Social and Behavioral Sciences Commons^™

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Alexander Hamilton’S Vision Of An American Monarchy, Madeline Clarke

Compass: An Undergraduate Journal of American Political Ideas

Alexander Hamilton’s underlying arguments in The Federalist Papers and the Pacificus-Helvidius Debates of 1793-1794 expand the power of the presidency and display Hamilton’s desire for a king-like president of the United States, much like Great Britain’s monarch.

Author information: Madeline Clarke is an honors student from Ashland, Missouri, at the University of Missouri-Columbia studying political science and geography with a minor in American Constitutional Democracy. She is currently a Kinder Institute on Constitutional Democracy Undergraduate Fellow in addition to serving as president of Gamma Theta Upsilon Geography Honor Society, an executive board member of Pi Sigma Alpha Political Science Honor …

The Affordable Care Act In The States: Fragmented Politics, Unstable Policy, Daniel Beland, Philip Rocco, Alex Waddan

Political Science Faculty Research and Publications

Many argue that the frustrated implementation of the 2010 Affordable Care Act (ACA) stems from the unprecedented level of political polarization that has surrounded the legislation. This article draws attention to the law's “institutional DNA” as a source of political struggle in the 50 states. As designed, in the context of US federalism, the law fractured authority in ways that has opened up the possibility of contestation and confusion. The successful implementation of the ACA varies not only across state lines but also across the various components of the law. In particular, opponents of the ACA have experienced their greatest …

Stuck In Neutral? Federalism, Policy Instruments, And Counter-Cyclical Responses To Covid-19 In The United States, Philip Rocco, Daniel Beland, Alex Waddan

Political Science Faculty Research and Publications

Federalism plays a foundational role in structuring public expectations about how the United States will respond to the COVID-19 pandemic, as both an unprecedented public-health crisis and an economic recession. As in prior crises, state governments are expected to be primary sites of governing authority, especially when it comes to immediate public-health needs, while it is assumed that the federal government will supply critical counter-cyclical measures to stabilize the economy and make up for major revenue shortfalls in the states. Yet there are reasons to believe that these expectations will not be fulfilled, especially when it comes to the critical …

"Is It Viable To Have A Fully-Functional Multiethnic State In Modern Society? A Dual Regional Inquiry", Anike Tella-Martins

Senior Theses

Throughout the world, regardless of economic status, there have been multiple complications with the lives and experiences of minorities in multiethnic state populations. Research regarding multiethnic state populations either have a Western focus or contrast non-Western multiethnic cultural formations from Western ones. Neither of these trends fully delve into the heart of this global issue. The inquiry examines whether or not a fully functional multiethnic state can exist in today’s world. By studying two emerging middle powers, Nigeria and Pakistan, it would be an indicator as to whether or not a nation state of this construction is plausible for not …

State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah

Dickinson Law Review (2017-Present)

In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Faculty Articles

One thing we have seen today that we talk about in health law all the time is how the policy, the laws and institutions up at the 10,000 foot level, can so dramatically influence the personal, people’s lived experiences. Our speakers today have done a really great job of drawing out abstract institutional questions and also showing us how those questions have influenced the lives of real people in often tragic ways. Another thing we have seen that we talk about in administrative law all the time is the importance of expertise, especially given how hard it is to trace …

The Superfluous Fifteenth Amendment?, Travis Crum

Scholarship@WashULaw

This Article starts a conversation about reorienting voting rights doctrine toward the Fifteenth Amendment. In advancing this claim, I explore an unappreciated debate—the “Article V debate”—in the Fortieth Congress about whether nationwide black suffrage could and should be achieved through a statute, a constitutional amendment, or both. As the first significant post-ratification discussion of the Fourteenth Amendment, the Article V debate provides valuable insights about the original public understandings of the Fourteenth and Fifteenth Amendments and the distinction between civil and political rights.

The Article V debate reveals that the Radical Republicans’ initial proposal for nationwide black suffrage included both …

The Codification Of American Federalism: An Analysis Of Events Preceding The Ratification Of The United States Constitution, Timothy Spangler

Capstone Showcase

The focus of my project is American Federalism, a cornerstone of American political thought for centuries. American Federalism is a political system where power is divided between federated states and a central government, and the federated states retain a large portion of their original independence and police powers. The question this project seeks to answer is: How and why did the idea of a federated system, where the states retain their own sphere of sovereignty, become codified in American political thought? Scholars have attempted to answer this question, but their arguments look at American Federalism in a vacuum and ignore …

Federalism As A Double-Edged Sword: The Slow Energy Transition In The United States, Roger Karapin

Publications and Research

Much literature on federalism and multi-level governance argues that federalist institutional arrangements promote renewable-energy policies. However, the U.S. case supports a different view, that federalism has ambivalent effects. Policy innovation has occurred at the state level and to some extent has led to policy adoption by other states and the federal government, but the extent is limited by the veto power of fossil-fuel interests that are rooted in many state governments and in Congress, buttressed by increasing Republican Party hostility to environmental and climate policy. This argument is supported by a detailed analysis of five periods of federal and state …

Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz

Honors Undergraduate Theses

While reading a news article about the upcoming presidential election one day, I noticed a trend. The vast majority of political articles discuss what the federal government should do, but almost never cover what it could do. In elementary school, American children are taught that the Constitution, a 4,543-word document, is the place from which all federal power is derived; but the Constitution says nothing about the regulation of travel, narcotics, or the vast majority of other areas that affect the way we live our daily lives, so where does that power come from? After some preliminary research, I discovered …