Political Science Commons^™

Policing The Traffic: The Capacity Of Legal Change To Arrest Human Trafficking In The European Union, Charlotte Mcdonald

Honors College Theses

Intense violence in the Middle East continues to force millions of displaced people to immigrate to Europe. Governments tighten border controls to stem the influx, and desperate individuals fall victim to human traffickers. Though European Union members have made progress in developing a legal framework for combatting this evil, past attempts to coordinate national laws failed to address the growing need. Research is needed to understand the causes of success and failure in this endeavor. Through a comparative case study of three states from different parts of Europe- Germany, Hungary and Turkey- I examine the extent to which to adoption …

Today's Challenges To Religious Liberty In Historical Perspective, Gerard V. Bradley

Journal Articles

From the Introduction

Many people say that religious liberty in our country is now under attack more than ever before. That's true as far as it goes, and in what follows I shall supply some reasons why I think so. But the chief aim of this Article is not to try to establish that religious liberty is in its most parlous state ever, as if some common threat-level metric is higher today than it was, say, a hundred or fifty years ago. As a matter of fact, Mormons and Native Americans in the late-nineteenth century faced government actions more hostile …

Fear And Firearms, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Qué Tan Lejos Hemos Ido Y Qué Tan Lejos Nos Queda: Los Niños Trabajadores Y La Erradicación Del Trabajo Infantil En Ecuador, Alicia Serna Frausto

CMC Senior Theses

Al investigar este problema en el caso específico de Ecuador podemos ver algunos patrones que otros investigadores y políticos podrían aplicar en otros contextos de abusos laborales y trabajo infantil. En un mundo más consciente de los derechos humanos, es necesario impedir el trabajo infantil donde se pueda o por lo menos asegurar que los niños que trabajan lo hagan en la forma más sana y segura. En esta investigación se analizan las leyes y regulaciones de las últimas dos décadas, la implementación, y los efectos en las vidas de los niños trabajadores. La implementación de las leyes y regulaciones …

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …

Nsst 475: Security In The 21st Century—A Peer Review Of Teaching Project Benchmark Portfolio, Tyler R. White

UNL Faculty Course Portfolios

This benchmark course portfolio is the culmination of a year’s long planning and execution process to improve an existing capstone course NSST 475. This course has two goals: to teach students about subject matter and to expose them to structured analytic techniques (SATs) before they graduate. This course is a minor capstone which means that the students come from a diverse set of disciplinary backgrounds. I targeted two course objectives to examine for this project with the intention of employing backward course design to think through what students should be learning and how I can improve that process. This portfolio …

The Fcc And Quasi-Common Carriage: A Case Study Of Agency Survival, Brent Skorup, Joseph Kane

Minnesota Journal of Law, Science & Technology

No abstract provided.

Intersecting Disadvantages: Race, Gender, And Age Discrimination Among Attorneys., Todd Collins, Tao L. Dumas, Laura Moyer

Faculty and Staff Scholarship

This article explores the impact of race, gender, age, and intersectionality on attorneys’ perceptions of unfair treatment by other lawyers and on satisfaction with their legal careers. Using an original survey of over 2,000 attorneys, ordered logit is utilized to analyze attorneys’ perceptions of disparate treatment based on race, gender, and age and to test whether minority female attorneys face unique barriers within their professional relationships. We find that minority women are more likely than others to perceive unfair treatment based on race, gender, and age. This also contributes to lower career satisfaction for attorneys who are women of color …

Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …

Federalism All The Way Up: State Standing And "The New Process Federalism", Jessica Bulman-Pozen

Faculty Scholarship

This commentary considers what federalism all the way up means for Gerken’s proposed new process federalism. The state-federal integration she documents underscores why judicial policing of “conditions for federal-state bargaining” cannot be limited to state-federal relations in the traditional sense. It must extend to state challenges to the allocation and exercise of authority within the federal government. The new process federalism would therefore do well to address when states will have standing to bring such cases in federal court. After Part I describes contemporary federalism-all-the-way-up litigation, Part II suggests that Gerken’s “Federalism 3.0” complicates both traditional parens patriae and sovereignty …

Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist

Scholarship@WashULaw

How governments and the electorate choose to structure judicial institutions has implications for the rule of law. In the state context, for example, judicial elections were instituted precisely because reformers expected elected judges to counter legislative action more vigorously through the power of judicial review. But when judges invalidate statutes more frequently, they reduce law’s predictability and stability. The same can be said for decisions overruling precedent: frequent overrulings undermine the norm of stare decisis and destabilize the legal status quo. These behaviors may also be viewed by some observers as more “activist” than those that defer to legislative judgments …

Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster

Faculty Scholarship

The Foreign Corrupt Practices Act (“FCPA”), which bans corporations from offering bribes to foreign government officials, was enacted during the Watergate era’s crackdown on political corruption but remained only weakly enforced for its first two decades. American industry argued that the law created an uneven playing field in global commerce, which made robust enforcement politically unpopular. This Article documents how the executive branch strategically under- enforced the FCPA, while Congress and the President pushed for an international agreement that would bind other countries to rules similar to those of the United States. The Article establishes that U.S. officials ramped up …

Improving Nuclear Safety, Security, And Nonproliferation In Northeast Asia Through Multinational Approach, Viet Phuong Nguyen

International Journal of Nuclear Security

No abstract provided.

Nuclear Power: Black Sky Liability Or Black Sky Asset?, Sherrell R. Greene

International Journal of Nuclear Security

Ready access to abundant electricity is a key enabler of modern life. During the past decade the vulnerability of Critical Infrastructure sectors in the U.S. to a variety of natural hazards and man-made threats has become increasingly apparent. The electrical infrastructure (the “Grid”) is the foundation for all other critical civil infrastructures upon which our society depends. Therefore, protection of the Grid is an energy security, homeland security, and national security issue of highest importance. Geomagnetic disturbances (GMD) induced by solar coronal mass ejections (CMEs), electromagnetic pulse (EMP) attacks, and cyber attacks are three events having the potential to plunge …

Addressing The Tunnel Threat At Nuclear Facilities: A Case Study, Md. Mobasher Ahmed

International Journal of Nuclear Security

No abstract provided.

Janus Realized: The Use Of Social Media As A Means Of Transparency Nuclear Communication To The Public, Frances Bachstein

International Journal of Nuclear Security

No abstract provided.

Letter From The Editor

International Journal of Nuclear Security

No abstract provided.

Implementation Of The 1995 Middle East Resolution: A Vital Lifeline To The Extension And Success Of The Non-Proliferation Treaty, Haidy Y. Ghoname, Howard Lewis Hall

International Journal of Nuclear Security

This study highlights the core non-proliferation dilemmas we face and suggests an effective mechanism for reviving the spirit and the hope of the Non-Proliferation Treaty. An indispensable key to the treaty calls for a rethinking of what we believe should be referred to as its four pillars: disarmament, non-proliferation, peaceful uses of nuclear energy, and implementation of the 1995 Middle East Resolution. We seek to contribute to the renaissance of the non-proliferation regime by addressing seven dilemmas that arise from the way various Non-Proliferation Treaty participants pursue the goals of the four pillars undergirding the treaty. This study highlights …

Table Of Contents

International Journal of Nuclear Security

No abstract provided.

Evaluation Of Covert Plutonium Production From Unconventional Uranium Sources, Ondrej Chvala, Steven Skutnik, Tyrone Christopher Harris, Emily Anne Frame

International Journal of Nuclear Security

The potential for a relatively non-advanced nation to covertly acquire a significant quantity of weapons-grade plutonium using a gas-cooled, natural uranium-fueled reactor based on relatively primitive early published designed is evaluated in this article. The economic and technical issues that would influence the design decisions of a covert ²³⁹Pu production program are considered.

Several unconventional uranium acquisition approaches were explored. Methods for extracting uranium from enrichment tails, seawater, and coal ash sources were considered. The evaluation indicated that uranium extraction from coal ash or insitu leaching from underground deposits could be performed in economical manner that might be difficult …

Student Competition Cover

International Journal of Nuclear Security

No abstract provided.

Prospects For Cooperation On Tackling Nuclear And Radiological Terrorism In South Asia: India–Pakistan Nuclear Detection Architecture, Muhammad Umer Khan

International Journal of Nuclear Security

No abstract provided.

Table Of Contents

International Journal of Nuclear Security

No abstract provided.

From The Editor’S Desk

International Journal of Nuclear Security

No abstract provided.

Opportunities And Challenges In Developing Nuclear Security In Africa, James Larkin Mfr

International Journal of Nuclear Security

Those involved in nuclear security recognize that regions of significant instability in Africa have an impact on the safety and security of the continent's nuclear material and un-enriched uranium; however, some countries outside of continental Africa have taken counterproductive approaches to this issue. Despite challenges, the nuclear security community continues to develop and apply appropriate levels of nuclear security where needed. The community also takes every opportunity to make significant contributions to the global discourse on nuclear security culture.

Legal And Regulatory Framework Of Nuclear Security In Indonesia, Dahlia Cakrawati Sinaga

International Journal of Nuclear Security

Nuclear security is one of the most important topics for regulatory purposes in Indonesia. Nuclear security measures exist to prevent, detect, and respond to unauthorized removal of radioactive material and the sabotage of nuclear and radiation facilities. Indonesia participates in bilateral and multilateral cooperation and international events such as the Nuclear Security Summit. Indonesia has also ratified several international instruments related to nuclear security. Based on commitment to international events and ratification, Indonesia has developed nuclear security infrastructures by strengthening legislation and regulation, enhancing building capacity, and strengthening equipment and facilities. Badan Pengawas Tenaga Nuklir (BAPETEN) is Indonesia’s nuclear energy …

Nuclear Security Risk Analysis: An Insider-Outsider Collusion Scenario, Mohammad A. Hawila, Sunil S. Chirayath

International Journal of Nuclear Security

This study analyses the vulnerability of the physical protection system (PPS) deployed at a hypothetical facility. The PPS is designed to prevent and eliminate threats to nuclear materials and facilities. The analysis considers possible outsider and insider threats. A modified adversary sequence diagram (ASD) evaluates threat pathways to test an insider-outsider collusion case. The ASD also measures the probability of adversary interruption by demonstrating the methodology for a typical nuclear facility.

Nuclear Security Culture And Batan’S Assessment: Batan’S Experience, Anhar R. Antariksawan

International Journal of Nuclear Security

Organizations should increase safety to minimize the harmful effects of nuclear materials. Additionally, organizations should take measures to protect security culture within the organization itself. This paper covers the National Nuclear Energy Agency of Indonesia’s (BATAN’s) promotion of nuclear security culture and self- assessment projects, which is based on the International Atomic Energy Agency’s (IAEA) methodology.

Modified Fault Tree Method For Vulnerability Analysis Of Nuclear Medicine Facility Security System Case Study: Radiotherapy Facility, Sardjito General Hospital, Haryono Budi Santosa

International Journal of Nuclear Security

Assessing the vulnerability of physical protection systems (PPS) in nuclear medicine facilities is needed to prevent a security incident that could lead to the malicious use of nuclear material. Theft and sabotage of nuclear materials is becoming globally recognized. The current methods of assessing vulnerability tend to be oriented toward complex nuclear security; consequently, it is excessive to use such methods in simple facilities (i.e., radiotherapy facilities in hospitals).

The fault tree analysis is a method to assess vulnerability for a simple nuclear facility. The method’s primary events (i.e., basic events and undeveloped events) are able to accommodate fault causes …