Political Theory Commons^™

Dimensions Of Delegation, Cary Coglianese

All Faculty Scholarship

How can the nondelegation doctrine still exist when the Supreme Court over decades has approved so many pieces of legislation that contain unintelligible principles? The answer to this puzzle emerges from recognition that the intelligibility of any principle dictating the basis for lawmaking is but one characteristic defining that authority. The Court has acknowledged five other characteristics that, taken together with the principle articulating the basis for executive decision-making, constitute the full dimensionality of any grant of lawmaking authority and hold the key to a more coherent rendering of the Court’s application of the nondelegation doctrine. When understood in dimensional …

Democracy Unchained: Contractualism, Individualism, And Independence In Buchanan’S Democratic Theory, John Thrasher

Philosophy Faculty Articles and Research

Contrary to the claims of some of his critics, James Buchanan was an ardent democrat. I argue that Buchanan’s conception of democratic governance organized by a contractually justified constitution is highly distinctive because of his commitment to a strong conception of individualism. For Buchanan, democracy is neither justified instrumentally—by the goods it generates—nor by reference to some antecedent conception of justice. Instead, democracy is the only political option for a society that takes individualism seriously. One implication of this view is that democracies can only be limited by the rules they collectively give themselves in the form of constitutions. I …

Contract Law And The Liberalism Of Fear, Nathan B. Oman

Faculty Publications

Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. There are, however, many strands of liberal thought and which of them best justifies contract is a difficult question. In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller offer a vision of contract based on autonomy. Drawing on the work of Joseph Raz, they argue that extending autonomy should be the law’s primary concern, which requires that we extend the range of contractual choices available. While there is much to admire in their work, I argue that autonomy as conceived by Dagan and Heller …

The Philippines In 2018: A Year Of Disruption And Consolidation, Arjan P. Aguirre

Political Science Department Faculty Publications

2018 is a year of so much uneasiness and tension in Philippine politics. It saw one of the greatest crises in the Supreme Court, the bloodiest period in local politics of late, and successive attempts to silence critics of the president and the government. This year also witnessed major political alignments in the Duterte administration: a change in the leadership of the Senate, the election of Gloria Macapagal Arroyo as Speaker of the House, the rivalry between Hugpong ng Pagbabago and Partido Demokratiko ng Pilipinas-Lakas ng Bayan, and the eventual termination of the alliance with the radical left. This review …

Melville's Billy Budd And Plato's Republic: Sea Captains And Philosopher-Kings, Rob Atkinson

Scholarly Publications

This article shows how Melville's Billy Budd, rightly one of law and literature's most widely studied canonical texts, answers Plato's challenge in Book X of the Republic: Show how "poets" create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic's philosopher-king, even as his story is precisely the sort of "poetry" that Plato should willingly allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law's agents must be wise, even as their law must be philosophical, if …

A New Campaign Strategy Informed By Pragmatism: Running On A Platform Of Expanding Voting Accessibility, Aaron Martin, Zoe B. Pidgeon, Robert Calimente, Alexandra D'Antonio, Albi Taipi

Honors Scholarly Publications

Voter disillusionment is commonplace in the United States, with many eligible voters either choosing not to or altogether unable to exercise their right to vote. To the former, in 2016 alone, nearly 40 percent of eligible voters did not vote. Although it is an issue that extends to the health of a democracy, voting itself is not one that is central to campaign platforms, with candidates running on more high-profile issues such as healthcare or the economy. A solution to voter disillusionment is for pragmatically minded candidates to organize their campaigns around voter expansion as a means to build winning …

The Divided Labor Of Attack Advertising In Congressional Campaigns, Kenneth M. Miller

Political Science Faculty Research

This article offers a theory of how party networks divide the labor of attacking opponents. Using an extensive data set of campaign advertising from the 2010 and 2012 congressional elections augmented with Nielsen television ratings data, it is shown that candidates attack opponents less when supporting outside groups attack more. Due to differences in how outside groups and candidates attack opponents, when candidates partially outsource attack advertising to independent expenditure groups, attacks in that campaign become more issue and policy based. Thus, in perhaps an unintended consequence of the divided labor of attack advertising, outside group involvement makes it more …

Us And The Cold War In Latin America, Thomas Field

Publications

The Cold War in Latin America had marked consequences for the region’s political and economic evolution. From the origins of US fears of Latin American Communism in the early 20th century to the collapse of the Soviet Union in the early 1990s, regional actors played central roles in the drama. Seeking to maximize economic benefit while maintaining independence with regard to foreign policy, Latin Americans employed an eclectic combination of liberal and anti-imperialist discourses, balancing frequent calls for anti-Communist hemispheric unity with periodic diplomatic entreaties to the Soviet bloc and the nonaligned Third World. Meanwhile, US Cold War policies toward …

Marxist Implementation Of Climate Change As A Geopolitical Fear Tactic, Katelyn Larossa

