Social and Behavioral Sciences Commons^™

Free-Speech Rights Versus Property And Privacy Rights: "Ag-Gag" Laws And The Limits Of Property Rights, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Beginning in the 1990s, private agricultural firms, research institutions, and their political allies began seeking governmental protection from undercover investigations conducted by animal rights activists. Some state governments responded by enacting statutes that regulate undercover investigatory behavior, creating statutory prohibitions on trespasses and on evidence gathering without permission and requiring undercover investigators to quickly turn over evidence of animal abuse or face civil and criminal fines and penalties (Lin 2015, 474). To date, three such state laws-popularly known as ag-gag laws, a term used by critics of the laws-have been successfully challenged based on claims that they violate First Amendment …

Federalism And The Limits On Regulating Products Liability Law, 1977-1981., Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The political movement of the early 1980s that sought to increase manufacturer liability for defective products by converting state tort law into federal law raised core questions about federalism. The effort at wholesale federalization failed, and tort law has been (and largely remains) within the purview of the states. However, the tort federalization movement of the early 1980s, which by the end of that decade would become popularly known as" tort reform, did result in federal legislation affecting tort law in America. This article attempts to explain why tort law was never fully federalized during this period and how the …

Lgbtq Youth In Foster Care: Litigated Reform Of New Jersey’S Child Welfare System, Ariel Alvarez

Department of Political Science and Law Faculty Scholarship and Creative Works

Institutional heteronormativity is endemic across the U.S. state foster care system. The study purpose was to explore New Jersey’s child welfare agency in the context of policy changes during litigated reform that diminished the influence of institutional heteronormativity contributing to inadequate care of lesbian, gay, bisexual, transgender, or questioning (LGBTQ) foster youth. LGBTQ-related policy-based reforms identified through document analysis included: (a) leveraging the authority of state sexual orientation, gender identity, and gender expression (SOGIE) based anti-discrimination legislation; (b) establishing a Safe Space Initiative program; and (c) integrating SOGIE-based anti-discrimination policy and procedural changes to LGBTQ youth case practice, management, service …

Batman The Noble Dog: The Costs Of Spiritedness For The Individual And Society, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Batman’s self-imposed mission to rid Gotham City of its criminal element has always presented the problem of vigilantism. From the perspective of criminology, Batman’s methods raise the problem of whether society can be governed, or govern itself, with extralegal law enforcement. The problem presented by Batman’s behavior is often stated, as the ancient Roman satirist Juvenal famously put it, “quis custodiet ipsos custodes?” (“but who is going to guard the guards themselves?”).1 The threat posed by selfappointed guardians, such as Batman and other super heroes, has been frequently analyzed by scholars and fans alike. Yet, there is an additional, less …

Yin And Yank? Public Opinion In Europe Toward The Us And China, Soo Yeon Kim, Sophie Meunier, Zsolt Nyiri

Department of Political Science and Law Faculty Scholarship and Creative Works

Perceptions of the United States in European public opinion greatly improved around 2008, while perceptions of China simultaneously deteriorated. The Transatlantic and Sino-European relationships stem from radically different historical contexts. Yet could the image of China and the image of the U.S. be related in the eyes of Europeans? This paper examines whether attitudes toward China have contributed to determining attitudes toward the U.S. in Europe by analyzing data from the Transatlantic Trends survey taken in 2010, a critical juncture in Europe’s relations with both the U.S. and China. We investigate three hypotheses about this relation: the “yin and yank” …

Understanding Variations In User Response To Social Media Campaigns: A Study Of Facebook Posts In The 2010 Us Elections, Michael A. Xenos, Timothy Macafee, Antoinette Pole

