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Articles 1 - 18 of 18
Full-Text Articles in Social and Behavioral Sciences
Your Honor’S Misdeeds: The Consequences Of Judicial Scandal On Specific And Diffuse Support, Joshua Boston, Benjamin J. Kassow, Ali S. Masood, David R. Miller
Your Honor’S Misdeeds: The Consequences Of Judicial Scandal On Specific And Diffuse Support, Joshua Boston, Benjamin J. Kassow, Ali S. Masood, David R. Miller
Political Science Faculty Publications
Legitimacy is a bulwark for courts; even when judges engage in controversial or disagreeable behavior, the public tends to acquiesce. Recent studies identify several threats to the legitimacy of courts, including polarization and attacks by political elites. This article contributes to the scholarly discourse by exploring a previously unconsidered threat: scandal, or allegations of personal misbehavior. We argue that scandals can undermine confidence in judges as virtuous arbiters and erode broad public support for the courts. Using survey experiments, we draw on real-world judicial controversies to evaluate the impact of scandal on specific support for judicial actors and their rulings …
Promoting Information And Visual Literacy Skills In Undergraduate Students Using Infographics, Nicole Kalaf-Hughes
Promoting Information And Visual Literacy Skills In Undergraduate Students Using Infographics, Nicole Kalaf-Hughes
Political Science Faculty Publications
Because research and communication proficiency is ubiquitous in the academic and professional world, teaching students the necessary information literacy (IL) and visual literacy (VL) skills has become increasingly important. Integrating IL and VL pedagogy into substantive coursework can enhance students’ comprehension of the material and teach them to make a meaningful contribution to public awareness and understanding of political science. Yet, faculty often find it challenging to include instruction in these skills with necessary coverage of substantive course material. This article discusses the use of an infographic assignment in an introductory American government course as a tool to teach literacy …
The Electoral Connection In Court: How Sentencing Responds To Voter Preferences, Joshua Boston, Bernardo S. Silveira
The Electoral Connection In Court: How Sentencing Responds To Voter Preferences, Joshua Boston, Bernardo S. Silveira
Political Science Faculty Publications
Do elected judges tailor criminal sentences to the electorate’s ideology? Utilizing sentencing data from North Carolina’s Superior Courts—which transitioned from statewide to local elections in 1996—we study whether judges are obliging to voters’ preferences. We find some evidence of responsiveness: judges from liberal districts were more lenient, while those from moderately conservative districts assigned harsher sentences. Judges from increasingly conservative districts did not change their sentencing patterns, which leads to lower re-election rates. These findings suggest that judges adapt their behavior to retain office, or else they are held accountable by the public.
Political Competition And Judicial Independence: How Courts Fill The Void When Legislatures Are Ineffective, Joshua Boston, David Carlson, J. Brandon Duck-Mayr, Greg Sasso
Political Competition And Judicial Independence: How Courts Fill The Void When Legislatures Are Ineffective, Joshua Boston, David Carlson, J. Brandon Duck-Mayr, Greg Sasso
Political Science Faculty Publications
What effect does political competition have in generating de facto judicial independence? We argue that competition in a legislature can drive increases in de facto judicial independence. Our game-theoretic model reveals that increased competition for seats impedes legislators’ ability to enact their platforms, regardless of government turnover probability, and increased legislative fractionalization also makes court intervention more likely. Utilizing a sample of democratic states, empirical evidence suggests when a country’s legislature is increasingly fractionalized among parties or has increasing seat turnover, we observe increases in de facto independence. This research provides new perspectives on the link between independence and competition.
Making The Machine Work: Technocratic Engineering Of Rights For Domestic Workers At The International Labour Organization, Leila Kawar
Political Science Faculty Publications
In September 2013, the International Labour Organization (ILO) Convention concerning decent work for domestic workers entered into force, thereby bringing domestic workers into the mainstream of labor law. This article explores how the interests of the ILO’s constituents were shaken up and reconfigured to build support for new labor protections amidst the shifting global context of deregulation. I argue that technocratic devices—charts, questionnaires, and paragraph formatting—wielded by ILO insiders contributed to this development by creating epistemic space for this new category of employees to be recognized and for consensus to be secured on appropriate labor standards for this group. I …
Commanding Legality: The Juridification Of Immigration Policymaking In France, Leila Kawar
Commanding Legality: The Juridification Of Immigration Policymaking In France, Leila Kawar
Political Science Faculty Publications
The emergence of constitutional review in France has attracted substantial attention from scholars of public law. Yet little has been written about the political implications of the expansion of rights-based review on the part of France's highest administrative jurisdiction, the Conseil d'Etat. The argument is made in this paper that repeat litigation by French lawyers defending the cause of immigrants is an important site for observing the symbolic power of legal forms. The analysis focuses on cases challenging immigration-related administrative regulations and shows how the process of repeatedly adjudicating these issues has focused attention away from litigants and their claims …
Cedaw And Gender Violence: An Empirical Assessment, Neil A. Englehart
Cedaw And Gender Violence: An Empirical Assessment, Neil A. Englehart
Political Science Faculty Publications
Does the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW) reduce violence against women? CEDAW has the distinction of being an unusually effective human rights treaty: promoting women’s political rights in particular, having a modest effect on women’s social rights, but showing little or no effect on economic rights.1 However, unlike these other rights, the CEDAW Treaty does not explicitly mention violence. The CEDAW Committee interpreted the Treaty as covering gender violence after the fact. It issued General Recommendations in 1989 and 1992 mandating states to collect information and take action on the issue, respectively.2 The …
Juridical Framings Of Immigrants In The United States And France: Courts, Social Movements, And Symbolic Politics, Leila Kawar
Juridical Framings Of Immigrants In The United States And France: Courts, Social Movements, And Symbolic Politics, Leila Kawar
Political Science Faculty Publications
This paper reexamines the engagement of U.S. and French courts with immigration politics, aiming to provide a fuller accounting of how law and immigration politics shape one another. Jurisprudential principles are placed in national and historical context, elucidating the role of rights-oriented legal networks in formulating these arguments during the 1970s and early 1980s. The analysis traces how these judicial constructions of immigrants subsequently contributed to catalyzing a transformation of immigration politics in both countries. Immigrant rights jurisprudence is shown to be produced by, as well as productive of, broader political values, agendas, and identities.
New Directions In Comparative Public Law, Leila Kawar, Mark Fathi Massoud
New Directions In Comparative Public Law, Leila Kawar, Mark Fathi Massoud
Political Science Faculty Publications
No abstract provided.
Two Cheers For Burma’S Rigged Election, Neil A. Englehart
Two Cheers For Burma’S Rigged Election, Neil A. Englehart
Political Science Faculty Publications
Burma’s recent election was clearly not free and fair. However, it can also be seen as improving a uniquely unrepresentative government, creating greater pluralism, and institutionalizing differences within the ruling junta. Even the rigged election may have created opportunities for further opening in the future.
Legal Mobilization On The Terrain Of The State: Immigrant Rights Practice In Two National Legal Fields, Leila Kawar
Legal Mobilization On The Terrain Of The State: Immigrant Rights Practice In Two National Legal Fields, Leila Kawar
Political Science Faculty Publications
Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo-American legal tradition. The politics of law and social movements in other national legal contexts remains under-examined. The analysis in this article contrasts legal mobilizations for immigrant rights in France and the United States and explores the relations between national fields of power and legal practices. I trace the institutionalization of immigrant rights legal organizations in each country, and argue that the divergent organizational forms and litigation strategies adopted by “professionalized” movement organizations reflect the dynamics of the nationally-distinct …
Finding A Place For Marginal Migrants In The International Human Rights System, Leila Kawar
Finding A Place For Marginal Migrants In The International Human Rights System, Leila Kawar
Political Science Faculty Publications
This article examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.
