Digital Commons Network^™

The Making Of A Senator: Barack Obama And The 2004 Illinois Senate Race, John S. Jackson

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

The 2004 U.S. Senate race in Illinois may prove to be one of the most significant in American history. Perhaps not since the Senate election of 1858, when Stephen Douglas defeated Abraham Lincoln, has one Senate election had such an impact on the national leadership cadre. Although Lincoln lost the election, his speeches and debates with Douglas over slavery and the future of the Union ensured his place as a national leader of the young Republican Party and then as a leading contender for the Republican nomination in 1860 (Goodman, 2005).

The Roberts Court: Year 1, Lori A. Ringhand

ExpressO

This paper is an empirical examination of the recently ended 2005 Supreme Court term. The paper, in addition to reviewing the work of the Court as a whole, also examines the jurisprudence of new justices Roberts and Alito. In doing so, it proposes the intriguing possibility that these two justices may share a jurisprudential approach different from the Court's more established conservatives. If correct, this raises numerous and interesting possibilities for the future of conservativism on the Supreme Court.

Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows

ExpressO

The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …

Religious Group Autonomy: Further Reflections About What Is At Stake, Kathleen A. Brady

Working Paper Series

This article addresses the protections afforded by the First Amendment when government regulation interferes with the internal activities or affairs of religious groups. In previous pieces, I have argued that the First Amendment should be construed to provide religious groups a broad right of autonomy over all aspects of internal group operations, those that are clearly religious in nature as well as activities that seem essentially secular. In my view, such autonomy is necessary to preserve the ability of religious groups to generate, live out and communicate their own visions for social life, including ideas that can push the norms …

White Dollars, Black Candidates: Inequality And Agency In Campaign Finance Law, Terry Smith

South Carolina Law Review

No abstract provided.

No Exit - The Roberts Court And The Future Of Election Law, Richard L. Hasen

South Carolina Law Review

No abstract provided.

Racial Fairness And Traditional Districting Standards: Observations On The Impact Of The Voting Rights Act On Geographic Representation, Katharine Inglis Butler

South Carolina Law Review

No abstract provided.

Why Religion In Politics Does Not Violate La Conception Américaine De La Laïcité, Michael J. Perry

Indiana Journal of Global Legal Studies

La conception Am6ricaine de la Laĭcité consists principally of a constitutional norm-the nonestablishment norm-and of the laW that the U.S. Supreme Court has developed in the course of enforcing the norm. The nonestablishment norm forbids government-both the national government and state government-to "establish" religion. American laYcit6 also consists of what we may call "the morality of liberal democracy. " My aim in this essay is to explain why religion in politics does not violate American laYcit6; more specifically, my aim is to explain why political reliance on religiously grounded morality violates neither the nonestablishment norm nor the morality of liberal …

How The Voting Rights Act Works: Implementation Of A Civil Rights Policy, 1965-2005, Peyton Mccrary

South Carolina Law Review

No abstract provided.

Prelude To The Voting Rights Act: The Suffrage Crusade, 1962-1965, Steven F. Lawson

South Carolina Law Review

No abstract provided.

'A Hundred Flowers Bloom': The Re-Emergence Of The Chinese Press In Post-Suharto Indonesia, Chang Yau Hoon

Research Collection School of Social Sciences

During the whole 32 years of Suharto’s regime (1966–98), Chinese publications and the use of Chinese language in public were officially banned in Indonesia. As a result, printed matter in Chinese characters that entered Indonesia was classified as ‘prohibited imports’ (Heryanto 1999: 327). This prohibition came to an end after the fall of Suharto, as part of the process of democratization and Reformasi. The post-Suharto era of Reformasi is thus celebrated for the dramatic revival of the freedom of the press and media in Indonesia and many previously banned as well as new publications have emerged since Suharto’s fall. The …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Would Banning Firearms Reduce Murder And Suicide? A Review Of International Evidence, Don B. Kates, Gary A. Mauser

ExpressO

The world abounds in instruments with which people can kill each other. Is the widespread availability of one of these instruments, firearms, a crucial determinant of the incidence of murder? Or do patterns of murder and/or violent crime reflect basic socio-economic and/or cultural factors to which the mere availability of one particular form of weaponry is irrelevant?

This article examines a broad range of international data that bear on two distinct but interrelated questions: first, whether widespread firearm access is an important contributing factor in murder and/or suicide, and second, whether the introduction of laws that restrict general access to …

Elections, Violence And Democracy In Iraq, Shaheen Mozaffar

Bridgewater Review

No abstract provided.

A Case For The Prosecution Of Kim Jong Il For Crimes Against Humanity, Genocide, And War Crimes , Grace M. Kang

ExpressO

This article provides a factual overview of the deplorable human rights situation in the Democratic People’s Republic of Korea (DPRK or North Korea). It shows how the International Criminal Court (ICC) could have jurisdiction over these crimes. It provides the legal framework for establishing individual criminal liability for the crimes under the ICC’s jurisdiction. It applies this framework and the legal standards for genocide, crimes against humanity, and war crimes to the facts existing in the DPRK, as provided by credible sources. It concludes that published facts indicate a reasonable basis to believe that Kim Jong Il, who controls the …

Foundations Of Federalism: An Exchange, Randall P. Bezanson, Steven Moeller

ExpressO

Our manuscript entitled "The Foundations of Federalism: An Exchange" is occasioned by the Supreme Court's federalism jurisprudence which, in our judgment, calls for a broad ranging exploration of the constitutional concept of federalism itself. That exploration takes place in the form of a dialog between us which, while rewritten from its original form, nevertheless reflects our actual exchanges over an 18 month period. Our conclusion is that such terms as "sovereignty" generally have no place in American constitutional federalism, that the Supreme Court's efforts to enforce federalism limitations have been ineffective and, in some instances, counterproductive, and most basically that …

Review Essay: Radicals In Robes , Dru Stevenson

ExpressO

This essay reviews and critiques Cass Sunstein’s new book entitled Radicals in Robes. After a discussion of Sunstein’s (somewhat misleading) rhetorical nomenclature, this essay argues that Sunstein’s proposed “minimalist” methodology in constitutional jurisprudence is beneficial, but not for the reasons Sunstein suggests. Sunstein alternatively justifies judicial restraint or incrementalism on epistemological self-doubt (cautiousness being an outgrowth of uncertainty) and his fear that accomplishments by Progressives in the last century will be undone by conservative judges in the present. Constitutional incrementalism is more convincingly justified on classical economic grounds. While affirming Sunstein’s overall thesis, this essay offers an alternative rationale for …

Review Essay: Using All Available Information, Max Huffman

ExpressO

This is a review essay entitled “Using All Available Information,” in which I review and comment on Justice Stephen Breyer’s new book, Active Liberty: Interpreting Our Democratic Constitution, published in September 2005. Justice Breyer’s book, adapted from the Tanner Lectures given in 2005 at Harvard Law School, serves partly as a response to Justice Scalia’s 1997 volume A Matter of Interpretation: Federal Courts and the Law. I review Justice Breyer’s book in part by comparison to and contrast with Justice Scalia’s. I propose that much about Justice Breyer’s interpretive philosophy, which centers on determining the “purposes” of texts and interpreting …

The World Bank And The Ideology Of Reform In International Development Discourse, Joel M. Ngugi

ExpressO

Does the current development reform agenda, especially the one operationalized by the World Bank, is Ideological? If so, does it matter? These are the two questions that animate this article. In answering both questions in the affirmative, the article first demonstrates how the current development reform agenda is Ideological. It then discusses why and how it matters that the development reform agenda is Ideological. First, the article argues that Ideological rendering of the development reform agenda effectively weakens the ability of Third World countries to articulate their economic and foreign policies in ways that would benefit their citizenry the most. …

Competing Models Of Judicial Coalition Formation And Case Outcome Determination, Tonja Jacobi

ExpressO

No abstract provided.

The Free Press Vol. 37, No. 22, 05-08-2006, Angelique Carson

Free Press, The

Loan relief for students may be on the way -- Chancellor announces resignation -- News - Honors college revisited - Lobsters, microbrews, and political action - Staffer speaks - Letter from the editor - Conservative is not a dirty word - Last dandy on earth - Choose your own Footprint - Question of the week - Arts &  Entertainment - Amusements - Classified listings - Team leadership at USM - Sports

Making Our Congressional Elections More Competitive: A Proposal For A Limited Number Of Statewide At Large Elections In Our More Populous States, Walter M. Frank

ExpressO

Competitive elections for the House of Representatives are at an all time low. Law professors, political scientists and political analysts all along the political spectrum believe that the current situation not only makes for unaccountable legislators and an uneducated electorate but is also slowly poisoning our politics by making government needlessly ideological and partisan. Unfortunately, most of the proposed remedies call for reforms at the state level that in any event do not hold out the prospect of changing the current pattern in the future. This article proposes federal legislation to deal with this problem through the creation of statewide …

Privacy And Access To Public Records In The Information Age, Sol Bermann

ExpressO

Online public record access brings a wealth of benefits ranging from greater government access and accountability to increased cost-savings and efficiencies. However, due to the presence of highly sensitive, personal data, an increase in public records access also brings potential dangers, including heightened risk of identity theft and frivolous snooping into the affairs of others.

Historically, public records have had some measure of public accessibility in order to empower citizens with the ability to observe the goings-on of government, leading to greater government accountability. Until the rise of the internet, citizens have had their privacy protected through practical obscurity (the …

Selling Social Conservatism, Philip G. Chen

Political Science Honors Projects

This research project tests conventional wisdom about the importance of social conservatism in televised political advertisements. Through regression analysis performed on congressional campaign commercials from 2000 and 2002, I isolated significant variables influencing the outcome of Midwestern congressional campaign. I tested the influence of factors such as amount of money spent, party of candidate, gender and incumbency. I found that incumbency and the very presence of the candidate in television advertisements played the most significant role in determining electoral success, while socially conservative issues in the advertisements did not significantly influence electoral success.

Separating Rhetoric From Reality: A Political And Statistical Look At Federal Judicial Confirmation Delays, Marvin L. Longabaugh

ExpressO

In this article, I conduct a statistical analysis of confirmation delays in the ratification of appointments to the federal bench. Section II discusses the history of confirmation delays and some of the political factors that have caused these delays. Section III assesses the effect of factors such as age, education, ethnic origin, and political control of the U.S. Senate on 614 District Court appointments between 1985 and 2000. Section IV conducts a similar analysis on 362 Circuit Court appointments between 1961 and 2000. Last, Section V similarly scrutinizes all 110 Supreme Court appointments from 1789 through 2000.

Senseless Kindness: The Politics Of Cost Benefit Analysis, Louis E. Wolcher

ExpressO

This essay identifies a social phenomenon that the Russian-Jewish novelist and war correspondent Vasily Grossman calls "senseless kindness." Emerging without prior warning from certain face-to-face encounters between human beings, the striking reversal of preferences that characterizes this phenomenon can be used to cast a critical light on the practices of Cost Benefit Analysis ("CBA"). Not only does senseless kindness highlight the troubling theoretical problem of determining the "correct" ex ante—the point in time at which CBA measures people's preferences—it also points towards the possibility of a more general critique of CBA's indifference to how preferences are formed and expressed. The …

Standard Errors: How Budget Rules Distort Lawmaking, Timothy M. Westmoreland

ExpressO

The article argues that the Congress’s budget process has invisibly influenced its legislative activities and structurally skewed its policy choices. The budgetary structure and tools as they affect lawmaking are largely unanalyzed. Until they are widely appreciated, they may often be random, inefficient, unrepresentative, and even deceptive. Review, critique, and change are overdue in any case. Inasmuch as the Congress is now, after a period of budget anarchy, debating how to refocus on the budget, this is a particularly good time for such activities.

The article also argues that additional structures are needed to “counter-balance” both the skewing that results …

The Enthymeme’S Role In Modern Discourse, Ryan Meehan

USF Tampa Graduate Theses and Dissertations

In this paper, I wish to demonstrate how enthymemic argument pervades modern discourse. First, I will define the enthymeme in Aristotelian terms and compare its qualities to its sibling, the syllogism. Next, I will attempt to demonstrate how the enthymeme functions, paying close attention to its psychological effects as well as analyzing how the media helps promote enthymemic discourse. Finally, I will propose a way that composition instructors can harness the idea of the enthymeme to facilitate critical thinking in the classroom. The purpose of the paper is to provide evidence that a rebirth of this classical term is in …

Cicero And St. Augustine's Just War Theory: Classical Influences On A Christian Idea, Berit Van Neste

USF Tampa Graduate Theses and Dissertations

The theology of Saint Augustine, Bishop of Hippo, and the origin of his theory of Just War are subjects of serious scholarly debate. Just War involved the use of the state army to eliminate heresy by killing heretics who refused to convert to mainstream Christianity. The purpose of this paper is to argue that Augustine primarily based his theory of Just War on Cicero's own theory of Just War.

Augustine was quite heavily influenced by Cicero. He credited Cicero with his own conversion to Christianity. He drew heavily from Cicero's works as a basis for many of his own writings, …

Any Place For Ethnicity? The Liberal State And Immigration, David Abraham

ExpressO

When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.