Digital Commons Network^™

Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman

Fordham Law Review

No abstract provided.

Securing Deliberative Democracy, James E. Fleming

Fordham Law Review

No abstract provided.

Gender, Justice And Gender: An Unfinished Debate, Susan Moller Okin

Fordham Law Review

No abstract provided.

Gender, Why Feminists Can't (Or Shouldn't) Be Liberals, Tracy E. Higgins

Fordham Law Review

No abstract provided.

Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin

Fordham Law Review

No abstract provided.

Being Otherworldly In The World: Michael Oakeshott On Religion, Aesthetics And Politics, Elizabeth Campbell Corey

LSU Doctoral Dissertations

This dissertation is a study of the thought of Michael Oakeshott with particular emphasis on his writings about the character of religion and aesthetics. The dissertation as a whole makes the case that a certain moral vision-one informed by religious and aesthetic considerations-lies at the center of Oakeshott's thought and informs his political philosophy. The dissertation begins as an examination of Oakeshott's debts to St. Augustine and to British Idealist thinkers such as F. H. Bradley, and moves to a study of Oakeshott's own views on religion and aesthetics. It turns next to a consideration of Oakeshott's two essays entitled …

Indigenous Voices And American Politics, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

President [Bush], in a convoluted response to a question on the meaning of tribal sovereignty (essentially the inherent right of indigenous nations to self-governance) posed by a minority journalist on August 6, told the 7,500 assembled journalists that "tribal sovereignty means that it's sovereign. You're a—you've been given sovereignty and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities."

Nevertheless, these two statements by the leading presidential candidates are big deals for Indian nations. They provide a measure of overt national political recognition for several of the most …

False Campaign Speech And The First Amendment, William P. Marshall

Faculty Publications

No abstract provided.

Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams

Scholarly Articles in Law Reviews & Journals

In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. ... Each case of earned sovereignty is characterized by an initial stage of shared sovereignty, whereby the state and substate entity may both exercise some sovereign authority and functions over a defined territory. ... Phased sovereignty entails the accumulation by the substate entity of increasing sovereign authority and functions over a specified period of time prior to the determination of final status. ... While Serbia and Montenegro, Northern Ireland, …

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

Visual Framing: A Study In Face-Ism From The Websites For The 108th United States Congress., Beth Johnson Anderson

Electronic Theses and Dissertations

Websites are being used by increasing numbers to target a market with a message unfiltered by the media. This content analysis examined the website front-screens for the members of the 108th United States Congress to determine if the photographic images displayed reinforced the media's stereotypical frame of female politicians. A total of 3,892 photographic images were captured from 540 websites and coded using the face-ism index. Overall, the results supported the face-ism theory. Images of females were cropped lower on their bodies than images of males. The face-ism effect was not supported until the number of people in the photograph …

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson

ExpressO

A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …

From Just War To Just Intervention, Susan J. Atwood

New England Journal of Public Policy

What is Just War? What is Just Intervention? This paper examines the evolution of the criteria for Just War from its origins in the early Christian church to the twenty-first century. The end of the Cold War era has expanded the discussion to include grounds for intervention. Indeed, in the 1990s, a number of multilateral interventions took place on humanitarian grounds. But the debate is ongoing about whether the criteria applied in the Just War theory — proper authority, just cause, and right intent — remain valid in an era of Just Intervention. The author examines as case studies some …

The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner

New England Journal of Public Policy

The United Nations was created in 1945 to prevent another world war. It was designed, as the Preamble to the Charter states, to eliminate the scourge of war. The failure to agree on a permanent UN international army meant that the UN had to improvise in dealing with wars. Peacekeeping, which is not mentioned anywhere in the UN Charter, had to be invented. This study investigates how peacekeeping has evolved through four “generations,” culminating in Unsanctioned multinational forces consisting of “coalitions of the willing.” The study also stresses how one of the greatest peacekeeping failures of the UN in the …

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford

ExpressO

My article, Barbarians at the Gates: A Proposal to Rationalize the Laws of War.  The piece proposes that in the War on Terror a new approach to the laws of war is necessary to harmonize the functional purpose of the law of war with the nature of the threat presented by terrorism to civilization.

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.

The Politics Of Medicare Reform, Jonathan Oberlander

Washington and Lee Law Review

No abstract provided.

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham

ExpressO

Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …

War And The Art Of Governance, Nadia Schadlow

The US Army War College Quarterly: Parameters

No abstract provided.

A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar

Indiana Journal of Global Legal Studies

No abstract provided.

Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen

Pragmatism, Law and Governmentality

Today science is almost universally regarded as an ally of democracy. Religion - once viewed by Tocqueville as the great support of democratic mores, in contrast to the materialism of then-contemporary atheists who threatened to undermine democratic commitments - is now viewed by many as antithetical to the openness and provisionality that marks both science and democracy. As framed by the neo-pragmatist Richard Rorty, religion is a "conversation-stopper," the very definition of anti-democratic, anti-scientific anti-pragmatism.

Whereas a pragmatic form of faith, notably "democratic faith," secures belief in an ever improving future, the "politics of skepticism" is reinforced by the initial …

Trends. Science Is Apolitical As Political, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the nature of science from a political psychological perspective.

Patience And/Or Politics: Augustine And The Crisis At Calama, 408-409, Peter Iver Kaufman

Jepson School of Leadership Studies articles, book chapters and other publications

Few scholars would quarrel with Ernst Dassman's observation that early Christian "reserve" toward the political cultures of antiquity--a mixture of difference and indifference, which only occasionally gave way to hostility--turned Christians' outcast status into something of a virtue.Still fewer are likely to dispute the assertion that influential fourth-century Christians unreservedly welcomed the changes that came with Constantine and anticipated the "Christianization" of imperial, if not also local, politics. But evaluations of Augustine's enthusiasm later that century and early the next never fail now to elicit disagreement

Corporate Advertising's Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Promise Of Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Practicing Politics With Foucault And Kant: Toward A Critical Life, Dianna Taylor

Philosophy

This paper problematizes the claim that Michel Foucault’s work is normatively lacking and therefore possesses only limited political relevance. While Foucault does not articulate a traditional normative framework for political activity, I argue that his work nonetheless reflects certain normative commitments to, for example, practicing freedom and improving the state of the world. I elucidate these commitments by sketching out Foucault’s notion of critique as a mode of existence charac- terized by practices of the self, arguing that such practices possess political significance within the context of what Foucault refers to as a way of life, and analyzing points of …

Welfare Reform: Politics, Policy And The Courts, Paul Marion Loomis

UNLV Retrospective Theses & Dissertations

Welfare Reform: Politics, Policy and The Courts is a detailed analysis of welfare reform as directed by Congress in the Personal Responsibility Act of 1996. The thesis entails the following: an analysis of the historical factors that have led to legislative reform of the US welfare policy; an examination of the requirements the Act has placed on the states and the states' efforts to meet those requirements; issues of legitimacy that surround welfare reform, as well as US Supreme Court decisions that have helped shape welfare policy. Finally, an assessment of the direction of future welfare reform.