Law Commons^™

The Consent Of The Governed, Carter A. Hanson

Student Publications

The Consent of the Governed is a Kolbe Fellowship project investigating gerrymandering through the lens of mathematics, Supreme Court litigation, and the potential for redistricting reform. It was produced as a five-episode podcast during the summer of 2020; this paper is the transcription of the podcast script. The project begins with an analysis of the impact of gerrymandering on the composition of the current U.S. House of Representatives. It then investigates the arguments and stories of Supreme Court gerrymandering cases in the past twenty years within their political contexts, with a focus on the Court's reaction to different mathematical methods …

Presidential Leadership In The Space Age, Ziv R. Carmi

Student Publications

Mankind’s quest to reach the moon consisted of many people in leadership positions. In the US, however, many of the decisions behind the space race, especially funding for it, were made by four men: Dwight D. Eisenhower, John F. Kennedy, Lyndon Baines Johnson, and Richard Nixon. While some presidents (namely Kennedy) receive more credit than others for their work on bringing man to the moon, each of them passed influential policy that was vital in the development of Apollo: Eisenhower founded NASA and began research on the Saturn V, Kennedy gave vision and urgency to the program, Johnson gave massive …

Oil Wealth And Gender In Political And National Belonging, Caroline M. Bosworth

Student Publications

Oil-based economies drive a connection between national identity and support for patriarchal belonging. Oil wealthy nations ensure that both men and women are excluded from political participation, and thus have a weak civil society. Through entrenching the population in the benefits of the oil economy, rentier states affirm that there is a high level of national identity. A weak civil society and the patriarchal nature of the oil wealth disenfranchises men and women, thus increasing women’s belief in the effectiveness of a male leader.

Naming Names: The Impact Of Supreme Court Opinion Attribution On Citizen Assessment Of Policy Outcomes, Scott S. Boddery, Laura P. Moyer, Jeff Yates

Political Science Faculty Publications

The manner in which political institutions convey their policy outcomes can have important implications for how the public views institutions' policy decisions. This paper explores whether the way in which the U.S. Supreme Court communicates its policy decrees affects how favorably members of the public assess its decisions. Specifically, we investigate whether attributing a decision to the nation's High Court or to an individual justice influences the public's agreement with the Court's rulings. Using an experimental design, we find that when a Supreme Court outcome is ascribed to the institution as a whole, rather than to a particular justice, people …

Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro

Student Publications

This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.

Courts And Executives, Jeffrey L. Yates, Scott S. Boddery

Political Science Faculty Publications

William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.

Commentary: Justice Who Follows Scalia's Path Would Hurt The Working Class, Bruce A. Larson

Political Science Faculty Publications

During the campaign, Donald Trump released a list of 21 conservatives from which he promised to pick Supreme Court justices, should he win the election. With President-elect Trump apparently nearing a decision on a nominee to replace the late Justice Scalia, Senate Republicans are no doubt eagerly awaiting the chance to confirm Trump's pick and restore a conservative majority on the court. [excerpt]

Rhetoric Vs Reality: Public Opinion On Immigration In The United States, Elizabeth M. Belair

Student Publications

The United States has a rich and interesting history of immigration. The country itself was created by waves of immigrants who came from across the globe. Although immigration has always existed in the U.S., the number of immigrants coming to the United States has increased during the 21st century, and as a result, a controversial debate surrounding the consequences of immigration has emerged. In this paper I examine how Americans view the debate on immigration, specifically focusing on what affects public opinion on this topic. I find that shifts in public opinion do not reflect changes in immigration patterns but …

In God We Trust, Andrew C. Nosti

SURGE

Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]

A Half Century Later, We Need The Voting Rights Act More Than Ever, Jill Ogline Titus

Civil War Institute Faculty Publications

Two years ago, the Supreme Court determined that voter discrimination is a thing of the past. The Court's decision to gut the 1965 Voting Rights Act ensures that this summer's 50^thanniversary commemoration is an ironic one.

