Law and Politics Commons^™

Constitutional Law—The Powers Of State Attorneys General To Determine Public Interest, J. Dillon Pitts

University of Arkansas at Little Rock Law Review

No abstract provided.

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all, …

Settled Law, G. Alexander Nunn, Alan M. Trammell

Faculty Scholarship

“Settled law” appears frequently in judicial opinions — sometimes to refer to binding precedent, sometimes to denote precedent that has acquired a more mystical permanence, and sometimes as a substantive part of legal doctrine. During judicial confirmation hearings, the term is bandied about as Senators, advocacy groups, and nominees discuss judicial philosophy and deeper ideological commitments. But its varying and often contradictory uses have given rise to a concern that settled law is simply a repository for hopelessly disparate ideas. Without definitional precision, it risks becoming nothing more than empty jargon.

We contend that settled law is actually a meaningful …

Sacrifice For The Mandate Of Heaven? Regression Discontinuity Of Death Penalty Execution In Taiwan, Austin Horng En Wang, Yuan Ning Chu, Fang Yu Chen, Ming Jui Yeh

Political Science Faculty Research

© 2021 Western Social Science Association. The death penalty enjoys overwhelmingly cross-partisan support among Taiwanese citizens. Politicians, mass media actors, and anti-death-penalty activists all believe that death penalty executions boost the president’s approval. As a result, Taiwanese presidents are motivated to strategically execute prisoners, trying to improve their approval rate. To examine this myth, we exploit data from a nationally representative survey conducted in 2012; six inmates were unexpectedly executed during the survey period. This unique opportunity enables us to examine the causal relationship between implementing a welcoming policy and its effect on public opinion. Contrary to popular belief, however, …

We Have To Defeat The Myth Of The Stolen Election. We Risk Destroying Our Democracy If We Don't, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Incitement, Insurrection, Impeachment: Inside The Second Trump Impeachment, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Partisan Gerrymanders: Upholding Voter Suppression And Choosing Judicial Abdication In Rucho V. Common Cause, Frances R. Hill

University of Miami Law Review

Under the Constitution, voters choose their elected officials. Partisan gerrymanders, however, enable elected officials to choose their voters and, in the process, dilute the votes of citizens who do not support them. From this perspective, partisan gerrymanders undermine the sovereignty of the people and, thereby, undermine the foundation of this democratic republic. In Rucho v. Common Cause, the Supreme Court declared that partisan gerrymandering raises a nonjusticiable political question beyond the competence of the federal courts. This Article asks: How did this happen? How could the Supreme Court abdicate its duty to protect the sovereignty of the people and …

Anti-Science Ideology, Shi-Ling Hsu

University of Miami Law Review

Political attacks against scientists and scientific research are nothing new, though the Trump Administration appears to have increased both the breadth and the depth of such attacks. What is new, it seems, are attacks on science that are not in service of protecting any identifiable regulated industry. Under the Trump Administration, the attacks on science are more systemic, and aimed more at reducing scientific capacity in the federal government, rather than mere one-off policy interventions to help an individual industry.

This Article suggests that the Trump Administration, more than previous administrations, has sought to use science as part of a …

Using Election Forecasts To Understand The Potential Influence Of Campaigns, Media, And The Law In U.S. Presidential Elections, Peter K. Enns, Julius Lagodny

University of Miami Law Review

How do campaigns, media, and voting laws influence the outcome of U.S. Presidential elections? Political scientists often argue that these factors influence outcomes much less than commonly thought. To illustrate this argument, we show that we can predict the presidential vote in each state with a high degree of accuracy. Specifically, between 2004 and 2016, we correctly predict 94% of all state presidential vote outcomes. Our predictions are based on a forecasting model of the Electoral College, based primarily on each state’s approval rating of the incumbent president (using almost 90,000 survey responses from June and July of election years), …

Virus As Foreign Invader: U.S. Voters & The Immigration Debate, Rebecca Sharpless

University of Miami Law Review

Nativist sentiments against classes of immigrants have existed since colonial times. But views about immigration and immigrants drive U.S. electoral politics now more than ever, accounting for a significant number of voters who crossed party lines in the 2016 presidential election. The COVID-19 pandemic has the potential to harden deeply-held beliefs about outsider threats and further entrench the polarization of public views on immigration. During his campaigns and term in office, President Trump popularized nativism, breaking from the received wisdom of the Republican party. Casting the virus as a foreign invader, he built on fears of the contagion to alter …

The Cost Of Free Speech: Combating Fake News Or Upholding The First Amendment?, Brittany Finnegan

