Legal Studies Commons^™

Measuring Deviations From Expected Voting Patterns On Collegial Courts, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Even where idiosyncratic factors such as ideology play large and consistent roles in judges' decision-making, there are always cases where the patterns of judges' votes confound our expectations. In some ways, these are among the most interesting cases for scholars, raising important questions about judicial behavior and institutions. In the first part of this paper, we introduce a quantitative measure of deviations from expected voting patterns intended to allow scholars to systematically study unexpected votes and the questions they raise. In the second part, we illustrate the use of this new measure by developing a preliminary model to predict departures …

Punishment And Political Order, Keally D. Mcbride

2019 USF Faculty and Staff Books

Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state's exercise of punitive power--from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of …

The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

Claims of judicial activism are common, from both the right and the left, but they are seldom scrutinized closely. Prior tests of judicial activism have involved simply counting the number of cases in which justices vote to invalidate statutes. This data provides a rough guide but omits any consideration of the judicial legitimacy of the statute - a decision to strike down a plainly unconstitutional statute is appropriate judicial behavior. To provide a better test, we adjust the count of statutory invalidations for each justice of the Burger Court, based upon the degree to which the votes show a consistent …

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

Slavery In The 21st Century, Paul R. Rickert

Faculty Publications and Presentations

This paper briefly examines the modern practice of slavery. It attempts to demonstrate that slavery is a larger problem than most understand, does exist in the United States, and will outline some effective means to combat it.

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

In this response to Light, Koppell argues that the increasing frequency of reform may reflect Congress's inability to make significant changes to the substance of entrenched government programs. Moreover, he observes that the more profound evolution in government has been the movement toward the market-based provision of services, which has created a demand for new competencies in the public sector.

The Suits That Counted: The Judicialization Of Presidential Elections After Bush V. Gore, Charles Anthony Smith, Christopher Shortell

Political Science Faculty Publications and Presentations

After the litigation of the 2000 presidential election are parties, candidates, and interest groups more likely to utilize pre-election litigation as a part of the normal election strategy? Our findings suggest this is the case, at least when a close election is anticipated. The difference in the political landscape and logic after the 2000 litigation is that the political players now perceive the judiciary as a venue of first rather than last recourse. Using data from all fifty states and the District of Columbia, we show that courts are seen as one of the primary arenas for challenging the rules …

The Growth Of The Commerce Clause As Mechanism Of Control, Paul R. Rickert

Faculty Publications and Presentations

Article 1, Section 8, clause 3 of the United States Constitution states that “Congress shall have the power… To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. This short and simple statement has been progressively used, in combination with a few other powers both granted and assumed by various federal actors, to take greater and broader powers over the states and private citizenry. The original judicial understanding of the so-called Commerce Clause (differentiated from original intent) comes from the 1824 case of Gibbons v. Ogden, 22 U.S. 1. Through subsequent cases, the judicial …

Conscientious Communities: The Question Of The Government Legislation Of Morality, Lindsay Nicole Jenkins

Honors Program Theses

Clearly, the issue of government legislation of morality is a relevant issue in American society today. It is a complicated issue, to be sure, but it is a question that is deserving of time and contemplation. In this paper, I will argue that not only should the government be allowed to legislate morality, but that it is imperative that it does. Additionally, I will refute common disputes against this stance, as well as delve into the intricacies of the implementation of this policy. Finally, I will paint a picture of how a modem United States would function while allowing the …

Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

In this article, Professors Lindquist and Cross empirically study the effect of precedent on judicial decision-making. The framework for their analysis is Ronald Dworkin’s “chain novel” metaphor, an influential theory of the role of precedent whose validity has not previously been empirically tested. The chain novel metaphor suggests that the judicial use of precedent can be likened to a group of authors writing a novel seriatim, in which the accumulation of chapters increasingly constrains the choices and freedom of subsequent writers. Precedent is one of the most important areas of legal research, but currently there is no dominant working theory, …

Book Review Of English Lawyers Between Market And State: The Politics Of Professionalism, Harry Arthurs

Journal of Legal Education

No abstract provided.

The Fight For Political Representation In A Southern Suburb: The Use Of The Voting Rights Act And The Federal Court System By Black Plaintiffs In Henrico County, Virginia, Thomas J. Shields

Jepson School of Leadership Studies articles, book chapters and other publications

There has been an abundance of written work on the historic fight for black political equality in southern urban areas. However, almost no scholarly work exists on the fight for black political equality in the rapidly expanding southern suburbs. This article analyzes the rise of the black population and its fight for political representation on the local governing board in Henrico County, a large suburb of Richmond, Virginia. The article details the increase in the black population in Henrico County from 1950 to 2000 and provides a descriptive analysis how black plaintiffs used the Voting Rights Act in a redistricting …

“Bin Laden’S Brain”: The Abrasively Negativistic Personality Of Dr. Ayman Al-Zawahiri, Aubrey Immelman, Kathryn Kuhlmann

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Ayman al-Zawahiri, deputy leader of the al-Qaida terrorist network at the time of the September 11, 2001 terrorist attack on the United States and allegedly chief strategist for al-Qaida operations and personal physician to Osama bin Laden.

Al-Zawahiri’s primary personality patterns were found to be Contentious/oppositional and Dominant/controlling, with secondary features of the Dauntless/dissenting and Ambitious/self-serving patterns.

The amalgam of Contentious (negativistic, or passive-aggressive) and Dominant (aggressive, or sadistic) patterns in al-Zawahiri’s profile suggests the presence of the “abrasive negativist” syndrome. For these personalities, minor frictions easily …

Trends. Aviation Security: Thinking About Capps, Capps Ii, And Beyond, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses computer assisted passenger prescreening systems (CAPPS) and aviation security.

Finding The Feathers In “Birds Of A Feather”: An Antiterrorist And Counterterrorist Dilemma In Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article describes a significant challenge for intelligence analysts attempting to identify individuals, groups, and organizations that have joined, are joining, or will join forces in terrorist enterprises.

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.

Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Hard Choices: Moral Dilemmas in Humanitarian Intervention edited by Jonathan Moore. New York: Rowman & Littlefield, 1999. 322pp.

Humanitarian Intervention: Ethical, Legal, and Political Dilemmas edited by J. L. Holzgrefe and Robert O. Keohane. New York: Cambridge University Press, 2003. 350pp.

The Black And White Of Profiling: Sniping On The Sniper Case, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the construct of profiling in the aftermath of the arrest of two suspects in the recent sniper attacks perpetrated in the greater Washington, D.C. area.

The Personality Profile Of Al-Qaida Leader Osama Bin Laden, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Osama bin Laden, founder and leader of the al-Qaida terrorist network responsible for the September 11, 2001 terrorist attack on the United States.

Bin Laden’s primary personality patterns were found to be Ambitious/exploitative and Dauntless/dissenting, with a secondary Distrusting/suspicious orientation, and subsidiary Dominant/controlling and Conscientious/dutiful features.

Ambitious individuals are bold, competitive, and self-assured; they easily assume leadership roles, expect others to recognize their special qualities, and often act as though entitled. Dauntless individuals are bold, courageous, and tough; minimally constrained by the norms of society; routinely engage …

The Personality Profile Of September 11 Hijack Ringleader Mohamed Atta, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of a posthumous, indirect assessment of the personality of Mohamed Atta, apparent ringleader in the September 11, 2001 terror attack on the World Trade Center and the Pentagon, from the conceptual perspective of Theodore Millon.

Information concerning Mohamed Atta was collected from media reports in the one-month period following the attack and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the …

Gender Contests, Susan Frelich Appleton

Scholarship@WashULaw

This contribution for the “Law, Ethics, and Gender in Medicine” column in the Journal of Gender Specific Medicine interrogates the understanding of gender itself, at a time when transgender and intersex issues were just beginning to “come out” in both popular culture and case law. Against this background, the column explores the roles that physicians have played in such gender contests and considers how evolving medical attitudes can help achieve reform.

Politics And Psychology: Assessment And The Law, Ibpp Editor

International Bulletin of Political Psychology

This article highlights one significant impediment to valid psychological assessment in support of the criminal justice system.

Trends. Rape As Terrorism: Difficulties In Criminal Justice Adjudication, Ibpp Editor

International Bulletin of Political Psychology

The article focuses on psychological complexities in successfully adjudicating allegations of terrorist rape--i.e., rape committed intentionally to achieve formal political objectives.

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.

Five Meanings Of Cuba's Political Prisoners, Holly Ackerman

Cuban Studies Association Occasional Papers

No abstract provided.

Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar

LLM Theses and Essays

The continuing oppression and violation of human rights in Mexico is predicated on the abuse of executive power, suppression of the powers of the Comision Nacional de Derechos Humanos (the National Commission for the Protection of Human Rights), and the usurpation of the authority of the judiciary. This thesis conducts a comparative analysis of the protection of human rights under the Constitution of the United States, the German Basic Law, and the Constitution of Mexico. It analyses the concept of the judicial review of executive and legislative powers and advocates for the establishment of a National Court of Human Rights …

Comments On Walzer's "Judgment Days": Public Accountability For The Egregious Behavior Of, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on Michael Walzer's "Judgment Days". Walzer's article was published in The New Republic, December 15, 1997, pp. 13-14.

Contributors: Vol 20 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 20 (1997): Pacific Studies Full Issue 3

Vol. 20 No. 3 (1997): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …