Political Science Commons^™

Contract Law And The Liberalism Of Fear, Nathan B. Oman

Faculty Publications

Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. There are, however, many strands of liberal thought and which of them best justifies contract is a difficult question. In The Choice Theory of Contracts, Hanoch Dagan and Michael Heller offer a vision of contract based on autonomy. Drawing on the work of Joseph Raz, they argue that extending autonomy should be the law’s primary concern, which requires that we extend the range of contractual choices available. While there is much to admire in their work, I argue that autonomy as conceived by Dagan and Heller …

Geolocation Of Political Protests In Nicaragua, Jacob Boyer

The Journal of Purdue Undergraduate Research

No abstract provided.

The Future Of War: Cyber-Attacks And Aggression In International Law, Jamie Hogan

University Honors Theses

Cyber-attacks are becoming more advanced, and more dangerous, but can these simple lines of code be considered acts of war? My research looks at cyber-attacks through international law framework regarding jus ad bellum, the resort to war. After looking at cyber-attacks through this lens, it is possible to declare certain types of cyber-attacks as acts of aggression, and ultimately allow states to invoke their right of self-defense in response to these attacks. My research will then address the need for international law regulating these new weapons of war.

The Fiduciary Obligations Of Public Officials, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

At various levels of government, the conduct of public officials is often regulated by ethical standards laid down by legislative enactments, such as federal or state statutes or municipal ordinances. These rules of government ethics are important landmarks in the field of law that defines the legal and ethical obligations of public officials. Such provisions can form the basis for the kinds of government ethics training that helps to minimize wrongful conduct by public servants and reduces the risk that the performance of official duties will be clouded by appearances of impropriety. Codified government ethics rules also frequently provide mechanisms …

The Relevance Of The Constitution In Today's Society, Matthew Reiber

Boise State University Theses and Dissertations

How relevant is the Constitution in today’s society? This is the document that guides the three branches of government in day to day operation, demonstrating that what the Constitution means to the people of the United States is essential in gauging how relevant people think our government is. In this experiment, I surveyed 348 different college students on Boise State campus with a list of different questions to first find out their general knowledge of our Constitution, then their opinion of it. Students were randomly assigned to receive a text about a Supreme Court case that involves interpreting the Constitution …

The Oppressive Pressures Of Globalization And Neoliberalism On Mexican Maquiladora Garment Workers, Jenna Demeter

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

The international economic trends of globalization and neoliberalism have exposed and enabled the exploitation of Mexican workers, especially women in the maquiladora garment industry. During the 1950s, globalization gave rise to the new international division of labor and transnational corporations (TNCs) that have offshored labor-intensive phases of production to developing countries, many of which have pursued export-led industrialization. Export processing in Mexico was encouraged in the 1960s by Item 807 of the U.S. Tariff Code and Mexico’s Border Industrialization Program. Especially following the Latin American debt crisis of the 1980s, advanced capitalist countries and International Financial Institutions foisted neoliberal structural …

Turkish Domestic Actors’ Role In Foreign Policy Making: Case Of Turkey – Krg’S Strategic Bilateral Partnership, Luerdi L

Global: Jurnal Politik Internasional

This paper aims to describe the role of Turkish domestic societal actors in the state policy making in the case of strategic bilateral partnership between Turkey and the Kurdistan Regional Government (KRG); a quasi state within the Iraqi federal state. The rareness of literature describing domestic forces within Turkey and the consequence for the state’s policy in building a strategic partnership with the KRG was the gap that this research would be expected to narrow. The paper argues that Turkish domestic actors like the individual, the Justice and Development Party (AKP), the Turkish military and business people had an important …

Kashmir As A Symbol Of Pakistan: Why Violence In Kashmir Never Stop?, Wonjune Hwang

Global: Jurnal Politik Internasional

Kashmir has been a 'powder keg' in South Asia. In this region, India and Pakistan waged three all-out wars and numerous skirmishes. Kashmir has been occupied separately since 1947, but still, both sides claim the other’s occupation is illegal. Muslim Kashmiris, who are allegedly supported by Pakistan, continuously commit terrorist acts, and in return, Indian officials in Jammu and Kashmir violently suppress demonstrations and commit human right violations. After 9/11 in 2001, terrorists have become demonized and pardonless. This article focuses on analyzing the sources of violence and Pakistani intervention. The idea of this article is theoretically based on Volkan's …

Islamic State In Iraq And Syria (Isis) And Its Impact In Indonesia, Fredy B.L. Tobing, Erwin Indradjaja

Global: Jurnal Politik Internasional

This paper presents a historical and qualitative study to examine the rise of the Islamic State of Iraq and Syria (ISIS) as a force in international politics and its impacts on the dynamics of violent extremism threat in Indonesia. The rise of ISIS was a turning point from the nascent progressive shift toward democratization in the Arab world represented by the “Arab Spring,” and its influence has spread beyond Syria and Iraq to threaten regional and global security. Like in other countries in the Islamic world, Indonesian society and politics have been significantly affected by the activities of ISIS. In …

