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Full-Text Articles in Legal History

Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv Aug 2015

Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv

Charles E. A. Lincoln IV

This Article uses the dialectical ideas of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) in application to the progression of United States voting laws since the founding. This analysis can be used to interpret past progression of voting rights in the US as well as a provoking way to predict the future trends in US voting rights. First, Hegel’s dialectical method is established as a major premise. Second, the general accepted history of United States voting laws from the 1770s to the current day is laid out as a minor premise. Third, the major premise of Hegel’s dialectical method weaves …


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.


Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu Apr 2015

Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu

Senior Theses and Projects

No abstract provided.


Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo Dec 2014

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

This article aims to contribute to the history of biopolitical thought through a more accurate understanding of the Swedish professor of political science Rudolf Kjellén considered both in his historical and political context. Kjellén coined the term ‘biopolitics’, as early as 1905, in a two-volume work entitled The Great Powers, and developed it even further in a 1916 book entitled The State as a Form of Life. Because of the organicist analogies deployed by Kjellén, his biopolitical theory of the state is considered as a form of ‘vitalism’ or ‘organicism’ in the contemporary literature on biopolitics. Based on a close …