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Articles 1 - 30 of 54
Full-Text Articles in Law
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
The Fordham Undergraduate Research Journal
This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …
Export Controls: A Contemporary History, Bert Chapman
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner
The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner
Journal Articles
Deliberative democracy offers a distinctive and appealing conception of political life, but is it one that might be called into service to guide actual reform of existing election law? This possibility seems remote because election law and deliberative democracy are built around different priorities and theoretical premises. A foundational area of disagreement lies in the treatment of majorities. Election law is structured, at both the legislative and constitutional levels, so as to privilege majorities and systematically to magnify their power, whereas deliberative democracy aims at privileging minorities (or at least de-privileging majorities). The main purpose of the election law now …
The Evolution Of Statesmanship In The United States: How The Democratization Of Civic Education And Presidential Selection Transformed The American Executive, Andrew Depasquale
The Evolution Of Statesmanship In The United States: How The Democratization Of Civic Education And Presidential Selection Transformed The American Executive, Andrew Depasquale
Morehead State Theses and Dissertations
A thesis presented to the faculty of the College of Business and Public Affairs at Morehead State University in partial fulfillment of the requirements for the Degree of Master of Arts in Government by Andrew DePasquale on December 6, 2013.
The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire
The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire
Faculty Scholarship
This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when their clients …
Dialogic Defense Of Alden, Jay Tidmarsh
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman
Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman
Brookings Scholar Lecture Series
More than 90 percent of bills introduced in the U.S. House never make it to a floor vote, and far fewer are enacted into law. Since legislative gridlock is much more common than legislative action, in order to understand policy outcomes, it is critical to know why bills are obstructed. Gridlock occurs when a legislator (or group of legislators) wants to block a bill, and has the procedural right to do so. Using new data on the procedural rules in the U.S. states, this presentation will identify the chambers in which legislators can block bills from the legislative agenda. Then, …
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
Student Publications
In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …
The Effects Of The Bi-Partisan Campaign Reform Act On The Process Of The Campaign Finance In The Presidential Nomination Process, Karen Sebold
Graduate Theses and Dissertations
The Bipartisan Campaign Reform Act increased the individual donor limit to $2,000 per candidate per election and indexed the limit for inflation every two years. The primary research question guiding this study is how has the increase in the donor limit affected donor behavior. Answering this question should allow a determination to be made about how donors have responded to the increased donor limit. Understanding how donors responded to the doubled limit is important because it provides evidence on the intersection of wealth inequality and political influence. To answer the research question this study considers how the increased donor limit …
The 2002 National Security Strategy: The Foundation Of A Doctrine Of Preemption, Prevention, Or Anticipatory Action, Troy Lorenzo Ewing
The 2002 National Security Strategy: The Foundation Of A Doctrine Of Preemption, Prevention, Or Anticipatory Action, Troy Lorenzo Ewing
Graduate Program in International Studies Theses & Dissertations
The terrorist attacks of September 11, 2001, initiated a strategic shift in American national security policy. For the United States, terrorism was no longer a distant phenomenon visited upon faraway regions; it had come to America with stark brutality.1 Consequently, the administration of President George W. Bush sought to advance a security strategy to counter the proliferating threat of terrorism.
The ensuing 2002 National Security Strategy articulated the willingness of the United States to oppose terrorists, and rogue nation-states by merging the strategies of "preemptive" and "preventive" warfare into an unprecedented strategy of "anticipatory action," known as the Doctrine of …
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
To measure economic growth or recovery, one traditionally looks to metrics such as the unemployment rate and the growth in GDP. And in terms of figuring out institutional policies that will stimulate economic growth, the focus most often is on policies that encourage investment, entrepreneurial enterprises, and reward risk-taking with appropriate returns. Bankruptcy academics that we are, we tend to add our own area of expertise to this stable— with the firm belief that thinking critically about bankruptcy policy is an important element of any set of institutions designed to speed economic recovery. In this paper, written for a book …
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
Justin Schwartz
Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Indiana Journal of Law and Social Equality
No abstract provided.
Escaping Earth’S Orbit But Not Earthly Regulations: A Discussion Of The Implications Of Itar, Ear, Fcc Regulations And Title Vii On Interplanetary Cubesats And Cubesat Programs, Jeremy Straub, Joe Vacekescaping Earth’S Orbit But Not Earthly Regulations: A Discussion Of The Implications Of Itar, Ear, Fcc Regulations And Title Vii On Interplanetary Cubesats And Cubesat Programs
Escaping Earth’S Orbit But Not Earthly Regulations: A Discussion Of The Implications Of Itar, Ear, Fcc Regulations And Title Vii On Interplanetary Cubesats And Cubesat Programs, Jeremy Straub, Joe Vacekescaping Earth’S Orbit But Not Earthly Regulations: A Discussion Of The Implications Of Itar, Ear, Fcc Regulations And Title Vii On Interplanetary Cubesats And Cubesat Programs
Jeremy Straub
As a small satellite moves further from Earth a lot of mission elements change. More power and/or a larger antenna is needed for communications, fuel requirements increase and mission operations become more complex. What doesn’t change significantly is the set of laws and regulations that the program and spacecraft must operate under. This paper reviews, principally, the impact of the International Trafficking in Arms Regulations (ITAR) and Title VII of the Civil Rights Act of 1964 on the development, discrimination of information about and operations of small satellite programs. It reviews the duties imposed by ITAR, the exemptions enjoyed, particularly, …
Army Corps Of Engineers, U.S., Bert Chapman
Army Corps Of Engineers, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.
Mining, Uranium, Bert Chapman
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Honors Projects
This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …
Aridity, Bert Chapman
Aridity, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of how aridity in the American West has influenced that region's economic, environmental, and political development and U.S. Government policies in this region.
Colorado River Compact (1922), Bert Chapman
Colorado River Compact (1922), Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the 1922 Colorado River Compact seeking to fairly distribute Colorado River water to Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and their increasing populations.
Energy, U.S. Department Of, Bert Chapman
Energy, U.S. Department Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.
Federal Energy Regulatory Commission, U.S., Bert Chapman
Federal Energy Regulatory Commission, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.
Hydroelectric Power, Bert Chapman
Hydroelectric Power, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.
Land Management, U.S. Bureau Of, Bert Chapman
Land Management, U.S. Bureau Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.
Subsidies, Agricultural, Bert Chapman
Subsidies, Agricultural, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.
Oil Industry, Bert Chapman
Oil Industry, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.
The Hit: Why The Nfl's Age Requirement Is Anticompetitive, Chris Green
The Hit: Why The Nfl's Age Requirement Is Anticompetitive, Chris Green
Chris Green
To be eligible for the NFL Draft, a player is required to be three full seasons removed from his high school graduation. This age requirement has been challenged before, most notably in 2004 Clarett v. National Football League but was struck down due to the non-statutory labor exemption which frees the age requirement from antitrust law and scrutiny. This rule has been put in place because the NFL is considered one of the most violent sporting leagues in the world and only the most physically and mentally mature players should be allowed to compete. The rule was collectively bargained for …
Charities In Politics: A Reappraisal, Brian Galle
Charities In Politics: A Reappraisal, Brian Galle
William & Mary Law Review
Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.
Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism …
The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis
The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis
Pitzer Senior Theses
This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …