Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Politics

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 91 - 120 of 1976

Full-Text Articles in Law

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli Feb 2016

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Pepperdine Dispute Resolution Law Journal

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the ...


Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek Feb 2016

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

Similar to other forms of politics, the terrorist narrative, too, is about economics and power. It is a crucial catalyst for the 21st century military industrial complex. Makers of the war on terror, in fact, don't have a problem with Islam or Muslims per se, as their close relationships with one of the most repressive Islamic regimes in the world who support these terrorists, shows. Except, at some point, they start believing their own dehumanizing messages, regardless of the truth factor. In the war on terror, Muslims happen to be the convenient group to build the narrative around. It ...


More’S Utopia And Income Insecurity, Daniel J. Morrissey Feb 2016

More’S Utopia And Income Insecurity, Daniel J. Morrissey

UTOPIA500

The second UTOPIA500 presentation was Feb. 11, 2016. Daniel J. Morrissey, Professor of Law and Dean emeritus at Gonzaga University School of Law, received an official "Me and Tommy More" polo shirt from Dr. Malloy at the beginning of the talk. Professor Morrissey then spoke about More's Utopia and Income Inequality. A published scholar of corporate securities law and jurisprudence, Professor Morrissey identified legal, political, and moral issues about social and economic inequality in late medieval England, as reflected in More's Utopia, and discussed the continuing relevance of those issues today. He sparked an animated discussion with the ...


King V. Burwell: Where Were The Tax Professors?, Andy S. Grewal Feb 2016

King V. Burwell: Where Were The Tax Professors?, Andy S. Grewal

Pepperdine Law Review

King v. Burwell drew unusually wide attention for a tax case. Members of the public, the mainstream media, health care professionals, Washington think tanks, and constitutional, administrative, and health law professors, to name a few groups, all debated the merits of the challengers’ arguments. Everyone, it seems, had something to say about the case — except tax professors. This contribution to Pepperdine Law Review’s Tax Law Symposium explores three potential reasons for the tax professoriate’s reticence. It concludes that none of those reasons withstand scrutiny, and going forward, tax professors should play a more active role in cases like ...


Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson Feb 2016

Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson

Journal of Legal Education

No abstract provided.


Utopia And The Law And Literature Movement, Michael P. Malloy Jan 2016

Utopia And The Law And Literature Movement, Michael P. Malloy

UTOPIA500

Dr. Malloy kicked off the UTOPIA500 project with a presentation on Jan. 21, 2016. His paper, Utopia and the Law and Literature Movement, marked the quincentennial of the publication of Thomas More's novel Utopia in 1516. Dr. Malloy explored the meaning and implications of the concepts of utopia and dystopia. He argued, with colorful graphic support, that More's novel was a precursor to post-modernist literature, and that in our own time there has been a linguistic transformation of the concept of utopia to contemporary meanings that are often entirely independent of More's novel. Dr. Malloy concluded that ...


Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman Jan 2016

Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman

Faculty Scholarship

No abstract provided.


Utilitarianism And Wealth Transfer Taxation, Jennifer Bird-Pollan Jan 2016

Utilitarianism And Wealth Transfer Taxation, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

This article is the third in a series examining the continued relevance and philosophical legitimacy of the United States wealth transfer tax system from within a particular philosophical perspective. The article examines the utilitarianism of John Stuart Mill and his philosophical progeny and distinguishes the philosophical approach of utilitarianism from contemporary welfare economics, primarily on the basis of the concept of "utility" in each approach. After explicating the utilitarian criteria for ethical action, the article goes on to think through what Mill's utilitarianism says about the taxation of wealth and wealth transfers, the United States federal wealth transfer tax ...


Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones Jan 2016

Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones

Faculty Scholarship

This Article presents an empirical analysis of how race, income inequality, the regional history of the South, and state politics affect the development of tort law. Beginning in the mid-1960s, most state appellate courts rejected doctrines such as contributory negligence that traditionally prevented plaintiffs’ cases from reaching the jury. We examine why some, mostly Southern states did not join this trend.

