Law and Politics Commons^™

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.

@Usa Vs. @Realdonaldtrump: The Decline Of Democracy In 280 Characters Or Less, Bryn Edwards

CMC Senior Theses

From threats, to hate speech, to potential criminal statements, Donald Trump has made use of Twitter like no president or world leader before him. His presidency and communication strategy have been defined by his “tweetstorms” and a consequent slew of legal issues. The prolific rate of his tweeting has made large-scale analyses difficult as they quickly become dated.

Nevertheless, this thesis has aimed for a more holistic analysis by uniquely linking trends in his tweeting to its perceived social consequences, situating this work in a long line of analyses of presidential rhetoric and media strategies. Moreover, it assesses Trump’s use …

Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell

Animal Sentience

This commentary extends Wiebers & Feigin’s (2020) plea to adopt diets that are less dependent on animals by calling on experts and activists to work for change with regard to farm worker labor conditions. Already doing among the most dangerous jobs, farmworkers are at increased risk of COVID-19. As we increasingly transition to plant-based diets, we must all ensure that farmworkers have safe and just working conditions to meet the demands of our changing diets.

Marielle Franco, Rhaissa Sanches

Faculty Curated Undergraduate Works

Marielle Franco was a Black, Brazilian activist (1979-2018) who rose from the favelas (poor areas) of Rio de Janeiro to be elected as a councilwoman in Rio's election of 2016. Franco was known for exposing the violence waged in the favelas by Brazil's military and police under the "pretense of maintaining law and order," as well as how the militia wields power over those who live in the favelas. In addition to detailing Franco's life, activism and death, this paper also explains the history and development of the favelas in Rio de Janeiro, as well as the negative attitudes held …

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …

The Language Development In Indonesian Presidential Decrees, Desty Wulandari, Frans Asisi Datang

International Review of Humanities Studies

President has an authority to establish policies in order to run the government, one of which is through Keputusan Presiden Republik Indonesia (Indonesian Presidential Decree). As written documents, the Decrees have language development which can be seen from the writing patterns. Therefore, this study aims to examine the writing patterns of Decrees from time to time to support forensic linguistic study, such as document forgery analysis. We took sixteen Presidential Decrees from 1945 to 2018 as the data then analyzed them by using qualitative method. The data were obtained from the National Archives of the Republic of Indonesia and the …

The Art Of Occupation : Crime And Governance In American-Controlled Germany, 1944–1949, Thomas J. Kehoe

Ohio University Press Open Access Books

The literature describing social conditions during the post–World War II Allied occupation of Germany has been divided between seemingly irreconcilable assertions of prolonged criminal chaos and narratives of strict martial rule that precluded crime. In The Art of Occupation, Thomas J. Kehoe takes a different view on this history, addressing this divergence through an extensive, interdisciplinary analysis of the interaction between military government and social order.

Focusing on the American Zone and using previously unexamined American and German military reports, court records, and case files, Kehoe assesses crime rates and the psychology surrounding criminality. He thereby offers the first comprehensive …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this takes place …

Making Democracy Count: The Seemingly Technical Procedures That Can Make Or Break A Census, Charlotte Schwartz, Jeffrey Zalesin, Rachel Brown

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

The Equal Rights Amendment: Why All U.S. States Have Not Ratified, Gina Tan, Mirren Galway

CURCE Annual Undergraduate Conference

Currently, enacted legislation for the equality of men and women in the United States does not exist. Despite many advancements, as of 2018, the equality of men and women is not explicitly stated in the U.S. constitution. There is a long history of discrimination against women in the U.S., and for some time now, there have been pushes toward constitutionalizing equality based on Sex. One such push came in 1923, shortly after women were granted the right to vote and The Equal Rights Amendment (ERA) was introduced. This amendment mandates that the “Equality of rights under the law shall not …

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …

Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga

St. Mary's Law Journal

Statutes governing preservation of presidential records must be adapted to accommodate presidents’ evolving use of social media accounts. The Freedom of Information Act is meant to promote government transparency, and subjects governmental agencies to information requests from members of the public. However, as it relates to social media records, the problem is one of volume; are the means of preservation currently in place able to adequately address the vast amount of records created by a President’s use of social media? This Comment argues that they are not, although they do provide a useful basis for how to adapt record preservation …

Pastors And Politics: Considerations For Missional Church Leaders Addressing Political Matters, Matthew Stinson

Seaver College Research And Scholarly Achievement Symposium

We live in a politically divided time. Long-standing questions about the political role of the church have taken on a renewed interest for American Christians who see this political divide widening and have trouble reconciling their beliefs with the platforms of either major party. How ought Church leaders, seeking to lead missional congregations, speak to our current political context?

This paper lays out a framework for political engagement by missional Church leaders. It first offers a definition of a missional church and a missional church leader. Second, it surveys some of the various approaches to Church and State relations in …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if citizens comply …

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Program: Senior Projects (Public)

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.

Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …

If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun

Washington and Lee Law Review Online

This Essay responds to comments by Wayne Barnes, Ian Huyett, and David Smolin on my prior Article, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion From Politics. Part II, although noting a few disagreements with Huyett and Smolin, principally argues that they strengthen the case for the appropriateness of religious arguments in the public square. Part III evaluates Wayne Barnes’s contention that Christian doctrine requires separating religion from politics.

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.

Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley

Dickinson Law Review (2017-Present)

In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.

Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and …