Senior Honors Theses

In recent years the climate change debate has shifted from the peripheries of international political discussions to center stage, manifesting in the Paris Agreement in November of 2016 under the United Nations Framework Convention on Climate Change. However, the science behind the climate change debate is disputed and does not support the claims made by global leaders who continue to push for increasing environmental regulations and financial aid to those most adversely affected by the supposed climate change (underdeveloped and developing nations). Examining the geopolitical and economic implications of climate change actions reveals the underlying political philosophies guiding global leaders. …

Presidential Power And Its Expanding Influence: Suggestions On How To Strengthen Checks And Balances., Jesse Hooker

Honors Projects

The purpose of this essay is to recommend to Congress actions that can be taken to retake power from the Executive Branch without violating the norms of institutional forbearance and mutual toleration. In doing this, the essay first looks at the rise of the Executive Branch and the contributing factors in part two. Part three examines the benefits of checks and balances as well as the founders intent. In part Four, the essay examines congressional actions taken in the past to curb the accumulation of power as well as making suggestions for how Congress and the Supreme Court should act …

Falta De Dirección: Conflictos Dentro Del Movimiento Indígena De La Provincia De Chimborazo, Yann Dardonville

Independent Study Project (ISP) Collection

Desde la llegada de los españoles al Ecuador hace más de quinientos años, la provincia de Chimborazo ha sido la cuna de mucha resistencia y rebelión. Pero es en el último medio siglo que el movimiento indígena ha podido lograr cambios significativos: en primero con la abolición del sistema hacendado; y después, con la ratificación de dos constituciones que reconocen la plurinacionalidad y el modelo social del Sumak Kawsay, entre otras cosas. Sin embargo, en Chimborazo, estos logros han sido acompañados por nuevos conflictos dentro del movimiento. Esta monografía tiene como meta identificar estos nuevos problemas, y utiliza los conceptos …

Political Identification: How Parental Values Are Influenced, Nina I. Rubenstein

Student Publications

Politics is an ever-growing part of American culture and, as a result, party identification has become an integral part of many Americans’ identity. Party affiliation largely impacts the values of different individuals. Using the 2012 National Election Survey, I evaluate the influence of party identification on what is seen as more valuable traits in children. Specifically, I focus on the preference of obedience over self-reliance and independence over respect. I find that in a comparison of individuals, when controlled for race, the opinions across non-white respondents of different political identifications are indistinguishable. Additionally, I find that among white respondents, those …

Oil Wealth And Gender In Political And National Belonging, Caroline M. Bosworth

Student Publications

Oil-based economies drive a connection between national identity and support for patriarchal belonging. Oil wealthy nations ensure that both men and women are excluded from political participation, and thus have a weak civil society. Through entrenching the population in the benefits of the oil economy, rentier states affirm that there is a high level of national identity. A weak civil society and the patriarchal nature of the oil wealth disenfranchises men and women, thus increasing women’s belief in the effectiveness of a male leader.

A Roundtable For Victoria M. Grieve, Little Cold Warriors: American Childhood In The 1950s, Thomas Field Jr., Julia L. Mickenberg, Lori Clune, Mary Brennan, Donna Alvah, Victoria M. Grieve

Publications

Dr. Thomas Field introduces a roundtable discussion of Victoria M. Grieve's Little Cold Warriors: American Childhood in the 1950s, providing a synopsis of reviewer critiques before the reviewers expand on their views and the author responds.

A Funny Thing Happened On The Way To The Forum: Prospects For An Ethical Theory Of Accountability, Melvin Dubnick

Faculty Publications

This paper is intended to restate the case for the development of an "ethical theory of accountability" as an alternative to current theoretical frames being applied by students of accountable governance. I would emphasize the word "alternative" at this juncture, noting that an ethical theory should not be regarded as replacement for current models; rather it is offered as a reframing of accountability that can provide a significantly different perspective -- one rooted in (and built upon) ontologically distinct presuppositions about the nature of account-giving/receiving.

Central to the effort is establishing accountability as the capacity to engage in account-giving/receiving behavior …

Space And Identity: Mexican-American Dance Halls In The Quad Cities, Crystal Salazar

Eddie Mabry Diversity Award

No abstract provided.

H-Diplo Article Review 831- Field Jr. On D’Haeseleer. “American Civic Action: The National Campaign Plan And The Failure To Win ‘Hearts And Minds’ In El Salvador.”, Thomas Field

Publications

The author - Dr. Thomas Field - reviews Brian D’Haeseleer's article “American Civic Action: The National Campaign Plan and the Failure to Win ‘Hearts and Minds’ in El Salvador.” This article appeared in Diplomacy and Statecraft, issue 26:3 (2015), on pages 494-513. DOI: https://doi.org/10.1080/09592296.2015.1067527.