To enable cross-state comparisons, we design an innovative Jury Access Denial Index (JADI) that quantifies the extent to which each state’s tort doctrines enable judges to dismiss cases before they reach the jury. We then conduct a multivariate ...


The First Amendment And The Politics Of Reproductive Health Care, B. Jessie Hill Jan 2016

The First Amendment And The Politics Of Reproductive Health Care, B. Jessie Hill

Washington University Journal of Law & Policy

This article explores the detailed nuances of contraception and reproductive care as distinct and individual entities within the healthcare system as a whole. Hill discusses the relationship between the First Amendment and reproductive rights, highlighting the discrepancies in judicial opinions based on whether or not reproductive rights are considered essential or elective care. Hill closes with a defense of reproductive rights, advocating them as an essential component of care as opposed to an elective moral choice.


Politics At Work After Citizens United, Ruben J. Garcia Jan 2016

Politics At Work After Citizens United, Ruben J. Garcia

Loyola of Los Angeles Law Review

There are seismic changes going on in the political system. The United States Supreme Court has constitutionalized the concentration of political power in the “one percent” in several recent decisions, including Citizens United v. FEC. At the same time, unions are representing a shrinking share of the workforce, and their political power is also being diminished. In order for unions to recalibrate the balance of political power at all, they must collaborate with grassroots community groups, as they have done in several recent campaigns. There are, however, various legal structures that make coordination between unions and nonunion groups difficult, and ...


Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning Jan 2016

Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning

Articles & Chapters

No abstract provided.


Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts Jan 2016

Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts

Articles

Federal rulemaking has traditionally been understood as a text-bound, technocratic process. However, as this Article is the first to uncover, rulemaking stakeholders—including agencies, the President, and members of the public—are now deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. Rarely do these visual contributions appear in the official rulemaking record, which remains defined by dense text, lengthy cost-benefit analyses, and expert reports. Perhaps as a result, scholars have overlooked the phenomenon we identify here: the emergence of a visual rulemaking universe that is splashing images, GIFs, and videos across ...


Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias Jan 2016

Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias

Articles

American government is dysfunctional: Gridlock, filibusters, and expanding presidential power, everyone seems to agree, threaten our basic system of constitutional governance. Who, or what, is to blame? In the standard account, the fault lies with the increasing polarization of our political parties. That standard story, however, ignores an important culprit: Concentrated wealth and its organization to achieve political ends. The only way to understand our current constitutional predicament—and to rectify it—is to pay more attention to the role that organized wealth plays in our system of checks and balances. This Article shows that the increasing concentration of wealth ...


Is Government Really Broken?, Cary Coglianese Jan 2016

Is Government Really Broken?, Cary Coglianese

Faculty Scholarship at Penn Law

The widespread public angst that surfaced around the 2016 presidential election in the United States revealed that many Americans believe their government has become badly broken. Given the serious problems that continue to persist in society—crime, illiteracy, unemployment, poverty, discrimination, and more—these beliefs in a government breakdown are understandable. Yet a breakdown is actually far from self-evident. In this paper, I explain how diagnoses of governmental performance depend on the perspective from which current conditions in the country are viewed. Certainly when judged against a standard of perfection, America has a long way to go. But perfection is ...


Pain, Politics And Volunteering In Tourism Studies, Ryan Frazer, Gordon R. Waitt Jan 2016

Pain, Politics And Volunteering In Tourism Studies, Ryan Frazer, Gordon R. Waitt

Faculty of Law, Humanities and the Arts - Papers

This paper is an ethnography of how six Australian volunteers experience a house-build project in the Philippines. Contingencies of empathic pain arising from the living conditions of those they aimed to help were felt through their bodies. Drawing on Sara Ahmed's ideas on pain enabled us to explore the politics of volunteer tourism. We suggest the intensification of volunteers' empathic pain constitute ambivalent spaces. In some volunteering contingencies, pain led to a blurring of conventional boundaries of 'them' and 'us', giving priority to difference over dominance. In others, volunteers reproduced dominant understandings of volunteering that mobilised neoliberal and colonial ...