University of Miami Law Review

This Note examines the pervasive and evolving “fake news” problem. Specifically, it explores whether the United States government could pass legislation, modeled after a recently passed German law, regulating propagandistic social media posts. The answer to this question, in short, is no. By comparing the German Basic Law and the U.S. Constitution, this Note highlights the stringency of U.S. First Amendment protections and underscores the U.S. government’s inability to combat fake news through legislation. While this Note primarily focuses on the prevalence of fake news in the context of the 2016 U.S. presidential election, related developments and areas of research …

Power To The People: The Supreme Court’S Confirmation Of State Power In The Wake Of Faithless Electors, Gabrielle Engel

University of Miami Law Review

One of the most cherished American liberties is the right to vote. Yet, the Constitution does little to protect the integrity of individual voters. Instead, the Founding Fathers created an Electoral College to represent states’ will. Over time, states enacted laws requiring that electoral votes be cast to reflect the state popular vote. In 2016, several electors voted for candidates who did not win their state’s popular vote, grounding their actions in a believed constitutional right to vote freely and unencumbered by state outcomes. The Supreme Court addressed this issue in Chiafalo v. Washington, holding that states may bind electoral …

Law School News: Whitehouse, Cicilline To Offer 'Inside View' Of 2nd Trump Impeachment Trial 02-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Role Of The Judiciary In The Fight Against Corruption (Analytical Study In Light Of The Iraqi Law), Khalid Al Zubaidy

UAEU Law Journal

The phenomenon of corruption is manifested in most countries of the world, including Iraq, It is the result of revolutions and uprisings witnessed in a number of Arab countries in what was called the Arab spring.

Corruption has many causes and manifestations as well as different effects. That being said, it can be addressed through multiple methods. Primarily, by laying the foundations for good governance, the use of legal mechanisms, including prevention and remedies, and focus on the role of the judiciary. The success of the latter depends largely on the provision of a number of guarantees namely ensuring its …

Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast

BYU Law Review

Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …

Could Changes To The Endangered Species Act Actually Threaten Species?, Manuel L. Colon Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Political Responsibility In The American Executive Presidential System, Saud Falah Alharbi

UAEU Law Journal

Political responsibility is an effective tool of control by the parliamentary authority in the face of executive power. It can be expressed in the U.S. presidential system as political impeachment , a constitutional mechanism practiced by the U.S. Congress , under which they isolate any of the civilian staff members of the executive branch or members of the judiciary , including U.S. President or Vice President in the event of the commission of any of them the crime of treason , bribery or other crimes or misdemeanors. It cannot be understated constitutional provision on such suit or refer to them …

Peace And Conflict Studies Journal Conference, Christopher Appiah-Thompson

Peace and Conflict Studies Journal Conference

The San Francisco School Board’S Vote Removing Lincoln’S, Washington's Names Was Wrong. Here's Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Global Trade Accountability Act And Its Effects On Congressional Power And International Trade, Dallas Kephart

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

No abstract provided.

Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot

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

No abstract provided.

The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman

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

No abstract provided.

The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern

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

No abstract provided.

Refusing To Concede The Election: Defending Democracy By Expanding The G7 Rapid Response Mechanism, Taylor Hayes

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

The past decade is rife with examples of actions by nefarious groups to improperly interfere in democratic elections around the world, and it is time that democratic nations band together to effectively combat these interference efforts. More than two dozen nations around the world have fallen victim to some form of election interference. The United States and its allies have traced many of these interference campaigns to state actors, particularly the Russian government.

In 2018, the Group of Seven (G7) announced the creation of a Rapid Response Mechanism (G7 RRM). The aim of the G7 RRM is to limit the …

An Evaluation Of The Water-Energy-Food Nexus And Its Alignment With The Sustainable Development Goals, Waseem Ahmad Qureshi

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

Since 2011, the water–energy–food (WEF) nexus has become a popular term, widely deliberated upon by policymakers and scholars alike around the world. It has been referred to with different acronyms, depending upon their foci of interest: WEF for hydro-centric researchers; EFW for energy securitization policy researchers; and FEW for agrarian-based policy frameworks. By contrast, environmentalists, who like to include the variable of climate change within the nexus to use it as a primary element of research, prefer to call it the CLEW (climate–land–energy–water) nexus. This paper is an attempt to explain the WEF nexus in relation to the varied interpretations …

"Ufo": When The American Doctrine Of Ripeness Visited Israel, Mohammed S. Wattad

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

As part of the gradual preparation for the incorporation of the American ripeness doctrine into Israeli law, it has been justified on a number of grounds. A fundamental discussion of the scope of the doctrine may be found in three important legal cases, which coined the term “the ripeness doctrine, Israel style.” A review of these cases reveals that while there is widespread consensus among the Israeli Supreme Court justices regarding the actual adoption of the ripeness doctrine, there is disagreement – and even confusion – regarding the manner of its implementation. In this article, I would like to present …

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.

Dedication

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

No abstract provided.

Jlia Editorial Board & Staff

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

No abstract provided.