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Articles 1 - 30 of 124
Full-Text Articles in Law
Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018)
Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018)
Dr. Lukas K. Danner
No abstract provided.
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek
Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek
Alev Dudek
In spite of ongoing improvements, integration of ethnic Turks in Germany remains a challenge from the dominant culture perspective, whereas a deeply ingrained institutional and everyday racism and the lack of legal protection against discrimination pose a challenge to full participation of ethnic Turks from another perspective. In an increasingly xenophobic Europe, particularly Germany, an increase in potential for religious and nationalist radicalization in different groups including ethnic Turks is becoming more and more evident. This increase in radical attitudes is not necessarily caused by a lack of integration, as evidenced among well-integrated individuals.
In view of recent developments toward …
En El Juego De La Designación De Ministros, El Presidente Siempre Gana, Javier Martín Reyes
En El Juego De La Designación De Ministros, El Presidente Siempre Gana, Javier Martín Reyes
Javier Martín Reyes
In the Supreme Court Appointment Game, the President Always Wins
Roli I Parlamentit Në Procesin E Anëtarësimit Në Be, Kuvendi I Kosovës, Safet Beqiri
Roli I Parlamentit Në Procesin E Anëtarësimit Në Be, Kuvendi I Kosovës, Safet Beqiri
Safet Beqiri
Abstrakti Ky artikull paraqet një kornizë përmbledhëse analitike e legjislativit si një degë e rëndësishme e pushtetit në procesin e anëtarësimit të shtetit në Bashkimin Evropian, me theks të veçantë rastin e Kuvendit të Kosovë. Ky punim analizon rolin e parlamentit në marrjen e vendimeve dhe politikave në kuadër të procesit të integrimit në Bashkimin Evropian, i cili padyshim se paraqet peshën e tij si institucion i rëndësishëm për faktin se vendit i jep formë dhe drejtim të duhur si në anëtarësimin në institucione dhe organizata ndërkombëtare ndër-shtetërore dhe mbi-nacionale. Po ashtu dhe për faktin se parlamenti është e pushtetit …
El Futuro Del Tribunal De Aforados, Javier Revelo-Rebolledo
El Futuro Del Tribunal De Aforados, Javier Revelo-Rebolledo
Javier E Revelo-Rebolledo
No abstract provided.
La Reforma Político-Judicial De Santos, Javier Revelo-Rebolledo
La Reforma Político-Judicial De Santos, Javier Revelo-Rebolledo
Javier E Revelo-Rebolledo
No abstract provided.
Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan
Is ‘Human Rights’ The Right Approach For Protecting The Interests Of Forest-Dependent People?, Prakash Kashwan
Prakash Kashwan
Nature conservation is often promoted in the name of the greater good of humanity. However, in a large number of cases, nature conservation is associated with increased militarization of resource control (see the select bibliography below). International conservation organizations have responded to such concerns by developing proposals for what they refer to as ‘rights-based approaches to conservation’. Some of the biggest conservation organizations have also come together to form the Conservation Initiative on Human Rights (CIHR), which is a consortium of international conservation NGOs that seek to improve the practice of conservation by promoting integration of human rights in conservation …
"Authoritarian Constitution Making: The Role Of The Military In Latin America", Gabriel L. Negretto
"Authoritarian Constitution Making: The Role Of The Military In Latin America", Gabriel L. Negretto
Gabriel L. Negretto
During the twentieth century, military dictatorships produced the largest number of authoritarian constitutions in Latin America. Why would military rulers invest time and resources in drafting constitutions? I argue that military leaders engage in constitution making to introduce more effective transformations of the political order during their rule and to have influence over the functioning of democracy after leaving power. However, in order to achieve all these goals, military dictators must be able to mobilize popular and partisan support for the authoritarian regime. Since this condition is rarely met, military rulers often fail in their constitution making strategy. I provide …
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
Tom Ginsburg
We like to think that constitutions are expressions of distinctly national values, speaking for “We the People.” This is especially true of constitutional preambles, which often recount distinct events from national history and speak to national values. This article challenges this popular view by demonstrating the global influences on constitutional preambles. It does so using a new set of tools in linguistic and textual analysis, applied to a database of most constitutional preambles written since 1789. Arguing that legal language can be analogized to memes or genetic material, we analyze “horizontal” transfer of language across countries and “vertical” transfers within …
Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad
Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad
Mary Alice Haddad
This chapter examines environmental politics in four polities that run the full spectrum of political regimes: mainland China (authoritarian), South Korea and Taiwan (newly democratic), and Japan (mature democracy). The chapter argues that variation in environmental politics in each place resulted primarily from the timing of their environmental movements, with subsequent movements learning from predecessors and gaining increasing access to global NGO networks. Paradoxically, when environmental movements became linked to democratization movements (in South Korea and Taiwan), they also became linked to political parties, which hindered access to government policymaking when non-allied parties were in power.
