Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Penn State Law (10)
- William & Mary Law School (8)
- Selected Works (7)
- University of Pennsylvania Carey Law School (5)
- Duke Law (3)
-
- Purdue University (2)
- Central Washington University (1)
- College of Saint Benedict and Saint John's University (1)
- Columbia Law School (1)
- Kennesaw State University (1)
- Penn State Dickinson Law (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- SelectedWorks (1)
- The University of San Francisco (1)
- University of Maryland Francis King Carey School of Law (1)
- Keyword
-
- International criminal court (7)
- American Politics (6)
- ICC (6)
- Statehood (6)
- Washington D.C. (6)
-
- ICJ (5)
- ICTY (5)
- International criminal justice (5)
- Constitutional history (3)
- Political theory (3)
- Politics (3)
- United States history (3)
- Arab Spring (2)
- Constitutional law (2)
- Iran (2)
- Partisanship (2)
- ACademic Privilege (1)
- Administrative law (1)
- Agencies (1)
- Albert Gallatin (1)
- Alexander Hamilton (1)
- And exit from treaties; sample clauses (1)
- And interpretation of treaties; breach (1)
- Application (1)
- Aretaic legislation (1)
- BASEL III (1)
- Baptists and bootleggers (1)
- Barack Obama (1)
- Belfast Project Litigation (1)
- Bluman v. FEC (1)
- Publication
-
- Penn State Journal of Law & International Affairs (10)
- William & Mary Bill of Rights Journal (7)
- All Faculty Scholarship (5)
- Faculty Scholarship (4)
- Christopher H Hoebeke (3)
-
- Libraries Faculty and Staff Scholarship and Research (2)
- All Master's Theses (1)
- Aziz Rana (1)
- Capstone Collection (1)
- Celebrating Scholarship & Creativity Day (2011-2017) (1)
- Donald J. Kochan (1)
- Faculty Scholarly Works (1)
- Jeffrey J Rachlinski (1)
- Keith J. Bybee (1)
- Mary Ellen O'Connell (1)
- Master's Theses (1)
- Oglethorpe Journal of Undergraduate Research (1)
- Student Articles and Papers (1)
- William & Mary Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 44
Full-Text Articles in Political Science
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Aziz Rana
No abstract provided.
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
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.
The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken
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
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
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.
Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher
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.
"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb
"…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.
Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh
Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh
William & Mary Bill of Rights Journal
No abstract provided.
Trade, Bert Chapman
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Revenue, U.S. Government, Bert Chapman
Revenue, U.S. Government, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.
On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic, Joseph W. Alliance
On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic, Joseph W. Alliance
Capstone Collection
The purpose of this study was to explore how conflict and underdevelopment impact Haitian construction workers’ experiences and their basic human needs situation in the Dominican Republic. The Basic Human Needs Theory served as the main theoretical background to approach the topic. Qualitative data were gathered by employing a self- administered, one-time survey and conducting semi-structured interviews with 25 Haitian construction workers in sites located in the Distrito Nacional in the capital city, Santo Domingo and the Consuelo municipality in San Pedro de Macoris. Absence of work in Haiti for the very poor, systematic lack of access to social security, …
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Master's Theses
This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Oglethorpe Journal of Undergraduate Research
America has fallen behind in women's leadership, especially in politics. In the approaching era, there will be more viable female political candidates than ever in the past, but will the public be prepared to elect a woman to high office? Studies suggest that mentalities toward female leadership have taken a shift in a positive direction. The idea of what an 'ideal' politician must offer is more feminine in the modern era than ever before. In the age of social media, female politicians have opportunities to reach more constituents through social media in a more effective way than has been offered …
The Partisanship Spectrum, Justin Levitt
The Partisanship Spectrum, Justin Levitt
William & Mary Law Review
In a polarized political environment, allegations of excessive partisanship by public actors are ubiquitous. Commentators, courts, and activists levy these allegations daily. But with remarkable consistency, they do so as if “partisanship” described a single phenomenon. This Article recognizes that the default mode of understanding partisanship is a descriptive and diagnostic failure with meaningful consequences. We mean different things when we discuss partisanship, but we do not have the vocabulary to understand that we are talking past each other.
Without a robust conceptualization of partisanship, it is difficult to treat pathologies of partisan governance. Indeed, an undifferentiated approach to partisanship …
Jlia 3:1 - The Future Of International Criminal Justice
Jlia 3:1 - The Future Of International Criminal Justice
Penn State Journal of Law & International Affairs
No abstract provided.
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Celebrating Scholarship & Creativity Day (2011-2017)
No abstract provided.
Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen
Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen
Penn State Journal of Law & International Affairs
Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …
National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz
National Security And The Protection Of Constitutional Liberties: How The Foreign Terrorist Organization List Satisfies Procedural Due Process, Aaron Schwartz
Penn State Journal of Law & International Affairs
Foreign terrorist organizations pose a real and constantly evolving threat to U.S. national security. The Foreign Terrorist Organization (FTO) List seeks to temper that threat by extending the U.S. government an effective legal tool to identify and sanction members of terrorist organizations and those who support them. At the same time, however, the government must also ensure that its efforts to protect U.S. citizens do not trample constitutionally protected rights. This comment begins by exploring the FTO List's authorizing legislation and the policy and goals of that legislation. The comment then reviews and analyzes a series of cases discussing the …
Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz
Third Time’S The Charm: Will Basel Iii Have A Measurable Impact On Limiting Future Financial Turmoil?, Erin Pentz
Penn State Journal of Law & International Affairs
The Great Recession of 2008 caused banking failures around the globe. The Basel Committee on Banking Supervision responded swiftly to create new minimum capital requirements for financial institutions in hopes of preventing additional failures and warding off future crises. Although the new capital standards that Basel III proposes are a step in the right direction, those standards alone will not be sufficient to prevent future bank failures in times of economic decline. Rather, true financial sector stability requires adequate capitalization of all institutions in terms of quality and quantity of capital, a strong regulatory framework, and a limitation on the …
International Institutions And The Resource Curse, Patrick Keenan
International Institutions And The Resource Curse, Patrick Keenan
Penn State Journal of Law & International Affairs
Many countries that are richly endowed with natural resources have failed to turn that resource wealth into sustained development. In many places, a small coterie of elites has become rich while most citizens see little benefit from their country’s vast resource wealth. A principal cause of this problem, often called the resource curse, is weak domestic institutions that permit leaders to enrich themselves and ignore the development needs of the country. From this, most scholars and policymakers have concluded that the way to fix the resource curse is to reform domestic institutions.
This article challenges the conventional wisdom and argues …
The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud
The Arab Spring’S Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake, Aqsa Mahmud
Penn State Journal of Law & International Affairs
In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …
The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen
The Impact Of The Icty On Atrocity-Related Prosecutions In The Courts Of Bosnia And Herzegovina, Yaël Ronen
Penn State Journal of Law & International Affairs
The International Criminal Tribunal for Yugoslavia was not mandated to proactively promote domestic prosecutions of war-related crimes. However, its operation may have had some impact on domestic proceedings concerning war-related crimes in Bosnia and Herzegovina. The object of this article is to identify and explain this impact, with respect to qualitative (institutional legal capacities), quantitative (rates of prosecution and trends in sentencing), and normative (the adoption and application of criminal law norms) benchmarks.
The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram Dana
The Limits Of Judicial Idealism: Should The International Criminal Court Engage With Consequentialist Aspirations?, Shahram Dana
Penn State Journal of Law & International Affairs
Idealism about what international criminal justice mechanisms can achieve has lead to ideologically driven judicial decision-making in international criminal law (ICL). ICL idealism manifests itself in the belief that international criminal prosecutions can achieve an awesome array of goals. These include retribution, deterrence, reconciliation, rehabilitation, incapacitation, restoration, building a historical record, preventing revisionism, expressive and didactic functions, crystallizing international norms, general affirmative prevention, establishing peace, preventing war, vindicating international law prohibitions, setting standards for fair trials, combating impunity, and more. Ironically, this idealistic overreach, although usually well intended, has actually contributed to the politicization of the international judicial process.
The …
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome
Penn State Journal of Law & International Affairs
The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …
Foreword, Claudio Grossman
Foreword, Claudio Grossman
Penn State Journal of Law & International Affairs
No abstract provided.
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
William & Mary Bill of Rights Journal
During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …
The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla
The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla
Mary Ellen O'Connell
International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …
Justice Stewart Meets The Press, Keith Bybee
Justice Stewart Meets The Press, Keith Bybee
Keith J. Bybee
Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of his colleagues …
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
Student Articles and Papers
Starting in August 2011, America has undergone a series of fiscal and political crises surrounding the threat of defaulting on the national debt and the need to raise the debt ceiling. These crises have caused tremendous stress and irreparable harm to our financial markets and political system, causing a downgrade in United States debt for the first time in history, forcing drastic budget cuts, and contributing to a sixteen-day government shutdown this past October. What is most unfortunate, however, is that all of this was preventable for the simple reason that, as a matter of constitutional law, defaulting on the …
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …