Legal Studies Commons^™

Beyond High Hopes And Unmet Expectations: Judicial Selection Reforms In The States, Rebecca D. Gill

Political Science Faculty Research

The scholarly debate about how to select state judges has been ongoing for decades; the public debate on the issue spans more than a century. Proponents on each side seem confident that their preferred method of judicial selection is the best. Reformers argued that, “judicial elections deserve the limelight in the variety show of threats to judicial independence.” Defenders of judicial elections have countered that judicial reformers are “waging war on democratic processes and the rights of citizens to maintain control over government.” The empirical evidence to date, however, has largely resulted in a draw. The more we learn about …

Foreword, I. William Zartman

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

No abstract provided.

Explaining Political Activeness And Attitudes Toward Unionization Among Nurses In The United States., Crystal L. Lesmeister

Political Science Theses and Capstones

There is no question; nurses play a key role in healthcare. Nurses provide direct care, coordinate health promotion activities, educate, and provide support and advocacy to patients. Today, there are over two million registered nurses in the United States. My research aims to determine the variables that influence some nurses to be more politically active and more engaged in unionization than their counterparts. I analyze The National Sample Survey of Registered Nurses 2004 looking at a variety of potential explanations for union participation. Findings show a strong regional variation in the percentage of unionization, however, some of the conventional explanations …

The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy, Charles Herman

Independent Study Project (ISP) Collection

This article presents the findings from an exploration of the 2013 Kenya Supreme Court ruling on the election petition. Raila Odinga, who averred that Uhuru Kenyatta was wrongly declared the victor of the election, brought a challenge to the Supreme Court. This article presents an overview of the election and judicial proceedings and then delves deeper into the issues. An application of Judicial Politics theory to the decision suggests that the Supreme Court was unbiased in the process. It is found that Uhuru Kenyatta supporters generally view the Supreme Court and the decision favorably and believe that no credible evidence …

Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien

Political Science Theses and Capstones

Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …

Volume 05, Ian Karamarkovich, Jessica Cox, Kyle Fowlkes, Allison Pawlowski, Kaitlin Major, Carrie Dunham, Kelsey Scheitlin, Kathryn Grayson, Ashley Johnson, Jennifer Nehrt, Kelsey Stolzenbach, Kristin Mcquarrie, Sara Nelson, Melisa Michelle, Jessica Sudlow, Perry Bason, Danielle Dmuchawski, Mariah Asbell, Matthew Sakach, Timothy Smith Jr., Annaliese Troxell, T. Dane Summerell, Sarah Ganrude, Malina Rutherford, Hannah Hopper, John Berry Jr., James Early, Colleen Festa, Chelsea D. Taylor, Michelle Maddox, Kaitlyn Smith, Sarah Schu, Cabell Edmunds, Katherine Grayson, Kayla Tornai

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

The Tallis House as an Extension of Emily Tallis in McEwan's Atonement by Ian Karamarkovich

Graphic Design by Jessica Cox

Graphic Design by Kyle Fowlkes

Graphic Design by Allison Pawlowski

Incorporating Original Research in The Classroom: A Case Study Analyzing the Influence of the Chesapeake Bay on Local Temperatures by Kaitlin Major, Carrie Dunham and Dr. Kelsey Scheitlin

Graphic Design by Kathryn Grayson

Graphic Design by Ashley Johnson

Facing the Music: Environmental Impact Assessment of Building A Concert Hall on North Campus by Jennifer Nehrt, Kelsey Stolzenbach And Dr. Kelsey Scheitlin

Art by Kristin …

After Tiller, Dereck Daschke

Journal of Religion & Film

This is a film review of After Tiller (2013) directed by Martha Shane and Lana Wilson.

Managing The Polarities Of Democracy: A Theoretical Framework For Positive Social Change, William J. Benet

Journal of Sustainable Social Impact

People around the globe have embraced democracy to bring about positive social change to address our environmental, economic, and militaristic challenges. Yet, there is no agreement on a definition of democracy that can guide social change efforts. The Polarities of Democracy model is a unifying theory of democracy to guide healthy, sustainable, and just social change efforts. The Polarities of Democracy model consists of ten elements, organized as five polarity pairs: freedom & authority, justice & due process, diversity & equality, human-rights & communal-obligations, and participation & representation. In this model each element has positive aspects and negative aspects and …

Sex Trafficking: The Influence Of Cultures, Socio-Economic Structures And Law & Order On Sex Trade In Asia, Saanya Dua

Political Science Theses and Capstones

Sex trafficking and prostitution are both matters of concern in today’s world. Trafficking of human beings is a global phenomenon and has been a topic of increased discussion and attention. It is believed that the sex trade industry is considered to be the fastest growing criminal industry in the world, currently it is second to drug trafficking in terms of profits through an illegal industry. Several initiatives have been made to prevent trafficking, through significant legislative and other actions provided to aid victims and those vulnerable in the world. However, the lack of systematic research is a big issue. Asia …

Natalie Stoljar’S Wishful Thinking And One Step Beyond: What Should Conceptual Legal Analysis Become?, Imer Flores

Georgetown Law Faculty Publications and Other Works

Praising wishful thinking is a serious risk that the author is willing to run not only in this article commenting of Natalie Stoljar’s work but also elsewhere in his scholarship. The author will analyze her claims and will agree mostly with them, he will also criticize her for stopping one step short adopting the desirability or weaker claim, when in it is not merely possible but necessary to go one step beyond arguing for the necessity or stronger claim. The author intends to present further grounds for endorsing “conceptual (legal) analysis pluralism” by distinguishing the three different inquiry or projects …

The Value Of An Interdisciplinary Education For Prospective Law Students, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Undergraduate pre-law education must prepare prospective law students for the challenges of law school and the law school admissions process. Although law school does not require a prerequisite course of study, it is my contention that the optimal undergraduate preparation consists of interdisciplinary liberal arts education. Such a pedagogical approach allows for students to understand law in the context of society and its practice beyond the theoretical fundamentals taught in most law schools. Many law school faculty favor interdisciplinary education in law school and law admissions officials stress liberal arts education for undergraduates. Accordingly, the optimal pre-law undergraduate education should …

Indiana, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of key Civil War developments in Indiana and how this conflict impacted Indiana.

Law Enforcement Personnel And Lawmaking, Katrina Roberts

A with Honors Projects

Police officers have the difficult job of reconciling two deeply held but conflicting values: our desire to be safe and secure and our strong belief in the right of individuals to be free from government coercion and excessive control. How law enforcement officers and departments handle this conflict has a direct bearing on how the public sees them. As a culture, we expect our police officers to be able to balance these goals, but when they veer off too far we criticize them. At the extreme, too heavy a focus on order and safety may border on police brutality.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Accidental Detention: A Threat To The Legitimacy Of Venezuelan Democracy, Mabel Gabriela Durán-Sánchez

USF Tampa Graduate Theses and Dissertations

The main argument of this thesis is that the penitentiary crisis in Venezuela is brought about an inept criminal justice system whose functioning (or lack thereof) further exacerbates overcrowding in penitentiary facilities as well as violates the most basic human rights. More elaborately, I argue that the unintentional (mis)use of pre-trial preventive detention, one of the consequences of the inept criminal justice system, further exacerbates the overcrowding in prisons and creates serious human rights implications. The purpose of this study is to establish a connection between the penitentiary crisis in Venezuela, with a focus on pre-trial preventive detention, and the …

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

Causes And Effects: An Examination Of Legislative Professionalism As An Independent And Dependent Variable In State Legislatures, Alexandra Edelstein

Mahurin Honors College Capstone Experience/Thesis Projects

Professionalism’s dual role as an independent and dependent variable makes the impact of its institutional characteristics on legislator attitudes and behavior important to understand. Professionalism affects the behavior and attitudes of the same legislators who control the strength of its characteristics through the policies they create. In this two-part study, I measure the influence of personal and contextual factors on legislator attitudes towards the adequacy of legislative professionalism in state legislatures. I then identify the effects of legislative professionalism on legislator allocation of time. I find that political (party) and personal (ambition) factors play the primary roles in shaping how …

The Californians Against Sexual Exploitation (Case) Act: A Case Study In Policy Advocacy, Bailey Mannisto-Ichés

Capstone Collection

In any given year in the United States of America at least 100,000 domestic youth are sexually exploited through the commercial sex industry. Current national and state laws do not adequately protect these children from being groomed, pimped, and exploited over and over again in their young lives. A majority of these children are trafficked from, into or within the nation’s most populated state of California. In 2003 the FBI identified three of the country’s 13 high-­‐intensity child sex trafficking cities as being in California. The cycle of violence these children endure is not being brought to justice through the …

The Creation Of State-Level Regulatory Systems: A Case Study Of Post-Prohibition Alcoholic Beverage Regulation, Jeremy Carp

Sociology Honors Projects

To better understand the way in which local and national forces operate to influence the design of subnational regulatory systems, this paper analyzes the development of alcohol regulation in the post-prohibition era. In particular, I examine why, in the period between 1933 and 1935, some states adopted a monopoly system of alcohol regulation and others a license system of alcohol regulation. I use fuzzy set qualitative comparative analysis (fsQCA) and case-based research to identify causal pathways leading to each regulatory outcome. I draw on state-level demographic, religious, and voting data, as well as measures of alcohol industry prevalence and prohibition …

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …

Phenomenological Theories Of Crime, Peter K. Manning, Michael W. Raphael

Graduate Student Publications and Research

The distinctive aspect of phenomenological theories of crime is that they are based upon a stated epistemology: how things are known and a specific ontology—the nature of social reality. This specificity aligns itself with neo-Kantian concern with forms of knowing, interpretation, and meaning, as well as with 20th-century concern with perception, cognition, and the framing of events. While there are influences of phenomenological thinking on varieties of theorizing, such as symbolic interactionism, critical theory, queer theory, and gender-based theories of crime, these ideas are refractions and are inconsistent in their reference to and understanding of the foundational phenomenological works. A …

On A Condition Or A Mission?: Examining The Political Histories Of Anti-Poverty Policies In Brazil, Venezuela And Colombia, Diego A. Melo

Latin American Studies Honors Projects

Political culture, fiscal constraints and institutional incentives have shaped the making and implementation of Conditional Cash Transfers (CCT) in Latin America. However, why have CCTs consolidated in Brazil, been secondary in Colombia and remained absent in Venezuela? Brazilian authoritarian legacy and neoliberal rationality combined with strong federalism during economic downturn and provided room for experimentation in social policy, eventually leading to the incorporation and future universalization of CCTs (Bolsa Família). In contrast, less rationalized bureaucracies in Colombia and Venezuela have operated under strong presidentialism, allowing economic recessions and executive electoral incentives to shape weak CCT implementation (Familias …

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …

Volume 04, Matt Szemborski, Phillip Van Ness, Sarah Croughwell, Sarah Mayfield, Alyssa Strackbein, Marley Kimmel, Stephanie Skipp, Jamie Yurasits, Katherine Taggart, Alex Leonhart, Kristen Rawls, Andrew Armes, Amanda Haymens, Allison Paqlowski, Erica May, Stephanie Lane, Luke Acree, Cassandra L. Wilson, Stephanie Pishock, Erica Hopson, K. Juston Osborne, Katheryn Grayson, Kyle Fowlkes, Jessica Cox, Kaity Byrum, John-Harwood Scott, Ashley Johnson, Samantha Hockman, Emily Staskiel, Nancy Macdonald, R. Kruger Bressin, Benjamin P. Bilodeau, Andrea Irby, Kristin Macquarrie, Sarah Bietsch, Elizabeth Bednar

Incite: The Journal of Undergraduate Scholarship

Please note that part of pages 92-95 are redacted, in the digital copy, due to a misprint of the original printed article.

Introduction from Dean Dr. Charles Ross

The Internal Other: Transculturation and Postcolonial Magical Realism in Rushdie’s Midnight’s Children by Matt Szemborski

Photography by Phillip Van Ness

Photography “Waterfall” by Sarah Croughwell

Romancing the Bite: Statistical Analysis of Young Adult Vampire Novels by Sarah Mayfield

Photography by Alyssa Strackbein

Photography by Marley Kimmel

Wine and Society in the Viceroyalty of Peru by Stephanie Skipp

Analysis of Claud Monet’s Impression, Sunrise by Jamie Yurasits

Exploring Meaning: The Lindisfarne Gospels by …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

Philosophy: Faculty Publications and Other Works

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

Consensus, Disorder, And Ideology On The Supreme Court, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Ideological models are widely accepted as the basis for many academic studies of the Supreme Court because of their power in predicting the justices' decision-making behavior. Not all votes are easily explained or well predicted by attitudes, however. Consensus in Supreme Court voting, particularly the extreme consensus of unanimity, has often puzzled Court observers who adhere to ideological accounts of judicial decision making. Are consensus and (ultimately) unanimity driven by extreme factual scenarios or extreme lower court rulings such that even the most liberal and most conservative justice can agree on the case disposition? Or are they driven by other, …