From Rivals To Partners: Constructing The Sino-Indonesian Strategic Partnership, Gatra Priyandita

Global: Jurnal Politik Internasional

This study is an inquiry into the use of strategic partnerships as an instrument of diplomacy in Indonesia. Strategic partnerships have become a key fixture of Indonesia’s omnidirectional foreign policy in the post-Suharto era. However, the rationale behind the formation of strategic partnerships for Indonesia’s strategic interests, as well as the process behind its formation, remain understudied. This paper seeks to fill this gap in the literature by examining how Indonesia utilizes its strategic partnership to engage China. Using Wilkins’ analytical framework for the study of strategic partnerships, this study finds that Indonesian policymakers have used strategic partnerships as instruments …

Indonesian Policy In Ratifying The 2015 Paris Agreement, Haekal Siraj

Global: Jurnal Politik Internasional

The 2015 Paris Agreement requires all participating countries to reduce emisson level. Indonesia as Non-Annex I accepted the norms of the 2015 Paris Agreement by ratifying this agreement. Meanwhile, Indonesia's emissions level continues to increase due to the rate of deforestation and forest degradation in Indonesia which ranks highest in the world. This study aims to analyze Indonesian policy in ratifying the agreement by using the Constructivism Perspective in explaining the International Regime and the Concept of Norm Influence by Finnemore and Sikkink. The study uses qualitative methods with explanatory designs. Data collection techniques are sourced from secondary sources as …

Celac: Mexican Foreign Policy Interest On Latin American And Caribbean Regionalism, Demeiati Nur Kusumaningrum

Global: Jurnal Politik Internasional

La Comunidad de Estados Latinoamericanos y Caribeños (CELAC) was initiated in 2011 as a forum for dialogue and consensus between Latin American and Caribbean governments where it forms a trading block that excludes the United States and Canada. The US objected to the establishment of CELAC which seemed to challenges the former regional organization (OAS). This paper aims to analyze the considerations of the Mexican government to join CELAC in the midst of mutual agreement with US and NAFTA. Theory of formulation of foreign policy is used to answer the sources of political consideration of the Mexican government. It is …

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson

Arkansas Law Review

All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition …

Rafi & Patra, Rafi, Patra, Tsos

TSOS Interview Gallery

Rafi and his family have been stuck on the border between Greece and Macedonia for almost four months. They made their way from Afghanistan, received certificates in Greece to help them on their journey, but were then stopped at the border of Macedonia. The Macedonians said that they were no longer allowing Afghans into their country. Now all they can do is wait and hope. In Afghanistan,Rafi was a military man. As a young man, he was a part of the Revolution army, but later was made a soldier for the Government Security of Kabul. During that time, he was …

Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger

History

A century ago, on May 21, 1919, the US House of Representatives voted difinitively (304 to 89) in support of women’s suffrage. Two weeks later, Wisconsinite Belle La Follette sat in the visitors’ gallery of the US Senate chamber. She “shed a few tears” when it was announced that, by a vote of 56 to 25, the US Senate also approved the Nineteenth Amendment, sending it on to the states for ratification.¹ For Belle La Follette, this thrilling victory was the culmination of a decades-long fight. Six days later, her happiness turned to elation when Wisconsin became the first …

Interrogating Illiberalism Through Chinese Communist Party Regulations, Samuli SeppäNen

Cornell International Law Journal

Can the exercise of political leadership, which is meant to transcend laws, nevertheless, be governed by formal rules? This Article examines the relationship between the illiberal governance project and rule-based governance in the context of the Chinese Communist Party's internal "intraparty" regulations. In the past few years, Chinese Communist Party leaders have sought to strengthen the Party's political leadership by extending its discipline inspection mechanisms further into Chinese state organs. The Party leaders have also sought to regulate Party cadres' uses of power more closely through intraparty regulations. The efforts to strengthen the Party's political leadership through improving intraparty regulations …

Melville's Billy Budd And Plato's Republic: Sea Captains And Philosopher-Kings, Rob Atkinson

Scholarly Publications

This article shows how Melville's Billy Budd, rightly one of law and literature's most widely studied canonical texts, answers Plato's challenge in Book X of the Republic: Show how "poets" create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic's philosopher-king, even as his story is precisely the sort of "poetry" that Plato should willingly allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law's agents must be wise, even as their law must be philosophical, if …