We needed the legislation in 1965, the Court argued in its 2013 decision in Shelby County v. Holder, which struck down the formula that made the act enforceable, but we don't anymore. [excerpt]

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …

So We Ran..., Sara R. Bias

Student Publications

This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.

Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias

Student Publications

Italy's unique geographic location at the coast of the Mediteranean Sea gives much opportunity for the international community to criticize its dealings with asylum seekers crossing the body of water to enter Europe. The UNHCR reported that as of October 2014, 165,000 asylum seekers had taken dangerous journeys across the Mediterranean Sea; of those 165,000 people, Italy received 140,000.

'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.

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 …

Transitions From War To Peace, Caroline A. Hartzell

Political Science Faculty Publications

The Elgar Handbook of Civil War and Fragile States brings together contributions from a multidisciplinary group of internationally renowned scholars on such important issues as the causes of violent conflicts and state fragility, the challenges of conflict resolution and mediation, and the obstacles to post-conflict reconstruction and durable peace-building. This chapter examines the state of current knowledge regarding transitions from war to peace following civil wars.

Women's Leadership And Third-Wave Feminism, Kathleen P. Iannello

Political Science Faculty Publications

Leadership is a term that women strive to claim as their own. Whether in the halls of Congress, the corporate boardroom, or the privacy of the home, women’s leadership challenges traditional notions of the concept. Throughout the ages images of leadership feature men in uniform and men in positions of power, whether it be military, government, or market. The traditional view of leaders is imbued with male images of “heroes,” who issue orders, lead the troops—save the day. But leadership has another face. It is the face of Abigail Adams admonishing her husband to “Remember the Ladies” in the formation …

4. Nationalism As An Idea, Robert L. Bloom, Basil L. Crapster, Harold L. Dunkelberger, Charles H. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart

Section XIII: Political Liberalism and Nationalism, 1815-1871

Nationalism may be described as a state of mind which gives priority to the idea of nationality. Nationality in turn refers to a group of people who pride themselves on their common descent, customs, or traditions. As a rule these people inhabit a well-defined geographic area and are united by a common language. Often they tend to exhibit a collective egoism, convinced that their particular culture and ethnic stock are superior to all others. Some notable exceptions to these generalizations exist, yet even these exceptions are also characterized by what has been called "a living and active corporate will" as …

1. The Era Of Metternichian Conservatism, 1815-1848, Robert L. Bloom, Basil L. Crapster, Harold A. Dunkelberger, Charles C. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart

Section XIII: Political Liberalism and Nationalism, 1815-1871

Before either political liberalism or nationalism could become institutionalized, the Continent passed through a period of conservative reaction. Taking their cue from Edmund Burke, who "as early as 1790 strove to discredit France's great experiment by associating it with the excesses of reason and revolution, many people blamed liberalism for the quarter century of war, and chaos that followed. The "Reign Terror" in France, under the sway of Madame Guillotine, gave a connotation of horror to the slogan of "liberty, equality, and fraternity," Conservativeminded folk tended to regard the abstract ideas of freedom, brotherhood, and a society without class distinctions …

2. Victories Of Political Liberalism, Robert L. Bloom, Basil L. Crapster, Harold A. Dunkelberger, Charles C. Glatfelter, Richard T. Mara, Norman E. Richardson, W. Richard Schubart

Section XIII: Political Liberalism and Nationalism, 1815-1871

As we have already suggested in the opening paragraphs of this chapter, the roots of political liberalism antedated the nineteenth century. The philosophic principles of this creed were based on earlier ideas such as natural rights and utilitarianism. Political liberals held that human actions to be moral must be voluntary, and that a society seeking to follow the laws of nature must cherish individual liberty. Since they believed human reason was capable of discerning these laws, liberals believed that enlightened self-interest was an accurate guide for political action. In the next chapter we will take note of the kinship which …