Social and Behavioral Sciences Commons^™

Sustaining Collective Self-Governance And Collective Action: A Constitutional Role Morality For Presidents And Members Of Congress, Neil S. Siegel

Faculty Scholarship

In the United States today, the behavior of the political branches is generally viewed as more damaging to the American constitutional system than is the behavior of the federal courts. Yet constitutional law scholarship continues to focus primarily on judges and judging. This Article suggests that such scholarship should develop for presidents and members of Congress what it has long advocated for judges: a role morality that imposes normative limits on the exercise of official discretion over and above strictly legal limits. The Article first grounds a role morality for federal elected officials in two purposes of the U.S. Constitution …

The Framers’ Coup: The Making Of The United States Constitution, By Michael J. Klarman, John Patrick Coby

Government: Faculty Publications

No abstract provided.

Statutory Rape, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Faculty Publications By Year

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …

From Justice To Fairness: Does Kant's Doctrine Of Right Imply A Theory Of Distributive Justice?, Michael Nance, Jeppe Von Platz

Philosophy Faculty Publications

The fact that Kant does not articulate a theory of distributive justice has not kept political philosophers from citing Kant as inspiration and support for whatever theory of distributive justice they favor - including those who argue that the notion of distributive justice is itself mistaken. This widespread reliance on Kant invites the question, "Does the Doctrine of Right imply a theory of distributive justice?"

To address this question, we discuss Paul Guyer's argument that Kant's Doctrine of Right implies, roughly, the principles of distributive justice as found in Rawls's justice as fairness. Guyer's argument is that Kant's theory of …

Cannabis In Cascadia: Impacts Of Legalization In The Region, Border Policy Research Institute

Border Policy Research Institute Publications

The policies regulating the use and sale of cannabis have historically been constructed differently in the United States and Canada, yet both countries had deemed recreational use to be illegal. Beginning in 2012, however, individual states in the U.S. began to legalize recreational cannabis, including Washington, Oregon, and most recently, California. In 2017, the Government of Canada passed similar legislation. If Canada’s legislation goes into effect in mid-2018, the West Coast of North America will become the only contiguous region where recreational consumption and sale of cannabis are permitted across multiple jurisdictions (see Map 1, next page). However, because cannabis …

Vicarious Retribution In U.S. Public Support For War Against Iraq, Peter Liberman, Linda J. Skitka

Publications and Research

U.S. public anger and desires to avenge the 11 September 2001 terror attacks were redirected toward Iraq partly because of its identity as an Arab and Muslim state. Online panel survey data reveal that citizens who were relatively angry about the terror attacks were more belligerent toward Iraq, and that this effect was strongest among those who perceived Arabs and Muslims in monolithic terms. Angry desires to avenge 9/11 were more persistent for those who saw Arabs and Muslims in that light, and their effects on war support were partially mediated by worsened feelings about Arabs and Muslims in general. …

Πολιτισμός, Κοινωνία Των Πολιτών Και Το Ιδεολόγημα Των Μκο, Despina Lalaki

Publications and Research

No abstract provided.

Enzo Traverso: Neoliberalism Is The Totalitarianism Of Our Times, Despina Lalaki

Publications and Research

No abstract provided.

Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

This first chapter from the recently published book Mapping American Criminal Law: Variations across the 50 States documents the alternative distributive principles for criminal liability and punishment — desert, deterrence, incapacitation of the dangerous — that are officially recognized by law in each of the American states. The chapter contains two maps visually coded to display important differences: the first map shows which states have adopted desert, deterrence, or incapacitation as a distributive principle, while the second map shows which form of desert is adopted in those jurisdictions that recognize desert. Like all 38 chapters in the book, which covers …

Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett

All Faculty Scholarship

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

Insanity Defense, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …

Our Principled Constitution, Mitchell N. Berman

All Faculty Scholarship

Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.

Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …

Morals In The United States Of America: Are They In Their Death Throes?, John A. Cook

Communication Faculty Publications and Presentations

This article explores the ethics of large complex systems in the United States of America in three major case studies: the food industry, the pharmaceutical industry and the political/governmental institutions. Using the simple Aristotelian heuristic of good sense, good character and good will, the conclusion is that ethics is not a high priority due in large part to the relentless pursuit of large sums of money at any cost.

Genetic Attributions: Sign Of Intolerance Or Acceptance?, Stephen P. Schneider, Kevin B. Smith, John R. Hibbing

Department of Political Science: Faculty Publications

Many scholars argue that people who attribute human characteristics to genetic causes also tend to hold politically and socially problematic attitudes. More specifically, public acceptance of genetic influences is believed to be associated with intolerance, prejudice, and the legitimation of social inequities and laissez-faire policies. We test these expectations with original data from two nationally representative samples that allow us to identify the American public’s attributional patterns across 18 diverse traits. Key findings are (1) genetic attributions are actually more likely to be made by liberals, not conservatives; (2) genetic attributions are associated with higher, not lower, levels of tolerance …

Review: Moral History From Herodotus To Diodorus, Joel Alden Schlosser

Political Science Faculty Research and Scholarship

No abstract provided.

Joan Didion And The American Dream, Joel Alden Schlosser

Political Science Faculty Research and Scholarship

No abstract provided.

The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig

Articles by Maurer Faculty

No abstract provided.