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a whole. …

Marta, Marta, Tsos

TSOS Interview Gallery

Marta is a member of the support community for Central American refugees arriving in the southwest US. In this interview, Marta shares her own story of crossing the border at a young age with her daughter and her life in the US. Marta was self-employed for many years and later went on to serve in the US Army in Iraq. For the last 9 months, she and her husband Israel and son Josue have worked tirelessly to help make sure the current refugees arriving are cared for after they are released from detention centers and begin their lives in the …

Is Modern Paganism True?, Anthony T. Kronman

San Diego Law Review

Anthony T. Kronman’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

Paganism Is Dead, Long Live Secularism, Samuel C. Rickless

San Diego Law Review

Samuel C. Rickless’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand

San Diego Law Review

In the recent culture wars, traditionalists and progressives have clashed over dueling conceptions of family, sexuality and religion—manifested in debates over abortion, contraception, and same-sex marriage. Caught in this conflict has been a political and cultural reassessment of religious liberty; a doctrine originally seen as necessary to protect faith commitments from majoritarian persecution, the public salience of religious liberty has waned as it has clashed with the rights of women and LGBT people. And these evolving commitments to dueling rights have triggered religious, political, and ideological realignments, generating new alliances across political and faith communities.

In this new environment, both …

Sports Betting And Indian Gaming: Overcoming Barriers To Market Entry And Integration Of Sports Books Into Tribal Casinos, Steve Light

International Conference on Gambling & Risk Taking

Abstract

Even before the U.S. Supreme Court issued its decision In Murphy v. NCAA (2018) permitting states to legalize sports wagering, the biggest brand-names in gaming worldwide were positioning themselves to capitalize on the fan base for America’s most recognizable sports leagues.

Sports wagering already is up and running in five states; analysts predict that more than half the states will legalize it within five years. Many will be among the 29 states that currently have casinos owned and operated by American Indian tribes in this $32.4 billion market segment.

There is no firm sense and little data pointing to …

The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879, Matthew P. Carlin

LSU New Orleans Theses and Dissertations

Louisiana developed an extensive system of levees throughout the Atchafalaya Basin and along its territorial Mississippi River. This system reached its zenith on the eve of the American Civil War. It went into dramatic decline following the conflict due to the confluence of military activity, protracted irregular warfare, and neglect stemming from labor and capital revolution. These shifts intensified with the 1863 Emancipation Proclamation and finally consolidated after the ratification of Louisiana’s Constitution of 1879. The shift of responsibility for the construction and maintenance of levees during the Reconstruction Era led to many significant changes in the character and function …

The Equal Rights Amendment: Why All U.S. States Have Not Ratified, Gina Tan, Mirren Galway

CURCE Annual Undergraduate Conference

Currently, enacted legislation for the equality of men and women in the United States does not exist. Despite many advancements, as of 2018, the equality of men and women is not explicitly stated in the U.S. constitution. There is a long history of discrimination against women in the U.S., and for some time now, there have been pushes toward constitutionalizing equality based on Sex. One such push came in 1923, shortly after women were granted the right to vote and The Equal Rights Amendment (ERA) was introduced. This amendment mandates that the “Equality of rights under the law shall not …

Syrian Crisis Representation In The Media: The Cnn Effect, Framing, And Tone, Savannah S. Day

Venture: The University of Mississippi Undergraduate Research Journal

Over the past seven years of the Syrian Civil War, Syrian refugees have been painted in a negative light by news media outlets around the world. History of media coverage regarding global humanitarian crises shows that with various tools and processes, media can shape public opinion and policy in whichever direction it desires, and oftentimes policymakers and the public are quick, as well as emotional, to react. In this paper, my objectives are to analyze specific examples of this CNN Effect phenomena within news coverage of the Syrian refugee crisis, as well as generally explain the negatively correlating relationship between …

The Rhode Island Earned Income Tax Credit: History And Analysis, Andrew Boardman

Senior Honors Projects

This paper offers a comprehensive political history of the Rhode Island Earned Income Tax Credit (EITC) and an analysis of Rhode Island EITC recipients. It explores the history of the Rhode Island EITC, an income subsidy available to low-income workers, from its introduction in 1975 through 2018. It details the forces behind expansions and reforms and the effects of those changes. It also analyzes microdata to construct a profile of current EITC recipients. This paper concludes that the Rhode Island EITC has historically been viewed as both a poverty alleviation program and an incentive for labor market work. The Rhode …

Sweeping Exposures: Lead Poisonings And Black Working Poor Populations In The United States, Shirley Reid

Dissertations, Theses, and Capstone Projects

The focus of my thesis is to explore some of the realities that the impoverished urban black poor populations face in America today. The goal of my thesis is to illustrate how poverty is reproduced within impoverished neighborhoods through the idea and mechanism of lead exposure, by recognizing how specific exposure to the element lead and its by-products is both a symbol and a material cause of black urban poor illness and disability. There is no mistake that people living in the U.S. are aware of the social injustices against black populations in the form of racial injustice. However, …