Political Science Commons^™

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Annelise Riles

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A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Annelise Riles

This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …

Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles

Annelise Riles

“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Annelise Riles

No abstract provided.

Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana

Aziz Rana

No abstract provided.

Responses To The Ten Questions, Aziz Rana

Aziz Rana

This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Aziz Rana

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks

Jeffrey J Rachlinski

The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.

The Highly Political Supreme Court, Riley Lane Munks

Student Scholar Symposium Abstracts and Posters

This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …

Discovering A Gold Mine Of U.S. Government Information: Exploring The Hathitrust Catalog And Its Rich Veins, Bert Chapman

Libraries Faculty and Staff Presentations

The Hathitrust Catalog provides researchers at member institutions with exponentially expanded access to historical U.S. Government information resources. This presentation describes how researchers can use this resource to conduct substantive research using government information resources on public policy issues such as Internal Revenue Service program problems, infectious diseases such as Ebola, and U.S. foreign relations with the former Soviet Union/Russian Federation.

Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz

Senior Honors Projects

Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a newborn …

ظهور پيدايش قدرت هاى نهادی در دولت ایران وتأثير آن در مذاكرات با ايالات متحده, Ahmed Souaiaia

Ahmed E SOUAIAIA

Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro

Doctoral Dissertations

My dissertation offers a new framework through which to theorize contemporary democratic practices by attending to the political agency of unauthorized immigrants. I argue that unauthorized immigrants themselves, by claiming their own ambiguous legal condition as a legitimate basis for public speech, are able to open up the boundaries of political membership and to render the foundations of democracy contingent, that is to say, they are able to reopen the question about who counts as a member of the demos. I develop this argument by way of a close reading of Sophocles’ tragedy Antigone[1], which allows me to …

U.S. State Department International Law Internship And Employment Presentation And Discussion, Michael E. Thurston Famu Diplomat-In Residence

Environmental and Animal Law

The Center for International Law & Justice presents a discussion and presentation by Michael E. Thurston, a Senior Foreign Service officer, who is currently serving as Diplomat-in-Residence based at Florida A & M University in Tallahassee. Mr. Thurston has served in Afghanistan, Burma, various locations in Africa, Australia, Sri Lanka, and Mexico.

On The Road To Watershed Hustings, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan noted that with just 23 months left in the 12th Parliament's five-year term, the next polls, which will have to be held by Jan 9, 2017, promise to be the watershed general election. He also commented that it will almost certainly be a straight fight between the ruling People's Action Party and the Workers' Party, providing some indication of whether Singapore is evolving from a one-party dominant to a two-party political system.

Determining Extraterritoriality, Franklin A. Gevurtz

William & Mary Law Review

This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.

Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher

William & Mary Bill of Rights Journal

No abstract provided.

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.

Three Questions For The "Right To Vote" Amendment, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

William & Mary Bill of Rights Journal

No abstract provided.

Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh

William & Mary Bill of Rights Journal

No abstract provided.

El Futuro Del Tribunal De Aforados, Javier Revelo-Rebolledo

Javier E Revelo-Rebolledo

No abstract provided.

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …

The Death Penalty’S “Finely Tuned Depravity Calibrators” Fairness Follies Of Fairness Phonies Fixated On Criminals Instead Of Crimes, Lester Jackson

LESTER JACKSON

It has been loudly and repeatedly proclaimed by opponents that capital punishment is “unfair.” In their view, it is unfair because (1) only some murderers receive the ultimate sentence and (2) they are not the most deserving. Underlying this view is the remarkable assumption that fairness is subject to “fine tuning” and “moral accuracy.” It is argued here that this assumption is indefensible both in theory and in practice. As a theoretical matter, it is insupportable to suggest that matters of conscience, right and wrong, are subject to calibration or “accuracy.” Right and wrong are not determined in the same …

Trends In Fdi, Home Country Measures And Competitive Neutrality, Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, Witold P. Wilinski

Karl P. Sauvant

This chapter focusses on measures that home countries have in place to facilitate and encourage outward FDI, the conditions under which these are available and implications for competitive neutrality.

Congress's Treaty-Implementing Power In Historical Practice, Jean Galbraith

William & Mary Law Review

Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored sources, this Article considers the historical roots of Congress’s power to implement U.S. treaties between the Founding Era and the seminal case of Missouri v. Holland in 1920. It shows that time after time, members of Congress understood the Necessary and Proper Clause to provide a constitutional basis for a congressional power to implement …