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Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2016 Univ of Penn Law School

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Sean Farhang

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

Federal Court Rulemaking And Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

Sean Farhang

The purpose of this article is to advance understanding of the role that federal court rulemaking has played in litigation reform. For that purpose, we created original data sets that include (1) information about every member of the Advisory Committee on Civil Rules who served from 1960 to 2013, and (2) every proposal for amending the Federal Rules that the Advisory Committee approved for consideration by the Standing Committee during the same period and that had implications for private enforcement. We show that, beginning in 1971, when a succession of Chief Justices appointed by Republican Presidents have chosen committee members ...


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang 2016 University of Pennsylvania Law School

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...


The Spatial Dimensions Of State Fiscal Capacity The Mechanisms Of International Influence On Domestic Extractive Efforts, Cameron G. Thies, Olga Chyzh, Mark David Nieman 2016 Arizona State University

The Spatial Dimensions Of State Fiscal Capacity The Mechanisms Of International Influence On Domestic Extractive Efforts, Cameron G. Thies, Olga Chyzh, Mark David Nieman

Olga Chyzh

This paper expands traditional predatory theory approaches to state fiscal capacity by adopting spatial analytical reasoning and methods. While previous work in the predatory theory tradition has often incorporated interdependent external influences, such as war and trade, it has often done so in a way that maintains a theoretical and empirical autonomy of the state. Theoretically, we suggest four mechanisms (coercion, competition, learning, and emulation) that operate to channel information through interstate rivalry and territorial contiguity, trade networks, and the political space associated with regime type and intergovernmental organization membership. We test our predictions using a multi-parametric spatio-temporal autoregressive model ...


Best Practices For Self-Exclusion Reinstatement And Renewal, Alex Price 2016 Responsible Gambling Council

Best Practices For Self-Exclusion Reinstatement And Renewal, Alex Price

International Conference on Gambling and Risk Taking

While many studies have examined self-exclusion few have focused on the processes through which gamblers return at the end of their agreements. In 2014, the RGC Centre for the Advancement of Best Practices examined voluntary self-exclusion reinstatement and renewal in an effort to develop evidence-informed best-practices for both land-based and online gambling operations. The presentation outlines the findings of the study and the recommended best practices for reintegration and ban renewal.

The study examined a range of practices around the world. In the end the study recommended an active reinstatement process in which all participants are required to apply to ...


Review Of Do-It-Yourself Democracy By Caroline Lee (Oxford University Press, 2015), Christopher Beem 2016 The Pennsylvania State University

Review Of Do-It-Yourself Democracy By Caroline Lee (Oxford University Press, 2015), Christopher Beem

Journal of Public Deliberation

Review of Do-It-Yourself Democracy by Caroline Lee (Oxford University Press, 2015)


Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker 2016 University of Surrey

Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm generating transnational actors ...


Citizen Perceptions Of Public Policy Success: A Cross-National Analysis, Nurgul R. Aitalieva, Andrew L. Morelock 2016 Indiana University - Purdue University Fort Wayne

Citizen Perceptions Of Public Policy Success: A Cross-National Analysis, Nurgul R. Aitalieva, Andrew L. Morelock

Nurgul Aitalieva

No abstract provided.


What Is Your Present Religion, If Any? None, Not Nun., Ming Siegel 2016 College of William and Mary

What Is Your Present Religion, If Any? None, Not Nun., Ming Siegel

College of William & Mary Undergraduate Honors Theses

In this paper, I examine the rise of the religiously unaffiliated in the United States. The Pew Research Center has recently reported on this phenomenon in their “America’s Changing Religious Landscape” demographic study. In this analysis, Pew has defined the unaffiliated to include atheists, agnostics and Americans who identify with “nothing in particular.” However, atheists and agnostics only make up about a third of the total population of religiously unaffiliated Americans. This means that a large portion of the religiously affiliated may be spiritual or even religious to some degree outside of organized religion. Who are the religiously unaffiliated ...


“Bracketing” Foreign Policy From Domestic Affairs: A New Paradigm For International Negotiation And Decision-Making, Scott Gerschwer Ph.D. 2016 Western Connecticut State University

“Bracketing” Foreign Policy From Domestic Affairs: A New Paradigm For International Negotiation And Decision-Making, Scott Gerschwer Ph.D.

Journal of Interdisciplinary Conflict Science

This paper argues that geo-political negotiators must separate domestic issues from their calculations and consider only strategic goals and international concerns when working through issues with other global leaders. The impetus for this paper is a recent poll that shows that 52% of Americans want to bomb Iran, apparently without considering the consequences. I will give some history, present some recent cases and attempt to create a mechanism for separating international and domestic issues to relieve a source of pressure on negotiators.


Slavery And Freedom In Theory And Practice, David Watkins 2016 University of Dayton

Slavery And Freedom In Theory And Practice, David Watkins

Political Science Faculty Publications

Slavery has long stood as a mirror image to the conception of a free person in republican theory. This essay contends that slavery deserves this central status in a theory of freedom, but a more thorough examination of slavery in theory and in practice will reveal additional insights about freedom previously unacknowledged by republicans. Slavery combines imperium (state domination) and dominium (private domination) in a way that both destroys freedom today and diminishes opportunities to achieve freedom tomorrow. Dominium and imperium working together are a greater affront to freedom than either working alone. However, an examination of slavery in practice ...


Legal Recursivity And International Law: Rethinking The Customary Element, Roozbeh (Rudy) B. Baker 2016 University of Surrey

Legal Recursivity And International Law: Rethinking The Customary Element, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The use of the terms “traditional” and “modern” to describe alternative interpretations of customary international law is recent. Nevertheless, the viewpoints attached to them and the debates they have engendered have existed for at least the past forty years. The emergence of these two alternative interpretations of customary international law has generated much debate within the field. Both “traditional” and “modern” custom have very different interpretations of the role state practice and opinio juris play in the formation of customary international law. This has resulted in confusion over what the precise meanings of these two components of customary international law ...


The West And The Rest Of Us: Islamic Militancy, Refugee Crisis And The Migration Wave Towards Europe, Simeon Onyemachi Hilary Alozieuwa Ph.D. 2016 Institute for Peace and Conflict Resolution, Abuja

The West And The Rest Of Us: Islamic Militancy, Refugee Crisis And The Migration Wave Towards Europe, Simeon Onyemachi Hilary Alozieuwa Ph.D.

Journal of Interdisciplinary Conflict Science

The recent migration wave to Europe from the Arab world thrusts to the fore for serious discourse, an issue the world has hitherto shied away from: the gradual Islamization of the world beginning with the west. The issue is not the Islamic faith itself. Certain elements of the faithful are imbued with hegemonic-domination tendencies marked by the excessive obsession to obliterate others’ cultures. This paper views the Euro/West-ward movement of the Muslim Arab refugees/migrants as a grand strategy for the Islamization agenda; the smuggled Islamists militias are its foot-soldiers. The West needs to interrogate its overextended human rights ...


Hostage At The Table By George Kohlrieser: A Critical Book Review, Bimal Dahal, Muhammad Ilyas, Erika Krajcovicova, Myriam Marcuello-Lopez, Abdulah Saleh, Shadi Sheikh Saraf 2016 Payap University

Hostage At The Table By George Kohlrieser: A Critical Book Review, Bimal Dahal, Muhammad Ilyas, Erika Krajcovicova, Myriam Marcuello-Lopez, Abdulah Saleh, Shadi Sheikh Saraf

Journal of Interdisciplinary Conflict Science

Being a hostage impedes. One must strive to get out of the hostage mindset and situation to realize peace. This review analyzes George Kohlrieser's approaches from peacebuilding perspective.

George Kohlrieser is a professor of leadership and organizational behavior, psychologist, and veteran hostage negotiator. In his book Hostage at the Table, he contends that conflict resolution is not difficult if we understand how human self-esteem operates. He believes that deep within humans reside slumbering powers that most of us do not even activate. These latent powers can revolutionize our lives if aroused and put into action.

In the following pages ...


Costly Voting With Multiple Candidates, Mariam Arzumanyan, Mattias Polborn 2016 Central Bank of Armenia

Costly Voting With Multiple Candidates, Mariam Arzumanyan, Mattias Polborn

Mattias K Polborn

We analyze a costly voting model with more than three candidates. We show that there are two different types of equilibria. In the first one, all candidates receive votes and have an equal chance of winning, independent of their popular support levels. In the second type of equilibrium, only two candidates receive votes and have a positive winning probability.
Furthermore, in both types of equilibria, all voters who cast votes do so for their most preferred candidate, i.e., there is no ``strategic voting.''


Political Psychology (Annotated Bibliography), Ingrid J. Haas 2016 University of Nebraska-Lincoln

Political Psychology (Annotated Bibliography), Ingrid J. Haas

Faculty Publications: Political Science

The field of political psychology explains political behavior as a function of both individual- and group-level psychological processes. While the field is interdisciplinary, political psychologists tend to work in either psychology or political science departments. Although the overall aim is often similar, researchers from each discipline approach the same questions in different ways, and interested scholars are encouraged to examine literatures from both fields. The general approach to research is to focus on individual political attitudes, emotion, beliefs, and behavior, and attempt to explain these phenomena using psychological research and theory. Historical approaches to research in this field often relied ...


Predicting Genocide And Mass Atrocities, Ernesto Verdeja 2016 University of Notre Dame

Predicting Genocide And Mass Atrocities, Ernesto Verdeja

Genocide Studies and Prevention: An International Journal

This article examines several current risk assessment and early warning models to predict genocide and mass atrocities. Risk assessment (RA) concerns a country’s long­-term structural conditions (regime type, state-led discrimination, etc.) that determine overall risk for atrocities. Early warning (EW) focuses on short/midterm dynamics that can serve as triggers. The article evaluates contemporary RA and EW forecast modeling, and asks: How well can we predict mass atrocities and genocide? What are the strengths and limitations to current predictive modeling? Part I examines several quantitative (statistical) RA models and identifies several strengths and limitations in current research. Part ...


The Hermeneutics Of International Trade Conflicts: U.S. Punitive Trade Policy Towards China And Japan, Barry F. Murdaco 2016 Graduate Center, City University of New York

The Hermeneutics Of International Trade Conflicts: U.S. Punitive Trade Policy Towards China And Japan, Barry F. Murdaco

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

This dissertation analyzes punitive trade conflicts between the U.S. and two trading partners: China and Japan. Punitive trade conflicts can be defined as trade wars between two states, retaliatory tariffs, or other forms of conflict, e.g. preventing the acquisition of foreign assets or sanctions for an undervalued exchange rate. I will examine several trade conflicts between the U.S. and Japan in the 1980s and several trade conflicts between the U.S. and China from 2001 to the present. This study is situated within a larger debate concerning the resolution of four theoretical "puzzles" in political science. The ...


The Ombatse Crisis In Nigeria: Background, Recent Developments And Possible Solutions, Simeon Onyemachi Hilary Alozieuwa Ph.D. 2016 Institute for Peace and Conflict Resolution, Abuja

The Ombatse Crisis In Nigeria: Background, Recent Developments And Possible Solutions, Simeon Onyemachi Hilary Alozieuwa Ph.D.

Journal of Interdisciplinary Conflict Science

This paper focuses on the hegemonic politics between the Eggon and Hausa/Fulani ethnic groups in Nasarawa, North-Central Nigeria, which eventually erupted into the Ombatse crisis of May 2013- a precursor to the 2015 general elections. It addresses four research questions seeking to unravel whether or not: (1a) the crisis truly reflects a spiritual revivalist agenda as projected by the Ombatse promoters or merely espouses Eggon rejection of Muslim-Hausa/Fulani ethnic hegemony- mirroring broadly the identity, hegemonic and exclusionary politics in the area cum the larger Nigerian society;(b) the Eggon-Hausa-Fulani feud has the potential to exacerbate the sectarian strife ...


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