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Articles 211 - 240 of 1419
Full-Text Articles in Law and Politics
Interpretations Of Intent: Sovereignty, The Second Amendment, And Us Gun Culture, Lola I. Brown
Interpretations Of Intent: Sovereignty, The Second Amendment, And Us Gun Culture, Lola I. Brown
Political Science Honors Projects
In this paper, I engage foundational theorists such as Jean Bodin, Thomas Hobbes, and John Locke to examine the philosophies of sovereignty that underpin the US Constitution and the creation of the Second Amendment. I find that the US Founders' reaction to these foundational theories of sovereignty allowed for a breakdown in the system of sovereignty in the country, and made way for the implementation of the Rule of Law. The Rule of Law, in turn, created the conditions of possibility for the psyche of radical individualism that now permeates the US. This radical individualism allowed for the reinterpretation of …
Congressional Oversight Of U.S. Government Programs, Bert Chapman
Congressional Oversight Of U.S. Government Programs, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed overview of how the U.S. Congress conducts oversight of federal agency programs. Contents include a letter from a member of Congress to an agency head concerning an environmental development in Indiana, information on the foundations of congressional oversight, details on how Congress may require agency reports on various subjects in public laws, an example of a congressionally mandated report by the Department of Defense, documentation of congressional funding of individual federal agencies, examples of congressional committee hearings, congressional committee issuance of oversight and investigative reports which may include dissenting opinions, Congressional Budget Office cost estimates on congressional committee …
Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore
Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore
LSU Master's Theses
The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St. Thomas Aquinas because its central element—a doctrine of natural rights—is a departure from Aquinas’s natural law teaching. In support of these claims, the present work relies upon the scholarship of Ernest L. Fortin, A.A. Following Fr. Fortin, it presents an understanding of the natural law that endorses a clear distinction between natural right and natural rights—between premodern political philosophy and modern political philosophy.
Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary
Judicial Off-Bench Resistance In Post-Revolution Tunisia, Farah Tolu-Honary
Independent Study Project (ISP) Collection
Since the populist Kaid Said has risen to the office of the presidency in Tunisia, the country has been experiencing its largest threat to its hard-fought democracy since the 2011 Revolution. In this paper, I argue that Tunisian judges have utilized off-bench resistance tactics to protect their own autonomy from executive encroachment. I find that judges’ strikes are the dominant form of off-bench resistance. I explain this by looking at the relationships that judges’ unions maintain with other civil society organizations and unions, particularly the UGTT. I argue that the post-revolutionary environment, the strong union culture in Tunisia, and the …
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Undergraduate Honors Thesis Projects
This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Federal Law Enforcement Reform: Depoliticization Into A Constitutional Framework To Restore Public Confidence, Christopher J. Boosey
Senior Honors Theses
This thesis proposes that there is a lack of public confidence in federal law enforcement agencies and that this is because these agencies have become political weapons, investigating individuals rather than crimes, in violation of the U.S. Constitution. Following multiple scandals, from the historical targeting of the Civil Rights movement to present attempts to designate parents critical of school administrators as domestic terrorists, wholesale reform of these agencies is urgent. Therefore, this thesis will address the issue of politicization, political corruption, and the lack of adherence to constitutional principles through the problem, significance, and solution method. This thesis will first …
U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman
U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.
The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek
The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek
Theses and Dissertations
Cairo is undergoing a moment of sharpened exclusion and inclusion, with the city’s residents of informal settlements disproportionately experiencing displacement and abrupt interruptions to their social fabric to make way for investment opportunities. In pursuit of achieving the status of a global city, the Egyptian state has effectively widened its practice of structural violence, in order to accumulate capital through dispossession. In the process of doing so, the state has problematized the contested status of urban citizenship, disenfranchising the urban dwellers of Cairo from their right to the city. Following the temporal shifts in the negotiation for urban citizenship, the …
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Faculty Journal Articles
This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …
Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright
Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken
Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco
Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes
Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat
Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio Da Costa Higa, Benjamin H. Barton
Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio Da Costa Higa, Benjamin H. Barton
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni
Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery
§230 And Tinfoil Hats: What Conspiracy Theories Teach Us About The Marketplace Of Ideas And Online Speech, Connor B. Flannery
Catholic University Journal of Law and Technology
Famously imputed into First Amendment jurisprudence by Justice Oliver Wendell Holmes, the Marketplace of Ideas is a foundational paradigm in free speech theory. However, current trends in social discourse suggest the Marketplace has crashed. Conspiracy theories illustrate this crash as a story of unintended consequences and, paradoxically, a consequence of judicial and legislative efforts to prevent it. Acknowledging the popularity and widespread use of the internet and social media, I explore solutions to rejuvenate the Marketplace of Ideas and better align its prominence in First Amendment doctrine with the reality of the current speech landscape.