Department of Political Science and Law Faculty Scholarship and Creative Works

Political candidates increasingly have incorporated social media tools like Facebook into their campaigns. Such tools enable supporters to interact directly and easily with campaigns, creating an immediate and relatively informal way for users to respond to candidate messages and publicly display their support. Previous research has explored how campaigns have used social media, or how the use of social media may be related to political engagement. In this study, we provide a systematic analysis of variations in user response to candidate messaging through Facebook. Our results shed new light on the dynamics of online campaigning through social media and engagement …

The Co-Evolution Of Marriage And Parental Rights Of Gays And Lesbians, Lisa M. Chauveron, Ariel Alvarez, Bradley Van Eeden-Moorefield

Department of Political Science and Law Faculty Scholarship and Creative Works

Historically, federal and state legislation placed different conditions on same- and opposite-sex couples' ability to marry, adopt, or exercise their parental rights. Given the historical intertwining of marriage and parenting, legal issues remain hinged on differing conceptions of marriage and what constitutes a legal family in the United States, especially for same-sex partners compared to their different-sexed couple counterparts. This article provides a historical review of decisions that serve as the foundation for queer parenting rights in the United States. A key focus is on the impact of the U.S. Supreme Court Obergefell v. Hodges (2015) marriage decision on queer …

Lights, Camera, Action: The Images Of Foster Care In The Movies, Ariel Alvarez

Department of Political Science and Law Faculty Scholarship and Creative Works

Movies often reflect public perceptions. The portrayal of foster care in movies provides insight regarding beliefs and attitudes children, parents, and others bring with them as they interact with the foster care system. The study focus was to identify images of foster care portrayed in 37 nondocumentary movies produced in the United States and Canada between 1921 and 2012. Using Framing Theory, an iterative review process was used to derive three dominant images presented to audiences: child entrance into foster care, a broken foster care system, and life in foster care. Movie images generally misrepresented the realities of foster care …

The Contribution Of Hugo Chávez To An Understanding Of Post-Neoliberalism, Tony Spanakos, Dimitris Pantoulas

Department of Political Science and Law Faculty Scholarship and Creative Works

When Hugo Chávez was president, he pronounced the death of many things - the constitution, the old "partyarchy," Venezuela's "Fourth Republic," and the Free Trade Area of the Americas, among others. Since his own death in 2013, scholars, activists, and citizens have contributed to a rich discussion of his legacy. Part of that legacy is an understanding of post-neoliberalism that recognizes its competing and contradictory components, some of them seeking to complement, improve, and reverse neoliberal policies or overcome neoliberal logics and others constituting important remnants of neoliberalism.

The Legacy Of Hugo Chávez, Daniel Hellinger, Tony Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Daniel Hellinger and Anthony Petros Spanakos discuss the legacy of Hugo ChaÁvez. In 1992, Lieutenant Colonel Hugo ChaÁvez vez failed to replace the beleaguered government of President Carlos AndreÁs PeÁrez but succeeded in capturing the hearts and imaginations of the population. Six years later, as a candidate for the presidency, ChaÁvez vez won his first of four presidential elections. Upon coming to power, he called for the drafting of a new constitution as part of a process of radical political, economic, and social change in Venezuela. Upon his death in March 2013, ChaÁvez left behind a significant but highly contested …

The Alabama Way: Independent Courts And Policymaking In Alabama, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Rather, it was the product of a conscious policy choice by early nineteenth century jurists to "overthrow" an equitable theory of contract, wherein a good was thought to have an objective value, which courts could determine, independent of the value placed on it by the parties to the contract. [...] historians like Horwitz have interpreted the "buyer beware" rule as a "procommercial [sic] attack"-a conscious judicial policy choice to favor sellers over buyers-upon communal values, which essentially separated law from morals and created a harsher, more speculative, more individualistic, and combative marketplace

Executive Leadership Challenges Implementing Systemic Change Under Conditions Of Litigated Reform, Ariel Alvarez

Department of Political Science and Law Faculty Scholarship and Creative Works

A case study was conducted using the lens of second-order change to examine leadership challenges during litigated-based reform of New Jersey’s child welfare agency. Six challenges identified included (a) difficulty implementing the comprehensive reform plan; (b) attempting systemwide change within a weak infrastructure; (c) leadership instability; (d) unclear leader roles and responsibilities; (e) poor diffusion of the case practice model, and (f) weak quality control mechanisms. Three recommendations for reducing implementation failures included developing rich pictures to understand system interdependencies, using open communication to facilitate change readiness, and implementing a sustainable quality review system to guide the change process.

What The Gorilla Saw: Environmental Studies And The Novel Ishmael, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

No abstract provided.

Life And Death In The Mental-Health Blogosphere: An Analysis Of Blog Content And Survival, Edward Alan Miller, Antoinette Pole, Bukola Usidame

Department of Political Science and Law Faculty Scholarship and Creative Works

The purpose of this study was to describe a sample of mental-health blogs, to determine the proportion of sampled blogs still posting several years after identification, and to identify the correlates of survival. One hundred eighty-eight mental-health blogs were identified in 2007–08 and revisited in 2014. Eligible blogs were U.S.-based, in English, and active. Baseline characteristics and survival status were described and variation based on blog focus and survival examined. Mental health bloggers tended to be females blogging as patients and caregivers focusing on specific mental illnesses/conditions. The proportion of blogs still active at follow-up ranged from 25.5 percent to …

Segmenting Csa Members By Motivation: Anything But Two Peas In A Pod, Antoinette Pole, Archana Kumar

Department of Political Science and Law Faculty Scholarship and Creative Works

Purpose-The purpose of this paper is to seek to segment CSA members based on their motivations to join a CSA. Design/methodology/approach-Data obtained from an online survey of 565 members belonging to a New York state CSA were analyzed using a combined hierarchical and non-hierarchical cluster analysis. Findings-Based on their motivations to join a CSA results reveal four distinct types of segments among CSA members: No-Frills Member, Foodie Member, Nonchalant Member, and Quintessential Member. Results show all four clusters differ statistically across demographic characteristics including gender, political affiliation, and household income. The clusters differed across psychographic characteristics such as attitudes toward …

What The Gorilla Saw: Environmental Studies And The Novel Ishmael, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The novel Ishmael, a late twentieth-century text, demonstrates how fiction can provide philosophical, political, and moral commentary on humanity's interaction with the environment. Daniel Quinn's 1992 novel offers an example of discourse on environmental ethics and its utility as a way of engaging college students in the study of environmental issues. Ishmael reflected and proposed to address some of the fears of environmental degradation and was the recipient of the Turner Tomorrow Fellowship, which was a one-time award providing a $500,000 prize (McDowell).1Ishmael was generally favorably reviewed in major print media, including The New York Times and Los …

Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The National Popular Vote (NPV) interstate compact proposes to change the presidential election system from a state-based federal system to a national popular vote system. NPV proponents contend states can implement the compact without federal governmental authorization. This article addresses the constitutional questions of whether the NPV must obtain Congress's approval and whether Congress has the constitutional authority to grant such approval. In addressing these questions, I review U.S. Supreme Court precedents and constitutional history and find the NPV is the type of compact the Supreme Court would conclude requires congressional approval. Most importantly, I contend Congress is constitutionally unable …

Federal Roadblocks: The Constitution And The National Popular Vote Interstate Compact, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The National Popular Vote (NPV) interstate compact proposes to change the presidential election system from a state-based federal system to a national popular vote system. NPV proponents contend states can implement the compact without federal governmental authorization. This article addresses the constitutional questions of whether the NPV must obtain Congress’s approval and whether Congress has the constitutional authority to grant such approval. In addressing these questions, I review U.S. Supreme Court precedents and constitutional history and find the NPV is the type of compact the Supreme Court would conclude requires congressional approval. Most importantly, I contend Congress is constitutionally unable …

South-South Relations And The English School Of International Relations: Chinese And Brazilian Ideas And Involvement In Sub-Saharan Africa, Joseph Marques, Tony Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

The rise of large developing countries has led to considerable discussions of re-balancing global relations and giving greater priority to understanding South-South relations. This paper, in exploring the central ideas of Chinese and Brazilian foreign policy and the behavior of these two rising Southern countries toward Sub-Saharan Africa, argues that the English School of International Relations is well suited to understanding the intentions and actions that characterize South-South relations.