When The Tables Are Turned: The Effects Of The 2016 Us Presidential Election On In-Group Favoritism And Out-Group Hostility, Burak Oc, Celia Moore, Michael R. Bashshur

Research Collection Lee Kong Chian School Of Business

The outcome of the 2016 U.S. Presidential election was a big surprise to many, as the majority of polls had predicted the opposite outcome. In this two-stage cross-sectional study, we focus on how Democrats and Republicans reacted to this electoral surprise and how these reactions might have influenced the way they allocated resources to each other in small groups. We find that, before the election, Republicans showed greater in-group favoritism than Democrats, who treated others equally, regardless of their political affiliation. We then show that Democrats experienced the election outcome as an ego shock and, in the week following the …

Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel

Faculty Scholarship

This symposium Essay argues that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play a …

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah Purdy

Faculty Scholarship

The U.S. Constitution embodies a conception of democratic sovereignty that has been substantially forgotten and obscured in today’s commentary. Recovering this original idea of constitution-making shows that today’s originalism is, ironically, unfaithful to its origins in an idea of self-rule that prized both the initial ratification of fundamental law and the political community’s ongoing power to reaffirm or change it. This does not mean, however, that living constitutionalism better fits the original conception of democratic self-rule. Rather, because the Constitution itself makes amendment practically impossible, it all but shuts down the very form of democratic sovereignty that authorizes it. No …

Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:

(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;

(b) make increasingly consequential political commitments for the United States on practically any topic;

(c) interpret these obligations and commitments; and

(d) terminate or withdraw from these obligations and commitments.

While others have examined pieces of this …

Black Detroit: The Worst Nightmare Of The American Establishment: Interview With Dan Georgakas, Despina Lalaki

Publications and Research

No abstract provided.

Biodiversity Gains? The Debate On Changes In Local- Vs Global-Scale Species Richness, Richard B. Primack, Abraham J. Miller-Rushing, Richard T. Corlett, Vincent Devictor, David Johns, Rafael Loyola, Bea Hass, Robin J. Pakeman, Liba Pejchar

Political Science Faculty Publications and Presentations

Editorial: Do changes in biodiversity at local scales reflect the declines seen at global scales? This debate dates back at least 15 years...

Survey Research In The Arab World: Challenges And Opportunities, Lindsay J. Benstead

Political Science Faculty Publications and Presentations

Survey research has steadily expanded in the Arab world since the 1980s. The Arab spring marked a watershed when surveying became possible in Tunisia and Libya, and questionnaires included previously censured questions. Almost every Arab country is now included in the Arab Barometer or World Values Survey and researchers have numerous datasets to answer theoretical and policy questions. Yet some scholars express the view that the Arab survey context is more challenging than other regions or that respondents will not answer honestly. I argue that this reflects biases of “Arab exceptionalism,” more than fair assessments of data quality. Based on …

The United States, Mexico, And The War On Drugs In The Trump Administration, James M. Cooper

Faculty Scholarship

This Article examines the war on drugs as persecuted by the United States and how it has been exported to Mexico. It also explores the increased efforts in the drugs war that the Trump administration, through the U.S. Department of Justice, is pursuing at a domestic level. Part I of this Article provides an outline of the dynamics in the quickly evolving and highly tense relationship between the United States and Mexico. Part II of this Article details the historical background of the U.S.-Mexico border region and demonstrates that the border has long been a contested site. Part III provides …

Economic Anxiety Or Racial Predispositions? Explaining White Support For Donald Trump In The 2016 Presidential Election, Emmitt Y. Riley Iii, Clarissa Peterson

Political Science Faculty publications

In this article, we examine the degree to which White support for Donald Trump is driven by economic anxiety or racial resentment. Given Donald Trump's rhetoric surrounding racial and ethnic minorities during the 2016 presidential election, it is perplexing that the influence of racial attitudes has been ignored in explaining his electoral success. We argue that Whites with high levels of racially resentful attitudes should be more likely to support Donald Trump and that racial resentment should be a greater determinant of support for Trump than variables measuring economic anxiety. Relying on logistic regression analysis, we utilize data from the …

Negative Affective Language In Politics, Stephen M. Utych

Political Science Faculty Publications and Presentations

How do the words we use to talk about politics influence political attitudes and evaluations? I focus specifically on negative affective language; words which individuals have pre-existing negative reactions towards. Considering the Affect Infusion Model (AIM), processing style influences how individuals use affect when making decisions. The impact of affective language depends upon the complexity of the decision. In simpler processing tasks, individuals will use affect as a heuristic. This causes a misattribution of generalized negative affect onto a political target, leading to harsher evaluations. When a decision is complex, affective language influences how new information is stored in memory, …

Ramerican Political Science Review (Vol. 3, 2018)

Ramerican Political Science Review

Letter from the Department of Political Science -- To What Extent Will Peaceful Korean Reunification Impact Both the North and South Korean Economies? / Hayne Noh -- The Impact of Gender Mainstreaming on Sexual Exploitation and Abuse by UN Peacekeepers / Katilyn Thomas -- Bangladesh and Its Quest to Become A Middle Income Country: An Evaluation of the Relationship Between Higher Education in Women and Economic Development / Thomas Fratkin -- Framing Bias and Identity Characteristics in the Portrayal of Terrorists in American News Media / Saffeya Ahmed -- The “Drone Memo” and the Targeted Killing of Anwar al-Aulaqi / …

Back On The Block: Spousal Transitional Difficulties In Military Retirement, Rhianna Kelsey Flohr

PsyD Program in Clinical Psychology Doctoral Dissertations (New England)

Service members who serve active duty for 20 years qualify for military retirement with retired pay. This study examined whether sociodemographic and clinical factors are associated with higher levels of transitional difficulty in spouses of retired military service members following at least 20 years of active duty service. Veteran research has shown that a variety of sociodemographic and clinical factors influence the ease with which the service member transitions back into a civilian lifestyle. Factors contributing to greater transitional difficulties for veterans include: (a) experience of a traumatic event, (b) probable post-traumatic stress disorder (PTSD), (c) race and ethnicity, (d) …