Administration As Democratic Trustee Representation, Katharine Jackson
Administration As Democratic Trustee Representation, Katharine Jackson
Faculty Articles and Other Publications
The “folk” theory of democracy that typically justifies the administrative state cannot help but lead to a discourse of constraint. If agency action is only legitimate when it mechanically applies the will of the voters as transposed by Congress through statutes, then the norms guiding that action will inevitably restrain agency discretion. As a result, attempts to establish the democratic credentials of the administrative state ironically obstruct the application of collective power. But this “folk” theory of democracy is bad theory. It is empirically incredible and, alarmingly, facilitates dangerous populist politics. Political theory instead suggests that a theory of democratic …
The Public Trust: Administrative Legitimacy And Democratic Lawmaking, Katharine Jackson
The Public Trust: Administrative Legitimacy And Democratic Lawmaking, Katharine Jackson
Faculty Articles and Other Publications
This Article argues that recent United States Supreme Court decisions invalidating agency policymaking rely on a normatively unattractive and empirically mistaken notion of democratic popular sovereignty. Namely, they rely upon a transmission belt model that runs like this: democracy is vindicated by first translating and aggregating voter preferences through elections. Then, the popular will is transposed by members of Congress into the statute books. Finally, the popular will (now codified), is applied mechanically by administrative agencies who should merely “fill in the details” using their neutral, technical expertise. So long as statutes lay down sufficiently “intelligible principle[s]” that permit their …
Using Youtube To Explain Housing, Michael Lewyn
Using Youtube To Explain Housing, Michael Lewyn
Scholarly Works
In 2021, the author ran for Borough President of Manhattan, New York. The author tried to his scholarship into his campaign by producing over twenty Youtube videos, most of which addressed land use and housing policy. The article describes the videos, and evaluates their usefulness.
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart M. Benjamin, Byungkoo Kim, Kevin M. Quinn
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart M. Benjamin, Byungkoo Kim, Kevin M. Quinn
Faculty Articles
Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find …
Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson
Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson
Faculty Articles
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …
The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco
The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco
All Master's Theses
Background. Early termination of a pregnancy (hereinafter referred to as an “abortion”) has been debated in the United States (U.S.) for decades, without much regard to the negative outcomes that forced pregnancies have for those assigned female at birth regarding poverty, mental health and maternal mortality. In 1973, access to safe abortions was protected so long that the procedure was done within the legal gestational period and/or was necessary for the health and safety of the patient (Blackmun, 1972). Unfortunately, in 2022, the Supreme Court took that protection away and made it legal for states to determine the reproductive rights …
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
FIU Law Review
In this paper my co-author and I will present the various crises that are taking place in Cuba at present: economic, political, and cultural. We rely on published data, such as the GDP, as well as materials from in-depth interviews and participant observation.
Supreme Court Legitimacy Under Threat? The Role Of Cues In How The Public Responds To Supreme Court Decisions., Laura Moyer, Scott S. Boddery, Jeff Yates, Lindsay Caudill
Supreme Court Legitimacy Under Threat? The Role Of Cues In How The Public Responds To Supreme Court Decisions., Laura Moyer, Scott S. Boddery, Jeff Yates, Lindsay Caudill
Faculty and Staff Scholarship
Understanding how the public views the Court and its rulings is crucial to assessing its institutional stability. However, as scholars note, “People are broadly supportive of the court and believe in its ‘legitimacy’—that is, that Supreme Court rulings should be respected and followed. But we don’t know that much about whether people actually agree with the case outcomes themselves.” In this article, we highlight empirical research investigating the factors that affect public agreement with Court decisions, highlighting recent developments from our work. At the onset, it is to note that the public generally hears about the Court’s decisions from media …
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim
Twenty-First Century Split: Partisan, Racial, And Gender Differences In Circuit Judges Following Earlier Opinions, Stuart Minor Benjamin, Kevin M. Quinn, Byungkoo Kim
Faculty Scholarship
Judges shape the law with their votes and the reasoning in their opinions. An important element of the latter is which opinions they follow, and thus elevate, and which they cast doubt on, and thus diminish. Using a unique and comprehensive dataset containing the substantive Shepard’s treatments of all circuit court published and unpublished majority opinions issued between 1974 and 2017, we examine the relationship between judges’ substantive treatments of earlier appellate cases and their party, race, and gender. Are judges more likely to follow opinions written by colleagues of the same party, race, or gender? What we find is …