …

Democracy Means That The People Make The Law, Gerald Torres

New England Journal of Public Policy

Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.

The Role Of Incentive Design In Parliamentarian Anti-Corruption Programmes, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

What incentive do parliamentarians have to implement anti-corruption recommendations made by organisations such as the Inter-Parliamentary Union? This paper discusses how national anti-corruption programmes can be designed to be politically palatable to MPs.

The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander

Law and Contemporary Problems

Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.

The City Of God And The Cities Of Men: A Response To Jason Carter, Randy Beck

Scholarly Works

Law school seminars sometimes educate the professor as much as the students. That proved true for me in the spring of 2004, when seventeen law students and two colleagues from other departments joined me for a seminar focused on ancient and contemporary perspectives on law found within various Christian theological traditions. One seminar student who repeatedly spurred my own thinking was Jason Carter. Particularly thought provoking was the paper Jason presented in the final weeks of the seminar.

The returns from the 2004 election suggested that Jason had been unusually prescient in his analysis of U.S. religious and political trends. …

Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett

Cornell Law Faculty Working Papers

Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE).

A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …

Hilltopics: Volume 3, Issue 4, Hilltopics Staff

Hilltopics

Politics: Republicans may be shifting left in 2006 and beyond, page 3.

World: Hugo Chávez calls Bush the devil; Monica Chavez is glad, page 2.

School: Todd Baty continues with part two of a ten part series: “Ten Things I Love (or Love to Hate) about SMU.” This week: Tate Lectures, page 4.

Be Heard: Hilltopics is always looking for good submissions on virtually any topic. Email your ideas, feedback, or articles to hilltopics@hotmail.com.

Theories Of Supranationalism In The Eu, Rafael Leal-Arcas

ExpressO

Supranationalism has been a topic of analysis from various points of view when trying to understand the process of European integration. This article aims at presenting the major theories of supranationalism when discussing the ongoing process of European integration. Three main theories are examined: 1) normative versus decisional supranationalism; 2) theories of partial integration, and 3) legal theories of economic integration (such as the neo-liberal economic policy, the European Community (EC) as a special-purpose association of functional integration, as well as the theory of the supranational and intergovernmental dual structure of the EC).

Reforming Redistricting, Nicholas Stephanopoulos

ExpressO

There are several ways in which redistricting reform could in theory be achieved. State legislatures could voluntarily cede control over district-drawing, courts could invalidate especially egregious gerrymanders, or popular initiatives could be launched to create redistricting commissions. However, thanks to the self-interest of legislators as well as the Supreme Court’s unfortunate recent decisions in Vieth v. Jubelirer and LULAC v. Perry, the redistricting initiative is now the only realistic way to curb political gerrymandering. This Article provides the first detailed empirical and normative examination of redistricting initiatives. The Article begins by making the case for the popular initiative in the …

The Death Of The Doha Round. What Next For Services Trade?, Rafael Leal-Arcas

ExpressO

With the indefinite suspension of the WTO multilateral trade negotiations in July 2006 by WTO Director-General Pascal Lamy, the world trading system must now find ways and means to unblock what is perceived as a danger to the world order. This article analyzes the legal and policy implications of the currently fatal Doha Round for the two main developed WTO Members, i.e., the U.S. and the EC, and the most relevant developing countries of the WTO. The specific focus of attention will be mainly on services trade. Thoughts on alternative ways to move forward in the multilateral trading system are …

Biopolitics At The Bedside: Proxy Wars And Feeding Tubes, Joshua E. Perry

ExpressO

In the aftermath of Terri Schiavo’s dramatic final weeks of life, George Annas speculated that proponents of “culture of life” politics might “now view [themselves] as strong enough to generate new laws . . . to require that incompetent patients be kept alive with artificially delivered fluids and nutrition.” Indeed, Professor Annas’ prescience has been demonstrated by the post-Schiavo introduction in two dozen state legislatures of over fifty different bills making it more onerous to remove a patient’s artificial nutrition and hydration (ANH). With minor exception, however, most of the proposed legislation has either stalled or been watered down, prompting …

Hilltopics: Volume 3, Issue 2, Hilltopics Staff

Hilltopics

Politics: Arguing against dissent is arguing against democracy, page 3.

Media: Monica Chavez on music and Sterling Morriss on television, page 2.

School: Greek life isn't all fun and games. At SMU and elsewhere, recruitment rules are making it stressful to try to go greek. Read more on page 4.

Be Heard: Hilltopics is always looking for good submissions on virtually any topic. Email your ideas, feedback, or articles to hilltopics@hotmail.com.

Corporations And The Lateral Obligations Of The Social Contract, Benedict Sheehy

ExpressO

Social contract theorists suggest that society at some level is based on the idea that human people surrender freedom for the privilege of participating in society. That participation implicitly requires more than mere minimal compliance with law. Each human person’s contribution to society above the legal baseline, permits humans to create a society that is at least tolerable. Corporations as non-human act without regard for these supra-legal obligations which results in society suffering injustice. Corporate participation in society has become increasingly unjust and has done so to the extent that we may speak of living in a post-ethical world.

China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto

ExpressO

The on-going challenge in economic development and globalization, particularly for developing countries, is the issue of development and equality in society. The issue becomes particularly problematic when confronted in matters of international trade. Often misnamed anti-globalization activists and pro-globalization activists fail to take note of the underlying assumptions that lead them to conflict—namely, the actual costs and benefits to society that result from their particular positions. In essence, both activists are searching for ways to improve the lives of people in the domestic context and to minimize the damage to their society and environment. China’s impressive economic record is threatened …