O grande aumento de países em desenvolvimento tem levado à ocorrência de discussões consideráveis acerca de um reequilíbrio nas relações globais e dado maior importância à compreensão das relações Sul-Sul. Este …

The First Attempt At Federalizing Tort Law And Why It Failed.", Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

In the 1970s, the US Congress meticulously considered the possibility of creating a federal law of torts. The federal effort began almost a decade after many state supreme courts had expanded manufacturer liability for defective products. The state-level expansion caused a reaction among state and federal legislatures. The initial federal presence took the form of investigatory efforts, but those were soon followed by legislative proposals. The federal legislative proposals occurred simultaneously with some states' efforts to enact their own products liability laws. Although the states' tort laws might present variations on a theme, the possibilities for federal intervention in the …

Hell's Kitchen's Prolonged Crisis And Would-Be Sovereigns: Daredevil, Hobbes, And Schmitt, Tony Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Comic book heroes often have their origins in noir depictions of failed or failing states. The danger involved and the seeming anarchy that necessitates superheroes recall Hobbes's description of a state of nature and Leviathan as resolution. But comic book heroes generally inhabit states that are better identified by the Hobbes-inspired Carl Schmitt. Indeed, this articles argues that while the Hell's Kitchen of Daredevil comics has some characteristics of a state of nature, it is better characterized by the protracted crisis of state that Schmitt sees in liberal democracies. Hobbes and Schmitt elucidate the crisis that generates the need for …

South-South Relations And The English School Of International Relations: Chinese And Brazilian Ideas And Involvement In Sub-Saharan Africa, Anthony Petros Spanakos, Joseph Marques

Department of Political Science and Law Faculty Scholarship and Creative Works

The rise of large developing countries has led to considerable discussions of re-balancing global relations and giving greater priority to understanding South-South relations. This paper, in exploring the central ideas of Chinese and Brazilian foreign policy and the behavior of these two rising Southern countries toward Sub-Saharan Africa, argues that the English School of International Relations is well suited to understanding the intentions and actions that characterize South-South relations.

The Value Of An Interdisciplinary Education For Prospective Law Students, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Undergraduate pre-law education must prepare prospective law students for the challenges of law school and the law school admissions process. Although law school does not require a prerequisite course of study, it is my contention that the optimal undergraduate preparation consists of interdisciplinary liberal arts education. Such a pedagogical approach allows for students to understand law in the context of society and its practice beyond the theoretical fundamentals taught in most law schools. Many law school faculty favor interdisciplinary education in law school and law admissions officials stress liberal arts education for undergraduates. Accordingly, the optimal pre-law undergraduate education should …

Farming Alone? What's Up With The "C" In Community Supported Agriculture, Antoinette Pole, Margaret Gray

Department of Political Science and Law Faculty Scholarship and Creative Works

This study reconsiders the purported benefits of community found in Community Supported Agriculture (CSA). Using an online survey of members who belong to CSAs in New York, between November and December 2010, we assess members' reasons for joining a CSA, and their perceptions of community within their CSA and beyond. A total of 565 CSA members responded to the survey. Results show an overwhelming majority of members joined their CSA for fresh, local, organic produce, while few respondents joined their CSA to build community, meet like-minded individuals or share financial risk with farmers. Members reported that they do not derive …

Liberalism And Postliberalism In Bolivarian Venezuela, Tony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

In the last half-decade, the “rise of the left” in Latin America has been studied extensively by many scholars. Whether framed as one, two, or many lefts, its various party leaders have been vocal in opposition to neoliberalism, although the orientation of their policies and governments toward neoliberalism has been mixed (Panizza 2009). The most influential and visible case of an anti-neoliberal government is that of Venezuelan president Hugo Chávez Frías.

