Law and Politics Commons^™

Personhood, Property, And Public Education: The Case Of Plyler V. Doe, Rachel F. Moran

Faculty Scholarship

Property law is having a moment, one that is getting education scholars’ attention. Progressive scholars are retooling the concepts of ownership and entitlement to incorporate norms of equality and inclusion. Some argue that property law can even secure access to public education despite the U.S. Supreme Court’s longstanding refusal to recog- nize a right to basic schooling. Others worry that property doctrine is inherently exclusionary. In their view, property-based concepts like resi- dency have produced opportunity hoarding in schools that serve affluent, predominantly white neighborhoods. Many advocates therefore believe that equity will be achieved only by moving beyond property-based claims, …

Moral Panics And Politicians Who Create Them: A Comparative Historical Analysis Of The Crack-Cocaine And Methamphetamine Epidemics In The United States, Sasha Nicole Burdsal

Student Theses and Dissertations

This study compares two widely known drug epidemics: the crack-cocaine epidemic and the methamphetamine epidemic that has shifted our criminal justice system and societies within the last 40 years. The research is conducted utilizing a qualitative content analysis, with a concentration on the rhetoric of politicians who create a moral panic around any specific drug when beneficial to them. Racial disparity demonstrated through inconsistent sentencing and mistreatment of individuals is investigated, along with the militarization of police as ordered by government officials. The War on Drugs – a war that can never be won – is thoroughly reviewed to elucidate …

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

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

The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar

Master's Theses

Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …

The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk

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

No abstract provided.

Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie

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

No abstract provided.

Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee

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

No abstract provided.

A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero

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

No abstract provided.

Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj

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

No abstract provided.

The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner

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

No abstract provided.

Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell

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.

Dedication

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

No abstract provided.

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.

Political Theory And The Volunteer: Lessons From Kahn’S Ethnography Of ‘Our Unhappy Politics’, Benjamin Berger

All Papers

This article offers a reading of Paul Kahn’s Democracy in Our America that places this intimate “work of local political theory” in a central position in the landscape of his political thought. The article argues that the figure of the volunteer, as it appears in the volume, holds a space for love and meaning—and for political happiness—that secures for it a critical role in the system of beliefs and practices that sustain self-government in the United States. That framing draws the volunteer into relationship with Kahn’s thinking about the family, the veteran, and law. But it also means that the …

From Instability To Civil Liberties: Nonviolent Resistance In Afghanistan, Rachel L. Knowles

Master's Theses

When people have a fundamental issue at stake, giving in is not an option. For these types of conflict, when people’s rights are being violated, when their countries are occupied, or when they are oppressed and humiliated, they need a powerful way to persist and fight back. Oftentimes when people are left with no choice they will use the terrible and destructive nature of violence. For decades nonviolent resistance (NVR) movements have been associated with Gandhi and Martin Luther King, but people have been using nonviolent action for years. In fact, NVR has been a part of political life for …

The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis

Electronic Theses & Dissertations

This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference - 2021-2024

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference - 2021-2024

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …

Trade, Globalism, And The American System, Johnny B. Davis

Helm's School of Government Conference - 2021-2024

No abstract provided.

Renovating America's Electrical Grid: Renewable Sources And Resilient Delivery, Justin O'Hare Giffee

Student Theses 2015-Present

Since the late 1800s, America’s electrical grid systems have relied primarily upon fossil fuels for sources of electricity. Due to the outdated structural foundations and glaring holes in distribution networks, the existing electrical grids struggle with electricity escaping, and modern issues such as cybersecurity, resilience, and weather-related events associated with climate change. This essay discusses ongoing problems with current electric grid systems and aims at explaining the importance of incorporating renewables as a solution for these problems into a new grid system. In the first chapter, a detailed explanation is provided regarding the current issues present in America's grid systems. …

A Path To Achieve European Energy Security, Nicholas Wolf

Student Theses 2015-Present

The apparatus of Europe’s energy security has collapsed. The Russian Federation’s invasion of Ukraine, hydrocarbon market turmoil, and the ever-growing threat of climate change has thrust the continent into crisis. As the risks of severe recession, acute energy shortages, and climatic disasters have begun to materialize, the member states of the European Union (EU) have been left scrambling to secure novel energy supplies. In the short-term, these developments pose severe risks to the EU and its member states. Yet, opportunity often presents itself in the midst of hardship, and the European Energy Crisis of 2022 is no different. This essay …

Mentoring Programs: An Answer To The Cultural & Social Challenge Of Juvenile Rehabilitation, Isaiah Franqui

Helm's School of Government Conference - 2021-2024

The juvenile delinquency epidemic in the United States has been approached using many methods. This paper is an attempt to showcase one method that is often glanced over, but may provide the best solution yet. A new promising outlook for the overall well-being of juveniles within the criminal justice system is the formation of mentoring programs. These programs connect at-risk youth and/or current juvenile delinquents to a mentor who, in turn, can help shift the direction of their lives. They often take place within community centers throughout the day and can present themselves in a number of different methods. Through …

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental, & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …

Indo-Pacific Conflicts Will Be Reimagined In Outer Space Exploration, Michael Incorvaia

Seattle Journal of Technology, Environmental, & Innovation Law

This article will focus on the effects of international treaties and how they can be utilized to govern the future of outer space exploration. The discussion will include evaluating how modern changes in technology have created a need for updated outer space-specific treaties to ensure that outer space does not become a contentious zone between countries. This article will begin by exploring the developments in outer space that have created a new space race. Then, it will discuss the Indo-Pacific conflict and why the current multilateral treaty strategy that is used in the region will not be effective in outer …

Privacy Lost: How The Montana Supreme Court Undercuts The Right Of Privacy, Kevin Frazier

Seattle Journal of Technology, Environmental, & Innovation Law

In 1972, Montanans ratified a new constitution that included a “right of privacy.” The plain text of the provision fails to express the intent of the Framers who not only intended to afford Montanans a right, but also to impose a responsibility on the State to continuously and thoroughly examine State practices in light of evolving means of invading residents’ privacy. This intent has gone unrealized despite the fact that the intent of the Framers is clear, readily available, and the primary source state courts ought to use when interpreting the Constitution. This article delves into the transcripts of the …

A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad

Seattle Journal of Technology, Environmental, & Innovation Law

A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …

The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz

Newspaper Columns

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

Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery

Political Science Undergraduate Honors Theses

Numerous books, papers, journals, articles, and newspapers have explored the human experience in the American South for many decades. Much of this recorded history and further academic and historical literature spans the time period since the passage of the Nineteenth Amendment in 1920. Most of these works, while claiming to focus on the entire population, address only the life experiences of men while assuming their information pertains to the entire population. Although a portion of these accounts focus on the African American experience overall, just a fraction examines the female experience. In this paper I will be examining women’s political …