Social and Behavioral Sciences Commons^™

Critical Dialogue: "The Politics Of War Powers: The Theory And History Of Presidential Unilateralism." By Sarah Burns, Jasmine Farrier

Faculty Scholarship

In the first half of 2020, impeachment, COVID-19, Black Lives Matter, and the upcoming presidential election knocked forever wars even farther off our radar. According to Gallup’s “Most Important Problem” polling, over the past six months, national security, terrorism, and international affairs in general registered less than 0.5% of mentions in the national sample. And yet Sarah Burns’s new book is as relevant as it would have been if public opinion still cared about war as much as it did in the first decade of this century. Although this book, published in 2019, obviously could not include these timely 2020 …

The 2019 European Elections: Something Old, Something New, Something Borrowed, And Something Green, Mark N. Franklin, Luana Russo

Faculty Scholarship

© 2020 Società Italiana di Scienza Politica. In the aftermath of a European Parliament (EP) election, there are normally two prominent aspects that receive attention by scholars and experts: the turnout rate and whether the Second Order Election (SOE) model proposed by Reif and Schmitt (1980) still applies. That model is based on the idea that, because EP elections do not themselves provide enough stimulus as to replace the concernsnormally present at national elections, the outcomes of EP elections in any participating country manifest themselves as a sort of distorted mirror of national (Parliamentary) elections in that country. The mirror …

Racial Stereotypes, Respectability Politics, And Running For President: Examining Andrew Yang's And Barack Obama's Presidential Bids, Vinay Harpalani

Faculty Scholarship

In the wake of the pandemic, Andrew Yang’s response to anti-Asian American violence was criticized for placing responsibility on Asian Americans rather than those perpetrating the hate crimes. This article explores how "warring ideals for people of color can cause a lot of internal dissonance about what to say and how to act in certain situations.

See Original Blog Post on Internet.

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

For seventy years, Puerto Ricans have been bitterly divided over how to decolonize the island, a U.S. territory. Many favor Puerto Rico’s admission into statehood. But many others support a different kind of relationship with the United States: they believe that in 1952, Puerto Rico entered into a “compact” with the United States that transformed it from a territory into a “commonwealth,” and they insist that “commonwealth” status made Puerto Rico a separate sovereign in permanent union with the United States. Statehood supporters argue that there is no compact, nor should there be: it is neither constitutionally possible, nor desirable …

Strengthening The U.S.-Japan Alliance: Pathways For Bridging Law And Policy, Columbia Law School, 2020, Nobuhisa Ishizuka, Masahiro Kurosaki, Matthew C. Waxman

Faculty Scholarship

During the three years leading up to this year ’s 60th anniversary of the signing of the 1960 U.S.-Japan Security Treaty, a series of workshops were held under the joint sponsorship of Columbia Law School’s Center for Japanese Legal Studies and the National Defense Academy of Japan’s Center for Global Security. Bringing together experts in international law and political science primarily from the United States and Japan, the workshops examined how differing approaches to use of force and understandings of individual and collective self-defense in the two countries might adversely affect their alliance.

The workshop participants explored the underlying causes …

Delegating Or Divesting?, Philip A. Hamburger

Faculty Scholarship

A gratifying feature of recent scholarship on administrative power is the resurgence of interest in the Founding. Even the defenders of administrative power hark back to the Constitution’s early history – most frequently to justify delegations of legislative power. But the past offers cold comfort for such delegation.

A case in point is Delegation at the Founding by Professors Julian Davis Mortenson and Nicholas Bagley. Not content to defend the Supreme Court’s current nondelegation doctrine, the article employs history to challenge the doctrine – arguing that the Constitution does not limit Congress’s delegation of legislative power. But the article’s most …

Contre-/Counter-, Bernard E. Harcourt

Faculty Scholarship

Examines the “counter-” move in Balibar’s thought, analysing it not in the Kantian or Hegelian sense of a synthesis that resolves an antinomic opposition (not the least of which, because the particle “contre-” functions differently than the particle “anti-”), but rather as an original counterpoint that itself becomes so powerful as to liberate itself from the oppositional relationship and transform itself into a free-standing concept, intervention, or even mode of governmentality. It is not an opposition that leads to a synthesis, but instead to a stage of “perfection” that (1) merely indexes its former counter-partner, and (2) becomes a fully …