The five books reviewed here, drawing on research on Venezuela, share a common scholarly interest in liberalism, pluralism, and account- ability, although some defend liberalism (Brewer-Carías, Corrales and Penfold), …

Farming Alone? What’S Up With The ‘‘C’’ In Community Supported Agriculture, Antoinette Pole, Margaret Gray

Department of Political Science and Law Faculty Scholarship and Creative Works

This study reconsiders the purported benefits of community found in Community Supported Agriculture (CSA). Using an online survey of members who belong to CSAs in New York, between November and December 2010, we assess members’ reasons for joining a CSA, and their perceptions of community within their CSA and beyond. A total of 565 CSA members responded to the survey. Results show an overwhelming majority of members joined their CSA for fresh, local, organic produce, while few respondents joined their CSA to build community, meet like-minded individuals or share financial risk with farmers. Members reported that they do not derive …

Diagnosis Blog: Checking Up On Health Blogs Inthe Blogosphere, Edward Alan Miller, Antoinette Pole

Department of Political Science and Law Faculty Scholarship and Creative Works

Objectives. We analyzed the content and characteristics of influential health blogs and bloggers to provide a more thorough understanding of the health blogosphere than was previously available.

Methods. We identified, through a purposive–snowball approach, 951 health blogs in 2007 and 2008. All blogs were US focused and updated regularly. We described their features, topics, perspectives, and blogger demographics.

Results. Approximately half of the bloggers in our sample were employed in the health field. A majority were female, aged in their 30s, and highly educated. Two thirds posted at least weekly; one quarter accepted advertisements. Most blogs were established after …

Variation In Health Blog Features And Elements By Gender, Occupation, And Perspective, Edward Alan Miller, Antoinette Pole, Clancey Bateman

Department of Political Science and Law Faculty Scholarship and Creative Works

This study explores whether there are gender and occupational differences in the health blogosphere and whether there are differences by blogger perspective. Data were derived from content analysis of 951 health blogs identified between June 2007 and May 2008. Results indicate that male, physician bloggers were more likely to have blogs that feature a SiteMeter, sponsorship, and advertising, which also were more prevalent among those blogging from a professional perspective. Women, bloggers in non-health-related employment, and patient/consumer and caregiver bloggers were more likely to blog about disease and disability; men, bloggers in health-related employment, and professional bloggers were more likely …

Corruption And Confidence In Public Institutions: Evidence From A Global Survey, Bianca Clausen, Aart Kraay, Zsolt Nyiri

Department of Political Science and Law Faculty Scholarship and Creative Works

Well-functioning institutions matter for economic development. In order to operate effectively, public institutions must also inspire confidence in those they serve. We use data from the Gallup World Poll, a unique and very large global household survey, to document a quantitatively large and statistically significant negative correlation between corruption and confidence in public institutions. This suggests an important indirect channel through which corruption can inhibit development: by eroding confidence in public institutions. This correlation is robust to the inclusion of a large set of controls for country and respondent-level characteristics. Moreover we show how it can plausibly be interpreted as …

Citizen Chávez: The State, Social Movements, And Publics, Anthony Peter Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Scholars are divided over whether the emancipatory politics promised by new social movements can be attained within civil society or whether seizure of the state apparatus is necessary. The Bolivarian Revolution led by President Hugo Chávez presents a crucial case for examining this question. Chávez’s use of the state apparatus has been fundamental in broadening the concept of citizenship, but this extension of citizenship has occurred alongside the deliberate exclusion of others. This has not only limited its appeal as a citizenship project but created counterpublics that challenge the functioning of the government and its very legitimacy. Analysis of Bolivarianism …