Using Cognitive Mapping To Longitudinally Examine Political Brand Associations, Ewan Macdonald, Roger Sherlock, John Hogan

Articles

This paper uses cognitive mapping techniques to understand how brand associations, an important aspect of political brand equity are formed, differ, and change, from the perspective of citizens, across the four largest Irish political parties between 2013 and 2016. The paper focuses in particular upon the strength, favourability and uniqueness of these brand associations. The results constitute a first attempt to longitudinally explore changing political brand associations through cognitive mapping techniques, using data generated with the participation of hundreds of citizens. Our findings suggest that this approach can contribute to our understanding of how and why political brand associations change …

A Needs-Based Partial Theory Of Human Injustice: Oppression, Dehumanization, Exploitation, And Systematic Inequality In Opportunities To Address Human Needs, Michael A. Dover

Social Work Faculty Publications

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship of human injustice to human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, …

The Critical Juncture Concept’S Evolving Capacity To Explain Policy Change, John Hogan

Articles

This article examines the evolution of our understanding of the critical junctures concept. The concept finds its origins in historical intuitionalism, being employed in the context of path dependence to account for sudden and jarring institutional or policy changes. We argue that the concept and the literature surrounding it—now incorporating ideas, discourse, and agency—have gradually become more comprehensive and nuanced as historical institutionalism was followed by ideational historical institutionalism and constructivist and discursive institutionalism. The prime position of contingency has been supplanted by the role of ideas and agency in explaining critical junctures and other instances of less than transformative …

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

The Mortality Response To Absolute And Relative Temperature Extremes, Scott C. Sheridan, Cameron C. Lee, Michael J. Allen

Political Science & Geography Faculty Publications

While the impact of absolute extreme temperatures on human health has been amply studied, far less attention has been given to relative temperature extremes, that is, events that are highly unusual for the time of year but not necessarily extreme relative to a location's overall climate. In this research, we use a recently defined extreme temperature event metric to define absolute extreme heat events (EHE) and extreme cold events (ECE) using absolute thresholds, and relative extreme heat events (REHE) and relative extreme cold events (RECE) using relative thresholds. All-cause mortality outcomes using a distributed lag nonlinear model are evaluated for …

Times Taxes And Voting Queues: The Voting Rights Act After Shelby County, Alabama V. Holder (2013), Donald Davison, Michael Krassa

Faculty Publications

The United States Supreme Court effectively dismantled the pre-clearance provision of the Voting Rights Act in Shelby County, AL v. Holder (2013). The majority asserts that “times have changed” and the relevant provisions of the VRA are now obsolete. This paper examines whether dismantling preclearance adversely affects how long racial and ethnic voters must wait to vote. The results show that the VRA reduces the time minority voters waited in line by one-half in the covered jurisdictions. After preclearance is dismantled, however, that benefit vanishes. Further, minority voters in covered jurisdictions continue to wait longer to vote compared to white …

Effect Of Religious Legislation On Religious Behavior: The Ramadan Fast, Hannah M. Ridge

Political Science Faculty Articles and Research

State laws compelling citizens to comply with elements of religious law – also known as religious legislation – are globally pervasive. Previous research has well documented the incidence of myriad examples of religious legislation. These laws’ practical effect on citizens’ behavior, however, has been less examined. This article looks at the effect of one piece of religious legislation: state laws enforcing the Ramadan fast. It demonstrates that the use of state power to sanction violations of religious law significantly increases citizens’ compliance with this religious law.

Book Review: Not Enough: Human Rights In An Unequal World, Harlan G. Cohen

Scholarly Works

Review of the book Not Enough: Human Rights in an Unequal World. By Samuel Moyn. Cambridge, Massachusetts, Harvard University Press 2018. Pp. ix, 220. Index.

Transparency And Algorithmic Governance, Cary Coglianese, David Lehr

All Faculty Scholarship

Machine-learning algorithms are improving and automating important functions in medicine, transportation, and business. Government officials have also started to take notice of the accuracy and speed that such algorithms provide, increasingly relying on them to aid with consequential public-sector functions, including tax administration, regulatory oversight, and benefits administration. Despite machine-learning algorithms’ superior predictive power over conventional analytic tools, algorithmic forecasts are difficult to understand and explain. Machine learning’s “black-box” nature has thus raised concern: Can algorithmic governance be squared with legal principles of governmental transparency? We analyze this question and conclude that machine-learning algorithms’ relative inscrutability does not pose a …

Edward Snowden, National Security Whistleblowing, And Civil Disobedience, David E. Pozen

Faculty Scholarship

No recent whistleblower has been more lionized or vilified than Edward Snowden. He has been nominated for the Nobel Peace Prize and denounced as a "total traitor" deserving of the death penalty. In these debates, Snowden's defenders tend to portray him as a civil disobedient. Yet for a range of reasons, Snowden's situation does not map neatly onto traditional theories of civil disobedience. The same holds true for most cases of national security whistleblowing.

The contradictory and confused responses that these cases provoke, this essay suggests, are not just the product of polarized politics or insufficient information. Rather, they reflect …