Beyond Judicial Populism, Anil Kalhan
Courting Power, Anil Kalhan
Don’T Be Silly: Lawmakers “Rarely” Read Legislation And Oftentimes Don’T Understand It . . . But That’S Okay, Brian Christopher Jones
Don’T Be Silly: Lawmakers “Rarely” Read Legislation And Oftentimes Don’T Understand It . . . But That’S Okay, Brian Christopher Jones
Brian Christopher Jones
During the debate over the Patient Protection and Affordable Care Act ("Obamacare"), the reading and understanding of legislation became one of the most controversial issues mentioned in Congress and throughout the media. This led many to state that lawmakers should “read the bill,” and led one academic to propose a read-the-bill rule for Congress, where legislators would not vote or vote “no” if they had not read the full text of the legislation. My essay argues that in contemporary legislatures such proposals are unfeasible, and would ultimately produce lower quality legislation. In doing so, the piece uses interviews with legislative …
Organization, Mandate, Performance: Pacs In The Asian Region, Riccardo Pelizzo, Sruti Bandyopadhyay
Organization, Mandate, Performance: Pacs In The Asian Region, Riccardo Pelizzo, Sruti Bandyopadhyay
Riccardo Pelizzo
the paper investigates the organization, the mandate and the performance of public accounts committees in Asia. The evidence presented here can easily be summarized in the following terms: PACs from Asia are bigger, better staffed and more likely to be chaired by an opposition MP than PACs in the rest of the world. These three characteristics are offset by the fact that in Asian PACs opposition parties are not represented nearly as well as they are in the rest of the world. In terms of mandate, PACs in Asia have on average a much wider mandate than they do elsewhere. …
Public Accounts Committees In The Pacific Region, Riccardo Pelizzo
Public Accounts Committees In The Pacific Region, Riccardo Pelizzo
Riccardo Pelizzo
the paper analyzes the organization, the powers, the functioning and the performance of Public Account Committees in the Pacific region. In doing so the paper highlights some of the factors have contributed to making PACs from the Pacific island states work effectively.
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 …
Elección Individual, Jose Luis Sardon
Elección Individual, Jose Luis Sardon
Jose Luis Sardon
La gran transformación del Perú ocurrirá cuando la elección por lista sea sustituida por la elección individual de los congresistas.
Conflictos En El Estado: Entre Choques Y Contrapesos, Javier Revelo-Rebolledo
Conflictos En El Estado: Entre Choques Y Contrapesos, Javier Revelo-Rebolledo
Javier E Revelo-Rebolledo
No abstract provided.
The Dangers Of Diversity: Ethnic Fractionalization And The Rule Of Law, Michael Touchton
The Dangers Of Diversity: Ethnic Fractionalization And The Rule Of Law, Michael Touchton
Michael Touchton
Research linking ethnic cleavages to economic underdevelopment is a hallmark of recent efforts to explain economic growth. Similarly, the rule of law as a credible commitment to property rights and contract enforcement is also identified with economic development. Rather than treating these factors as rival explanations for economic development around the world, I propose the rule of law as the causal mechanism through which ethnic fractionalization (EF) influences growth in many countries. I argue ethnic diversity negatively impacts the rule of law due to the prevalence of ethnically-based patronage networks in developing countries. Public officials, I argue, face greater incentives …
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Tom Ginsburg
This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Kevin H. Govern
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …
Singapore's Culture War Over Section 377a: Through The Lens Of Public Choice And Multi-Lingual Research, Jianlin Chen
Singapore's Culture War Over Section 377a: Through The Lens Of Public Choice And Multi-Lingual Research, Jianlin Chen
Jianlin Chen
The 2007 debate over the retention of Singapore’s male sodomy law provision set off a vigorous and passionate public debate reminiscent of the U.S.’s culture war. However, the Singapore government’s final decision reflects an interesting compromise. The law was retained, but its moral content severely curtailed with the promise of non-proactive enforcement against private consensual adult activity, the proclamation of accommodating the gay community and the concession of the inborn nature of homosexuality. This article critically examines this episode of culture war in Singapore and explores the political dynamics driving the compromise. Enriching public choice theory on interest group capture, …
Book Review, Tom Ginsburg, Ed., Comparative Constitutional Design, Cameron C. Russell
Book Review, Tom Ginsburg, Ed., Comparative Constitutional Design, Cameron C. Russell
Cameron C Russell
No abstract provided.
An Evaluation Of Cross-National Measures Of Judicial Independence, Julio Ríos-Figueroa, Jeffrey K. Staton
An Evaluation Of Cross-National Measures Of Judicial Independence, Julio Ríos-Figueroa, Jeffrey K. Staton
Julio Ríos-Figueroa
We provide a conceptual map of judicial independence and evaluate the con- tent, construct, and convergent validity of 13 cross-national measures. There is evidence suggesting the validity of extant de facto measures, though their proper use requires attention to correlated patterns of measurement error and missing data. The evidence for the validity of extant de jure measures is weaker. Among other findings, we do not observe a strong and direct link between the rules that allegedly promote judicial independence and independent behavior. The results suggest that while the measurement of both de jure and de facto judicial independence requires a …
Argumentación Constitucional, Leonardo García Jaramillo
Argumentación Constitucional, Leonardo García Jaramillo
Leonardo García Jaramillo
No abstract provided.
You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan
Donald J. Kochan
With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
European Integration And National Courts: Defending Sovereignty Under Institutional Constraints?, Arthur Dyevre
European Integration And National Courts: Defending Sovereignty Under Institutional Constraints?, Arthur Dyevre
Arthur Dyevre
The present paper examines the response of national high courts to the ECJ’s integrationist agenda and tries to uncover the logic behind their qualified acceptance of EU law supremacy and direct effect. Drawing on the legal and political science literature, I discuss and develop several possible explanations for the observed inter-court variation: the courts’ type and organisation; their power to review legislative acts under domestic law; the rules governing access to the judicial forum; the monistic tradition of the legal system and the level of public support for European integration. I then assess the empirical validity of these hypotheses using …