Curriculum Reform: A Transformation Or Consumption Model For Politics And International Relations?, Susan N. Engel Jan 2016

Curriculum Reform: A Transformation Or Consumption Model For Politics And International Relations?, Susan N. Engel

Faculty of Law, Humanities and the Arts - Papers

For decades, politics and international relations (PaIR) programs across Australia have taken a smorgasbord or student consumption approach to curriculum development. This article examines whether, with the Australian Qualifications Framework (AQF), there has been a systematisation and transformation of curriculum. It surveys 21 programs and majors in the field offered at 10 universities. It analyses directions in program structure, content and to a lesser extent delivery in order to discover whether there is a shared picture of graduate outcomes. The model of curriculum as a product students' select elements of to consume has largely continued and there has been no ...


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 Revival Of Climate Change Science In U.S. Courts, William H. Rodgers, Jr., Andrea K. Rodgers Jan 2016

The Revival Of Climate Change Science In U.S. Courts, William H. Rodgers, Jr., Andrea K. Rodgers

Articles

Science never has been the obstacle to the recognition of climate change. Since Arhennius did his original calculations in 1896, the scientific world was quite aware of the prospect that industrial-age levels of carbon dioxide pollution would result in increasing global temperatures and acidification of the world’s oceans. The brilliant—and striking—graphical display that we know today as the Keeling Curve started in 1957, and year after year it records the relentless upward march of these atmospheric pollutant loadings.

Through the years, necessarily, a vast number of scientific warnings, publications, findings, and predictions would be offered to the ...


Health Care And The Myth Of Self-Reliance, Nicole Huberfeld, Jessica L. Roberts Jan 2016

Health Care And The Myth Of Self-Reliance, Nicole Huberfeld, Jessica L. Roberts

Law Faculty Scholarly Articles

King v. Burwell asked the Supreme Court to decide if, in providing assistance to purchase insurance “through an Exchange established by the State,” Congress meant to subsidize policies bought on the federally run exchange. With its ruling, the Court saved the Patient Protection and Affordable Care Act’s low-income subsidy. But King is only part of a longer, more complex story about health care access for the poor. In a move toward universal coverage, two pillars of the ACA facilitate health insurance coverage for low-income Americans, one private and one public: (1) the subsidy and (2) Medicaid expansion. Although both ...


Why Tax Wealth Transfers?: A Philosophical Analysis, Jennifer Bird-Pollan Jan 2016

Why Tax Wealth Transfers?: A Philosophical Analysis, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

The one-hundredth anniversary of the estate tax provides an ideal moment to reflect on the role of wealth transfer taxation in the larger scheme of the U.S. tax system. Wealth and income inequality are at historically high levels, and the responses to these issues are often reduced to a simplistic political dichotomy of “right” versus “left.” The multitude of views of the American people cannot be reduced to such simple generalities without losing important nuances. This Article identifies three general categories of political philosophical viewpoints that are commonly endorsed by both politicians and everyday Americans, and then examines the ...


Leading On Energy Policy: The Growth Of Renewable Portfolio Standards On The State Level, Spencer Borison Jan 2016

Leading On Energy Policy: The Growth Of Renewable Portfolio Standards On The State Level, Spencer Borison

Undergraduate Honors Theses

The world is warming at unnatural rates. Governments have responded with largely slow or insufficient policy to stop this potentially dangerous change. In the United States, where special interests, notably the oil and gas lobby, have incredible influence over federal policy and fight to maintain the status quo; little has been done to reduce carbon emissions. This lack of policy at the federal level has placed the responsibility on the states to act. Among the main policy actions states have utilized in promoting more renewable energy and reducing greenhouse gas emissions is the Renewable Portfolio Standard (RPS). This standard, which ...


Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner Jan 2016

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the ...


Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao Jan 2016

Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao

Journal Articles

Why do corporate governance law and practice differ across countries? This paper explains how wage-setting institutions influence ownership structures and investor protection laws. In particular, we identify a nonmonotonic relationship between the level of centralization in wage-bargaining institutions and the level of ownership concentration and investor protection laws. As wage setting becomes more centralized, ownership concentration within firms at first becomes more, and then less, concentrated. In addition, the socially optimal level of investor protection laws is decreasing in ownership concentration. Thus, as wage-setting institutions become more centralized, investor protection laws become less and then more protective. This explanation is ...


Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher Jan 2016

Political Dysfunction And The Election Of Donald Trump: Problems Of The U.S. Constitution's Presidency, David Orentlicher

Scholarly Works

In this article, Professor Orentlicher examines the Constitution's design for the executive branch. He argues that by opting for a single executive rather than a multi-person executive, the Constitution causes two serious problems-it fuels the high levels of partisan polarization that we see today, and it increases the likelihood of misguided presidential decision making. Drawing on the experience in other countries with executive power shared by multiple officials, he proposes a bipartisan executive.


Governance Of Steel And Kryptonite Politics In Contemporary Public Education Reform, James S. Liebman, Christina C. Ma, Elizabeth R. Cruikshank Jan 2016

Governance Of Steel And Kryptonite Politics In Contemporary Public Education Reform, James S. Liebman, Christina C. Ma, Elizabeth R. Cruikshank

Faculty Scholarship

Public education in the United States has been crippled by a combination of entrenched bureaucratic governance and special-interest politics. To remedy these failings, school districts, states, and the federal Education Department have adopted education reforms characterized by rigorous outcome-focused standards and assessments and the empowering of public schools, charter or otherwise, to meet the standards. Despite promising initial results, however, the reforms have been widely criticized, including by the populations they most seek to help. To explain this paradox, this Article first tries to assimilate the new education reforms to the most frequently proposed alternatives to bureaucratic governance — marketization, managerialism ...


Targeted Killing: A Legal And Political History, Markus Gunneflo Dec 2015

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is ...


After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau Dec 2015

After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau

Tracy A. Thomas

Almost a full century in the making, the campaign for an ERA far exceeded in longevity the campaign for woman suffrage, however much a “logical next step” women's equality seemed to some following the spectacular achievement of the Nineteenth Amendment. The history of the amendment reveals how resistant to the idea of equality between men and women a political system -- even one that includes women as voters -- can be. In this chapter, we re-examine the route taken by the ERA through its many permutations in the century since the passage of woman suffrage. Proposed by Alice Paul in 1923 ...


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz Dec 2015

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

Bruce Ledewitz

American Democracy has broken down.  This crisis was on dramatic display in the 2016 Presidential Campaign.  Americans are resentful, distrustful and pessimistic.  We find it easy to blame “the other side” for the deadlock, mendacity and irresponsibility in American public life.  By virtue of their public role, American law schools have an obligation to address the breakdown in order to understand and try to ameliorate it.  That task is currently unfulfilled by law schools individually and collectively, which are distracted by marketing and pedagogy.  Religious law schools, which retain the traits of normative discourse, mission, Truth and tragic limit to ...


Using Social Norms As A Substitute For Law, Bryan H. Druzin Dec 2015

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin

This paper follows the law and norms literature in arguing that policymakers can use social norms to support or even replace regulation. Key to the approach offered here is the idea — borrowed from the folk theorem in game theory — that cooperative order can arise in circumstances where parties repeatedly interact. This paper proposes that repeated interaction between the same agents, specifically the intensity of it, may be used as a yardstick with which to gauge the potential to scale back regulation and use social norms as a substitute for law. Where there are very high levels of repeated interaction between ...