Legality And [Dis]Membership: Removal Of Citizenship And The Creation Of ‘Virtual Immigrants', Leila Kawar
Legality And [Dis]Membership: Removal Of Citizenship And The Creation Of ‘Virtual Immigrants', Leila Kawar
Political Science Faculty Publications
This article seeks to show that liberal law continues to justify and legitimize displacements of minority populations, even in an age of universal human rights. As demonstrated by the Israeli court’s 1988 decision legitimating the deportation of Mubarak Awad, citizenship and immigration laws provide juridical justifications for contemporary ethno-national settler projects. In the aftermath of a territorial conflict that defines or redefines the bounds of the state, racially-marked indigenous populations are vulnerable to being legally recast as “aliens” or “virtual immigrants.” National conflict may thus be transformed by legal formalism into a question of immigration law, allowing the power relations …
Tale Of Two Afghanistans: Comparative Governance And Insurgency In The North And South, Neil A. Englehart
Tale Of Two Afghanistans: Comparative Governance And Insurgency In The North And South, Neil A. Englehart
Political Science Faculty Publications
Afghanistan is often depicted as a failing state, but its failures display distinctive patterns over time and space. Regional variations in governance have been important in shaping the ways the Afghan state has failed and the consequences of these failures. This article argues that a history of better governance in the north facilitated the disarmament of militia warlords and comparative stability. By contrast, the south has a long history of minimal formal governance, creating opportunities for increased Taliban insurgency.
Protecting Paradise: A Cross-National Analysis Of Biome-Protection Policies, Candace Archer, Shannon Orr
Protecting Paradise: A Cross-National Analysis Of Biome-Protection Policies, Candace Archer, Shannon Orr
Political Science Faculty Publications
Land protection policies such as creating and preserving national parks have been promoted to counter global threats to the environment and to conserve biodiversity. We know little, however, about the country characteristics that might be good predictors of whether states will choose to protect land or not. What factors within a state need to be the focus of global attention or need to be encouraged to promote land-protection policies? Using the global standard of 10% ecoregion protection, we test four categories of predictors–biodiversity, environmental threats, politics (such as treaty participation and NGO activity), and economics (such as GDP and trade …
Is Regime Change Enough For Burma? The Problem Of State Capacity, Neil A. Englehart
Is Regime Change Enough For Burma? The Problem Of State Capacity, Neil A. Englehart
Political Science Faculty Publications
The U.S. and the EU employ sanctions to encourage regime change in Burma. This policy ignores serious problems of state capacity that impede a transition to democracy and would plague any transitional regime. Engagement with the current regime on issues of state capacity would improve the chances for a transition.
Democracy And The Thai Middle Class: Globalization, Modernization, And Constitutional Change, Neil A. Englehart
Democracy And The Thai Middle Class: Globalization, Modernization, And Constitutional Change, Neil A. Englehart
Political Science Faculty Publications
Although democratization in Thailand in the 1990s is commonly characterized as a classic case of modernization theory in action, economic globalization provides a better explanation for Thailand's democratization process. Economic growth in the country has been based on foreign capital and has created a globalized economy sensitive to the confidence of world capital markets. Moreover, the Thai middle classes cannot be characterized as having coherent political preferences, and it is arguable that the 1992 middle class protests were more about suspicions of official corruption than about democracy.
Rights And Culture In The Asian Values Argument: The Rise And Fall Of Confucian Ethics In Singapore, Neil A. Englehart
Rights And Culture In The Asian Values Argument: The Rise And Fall Of Confucian Ethics In Singapore, Neil A. Englehart
Political Science Faculty Publications
The claim that cultural factors such as "Asian Values" really do militate against democracy and human rights is evaluated. The Asian Values claims of the Singapore government--both in its first incarnation, as Confucian Ethics, and its current form, as Shared Values--have actually been advanced for political and ideological reasons and have very little to do with the traditional mores of the population.