Law and Politics Commons^™

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.

Can President Trump 'Open Up' The Libel Laws?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Libel and slander are branches of the law of defamation. Defamation law authorizes remedies for reputational harm caused by some false statements of fact. A libel is a defamatory statement that is printed or written; a slander is a defamatory statement that is spoken.

During the 2016 presidential campaign, candidate Donald Trump suggested that, if elected, he would "open up our libel laws" to facilitate lawsuits by public officials against news organizations."

Living Tiny Legally, James G. Rollin

Senior Honors Projects, 2010-2019

Over the last 40 years, the average new United States house has increased in size by more than 1,000 square feet, from an average size of 1,660 square feet in 1973 (earliest year available from the Census Bureau) to 2,687 square feet last year (Perry, 2016). In that same time period, there was a 91% increase in home square footage per inhabitant and a decrease in average household size. According to the U.S. Census Bureau, the average home in the United States costs approximately $358,000 to build, an increase of roughly $200,000 since 1998. Meanwhile, the average annual income in …

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

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

Abstract forthcoming.

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

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

Abstract forthcoming.

Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez

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

Abstract forthcoming.

Beyond Pluralism And Elitism: How Much Influence Do Special Interests Have On The Content Of Congressional Legislation?, Kyle Johnson

Political Science Theses and Capstones

Do powerful special interests have too much influence over what is written in congressional legislation? There has been ongoing debate about how influence should be distributed between interest groups in affecting legislation. A central question in this debate asks whether interest groups with more financial clout have more influence in policy-making than interests that have fewer resources? Furthermore, much research has been on interest groups influence on the lawmaker’s vote instead of the interest’s influence prior to the vote. My research seeks to determine the extent to which interest groups influence the content of legislation in the U.S. Congress. My …

The Trouble With Transitions: Preserving Government Records During A Presidential Transition, Sarah C. Slinger, Nicholas Mignanelli

Scholarly Works

Times of transition from administration to administration are often, if not always, trying periods for the United States and its people. In particular, concerns arise over the preservation of documents from one administration to the next. This is especially true when the torch of executive power passes from one party to the other. Although preservation of information is a seemingly objective endeavor, it is difficult to abstain from politics when the documents involved are inherently political. Recently, the Trump Administration has expressed its intentions to scale back the size of government and take key offices—such as the Department of Energy—in …

The Unconstitutional Application Of Apprehension And Detention Laws: Section 236(C) Of The Immigration And Nationality Act, Rigoberto Ledesma

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

Abstract forthcoming.

Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo

University of Richmond Law Review

No abstract provided.

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.

Bureaucratic Speech: Language Choice And Democratic Identity In The Taipei Bureaucracy, Anya Bernstein

Journal Articles

This article illuminates the social nature of bureaucratic practice. Analyzing the everyday speech of bureaucrats in a polyglossic society reveals both their intensely interactive conduct and their recognition that the government they comprise is itself a participant in a social world of institutions and values. My ethnography shows how Taipei city government administrators mobilize ideologies associated with Taiwan’s two primary languages, and stereotypes associated with bureaucracy, to undermine both. Instead, they present themselves as a post-ethnonational and post-bureaucratic avant garde of their new democracy. In doing so, they draw on local values and tropes of legitimation, which place a premium …

The Richardson Escuela: Law As Politics, Makau Wa Mutua

Journal Articles

No abstract provided.

Ties Of Separation: Analogy And Generational Segregation In North America, Australia, And Israel/Palestine, Hedi Viterbo

Brooklyn Journal of International Law

This article takes analogy as both its mode and object of inquiry, to canvas the relationship between historical-geographical analogies and generational segregation (the large-scale separation of children and adults) from three complementary perspectives. First, due to restrictions recently introduced by the Israeli authorities, Palestinian prisoners have been prevented from reading popular study materials dealing with both Indigenous child removal and analogies concerning settler-indigenous relations in North America and Australia. This article revives the critical potential of this encounter with analogies and accounts by asserting an analogy between the removal of indigenous children to boarding schools in the United States and …

When Does Cultural Satire Cross The Line In The Global Human Rights Regime?: The Charlie Hebdo Controversy And Its Implication For Creating A New Paradigm To Assess The Bounds Of Freedom Of Expression, Kwanghyuk Yoo

Brooklyn Journal of International Law

Social justice does not exist in a vacuum. Social justice deters human rights policies from crossing the line. Thus, the principle of justice counterbalances the evils of the laissez-faire human rights philosophy when society lacks an appropriate form of legal or regulatory framework for legitimate restraints on human rights. Moreover, well-ordered just society does not allow human rights to be abused or curtailed beyond the level necessary to safeguard superior social norms or national interests. As such, human rights are subject to relative protection while they receive universal respect across the world. From a semantic standpoint, two ambivalent natures of …

Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel

Faculty Scholarship

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and other …

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Masthead

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The First Wartime Water Torture By Americans, Allan W. Vestal

Maine Law Review

The first use of wartime water torture by Americans occurred during the Philippine-American War of 1899 to 1902, when American soldiers and their indigenous minions used the “water cure” to extract information from Filipinos who resisted the occupation of their land, and to punish them. The practice, in which a prisoner was held down and forced to ingest large quantities of water to simulate drowning, was almost universally acknowledged at the time to be a form of torture, illegal under the applicable laws of war. The Philippine-American War, an early foray into overseas imperialism, was extremely controversial at the time. …

My Body, Not My Say: How Roe V. Wade Endangers Women's Autonomy, Kisha K. Patel

Politics Honors Papers

When defining women’s rights to reproductive decisions in Roe v. Wade, Justice Blackmun fails to ensure protection for women by defining this right in the privacy doctrine. Justice Blackmun’s opinion allows the government to interpret and apply the doctrine to deny women access and availability to reproductive health. This can be shown by the subsequent Supreme Court decisions on privacy that allow the government to overrule the right of the individual woman. This allows for the government to effectively deny women the right to abortion and ultimately prevents women from making independent autonomous decisions. The laws and regulations against …

The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar

Pepperdine Law Review

The public perception of the Vice President is that of an individual with little actual authority, but who has the potential to be thrust into the most powerful office in the world. But the modern Vice President has additional responsibilities that many often forget. Contrary to public perception, the Vice President’s role as President of the Senate carries important Constitutional responsibilities, such as the ability to weigh-in with tie-breaking votes in the Senate or preside over impeachment trials. Though overlooked, these are important and powerful responsibilities. Additionally, the Vice President has assumed the role of Presidential “running mate” and with …

Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin

Pepperdine Law Review

A dispute between a federal oversight authority and the Office of the Vice President (OVP) prompted an unprecedented public discussion regarding the proper location and role of the vice presidency when Dick Cheney’s Chief of Staff challenged an audit of classified information on the grounds that the OVP was not an entity within the Executive Branch. The modern role of the Vice President is generally viewed as advisor and supporter of the President, with all executive authority vested in the President. Conversely, the Vice President presides as President of the Senate, casting tie-breaking votes when necessary. This dual role invokes …