Political Science Commons^™

Measuring The Unconscionable, Sarah Stanlick

Human Rights & Human Welfare

The combination of level-headed scientific approaches and passionate activism seems at first glance an incompatible relationship. For the passionate humanitarian, there is a hesitation in fear of "selling out" to the black and white world of science, that science would somehow take the "human" dimension away from human rights. However, the bigger issue-and opportunity-is the multitude of ways that the partnership between scientific method and human rights can yield possibilities and innovations. As described in Sonia Shah's piece in The Nation , scientists are coming together to lend their unique skills and perspective to the ever-changing global status of human …

Scientists Have Been Out For Some Time Now: A Response To Sonia Shah, Clair Apodaca

Human Rights & Human Welfare

Sonia Shah's categorization of the scientific community as having been "by and large. impassively unmoved [by human rights], churning out their papers, applying for grants and debating esoterica at their private professional meetings" is grossly inaccurate on at least two accounts.

Scientists Promoting Human Rights, Edward Friedman

Human Rights & Human Welfare

Scientists have long been involved with work to protect fundamental human rights. The activities of the Federation of American Scientists to expose the health impact of nuclear testing in the atmosphere is typical. In the Soviet Union , many of the leading human rights activists, starting with the great Andrei Sakharov , were scientists. The same is true in China where a major intellectual force inspiring China's 1989 democracy movement was Fang Lizhi , an astrophysicist. Often their contribution to military security even gives them a little bit of protection.

The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker

BYU Law Review

No abstract provided.

March Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Scientists Come Out for Human Rights ” by Sonia Shah. The Nation. January 27, 2009.

Enlightenment: Science And Human Rights, Christien Van Den Anker

Human Rights & Human Welfare

The subject of science and human rights sparks off thoughts of how this link has historically and geographically been severed, which has the effect of finding it newsworthy that scientists speak out in favor of human rights.

The ancient Greek philosophers were not limited in their subject matters in the same way as we take for granted now: science, society and the self were all deliberated about both empirically and normatively. Moreover, there was no division of labor between thinkers about one or other of these subjects.

Pre-Islamic Persian influences also affected debates on science. In the Middle Ages with …

Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer

Faculty and Staff Scholarship

Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006.

Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments.

Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that …

Protecting Human Rights In Conflict, Clair Apodaca

Human Rights & Human Welfare

The Just War Theory of Jus in Bello is the international community’s attempt to ensure respect for human rights and human welfare during armed conflicts. The principle of proportionality and the obligation to distinguish between combatants and civilians in attacks are two related notions that are fundamental to the protection of human rights during conflict. The principle of proportionality limits the amount of violence and destruction that is morally permissible. By contrast, the principle of discrimination (or distinction) discriminates between legitimate targets, such as soldiers and weapons depots, and illegitimate targets, specifically noncombatants such as civilian populations and their property.

Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman

Human Rights & Human Welfare

The relationship between promoting human rights and stopping wars can be perplexing. The 19th century origins of the Geneva Convention and the International Commissions of the Red Cross (ICRC) are warnings about the moral danger, ambiguities, or tensions of bringing war within the arena of human rights considerations. Human rights and war can be a toxic cocktail. One should not want to make war more likely or legitimate or deadly by seeming to say that the killing machine on one side or the other is acting humanely, as if that makes war okay. War is hell.

Proportionality And Unjust Wars, Sarah Stanlick

Human Rights & Human Welfare

As violence rages in the Middle East, policymakers, academics, and the public alike have been embroiled in debate over the proportional use of force. As The Economist article points out, historical grievances leave both Israelis and Palestinians with compelling arguments for defense and resistance. However, at this point, the cycle of violence has perpetuated blame that goes beyond a simple tally sheet. World leaders remain divided on the rights and wrongs of the Israeli-Palestinian conflict, but human rights groups internationally are crying out for Israel and Hamas to end attacks that “do not discriminate between civilians and military targets.” While …

"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl

Educational Studies, Research, and Technology Department Faculty Publications

This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …

Proportional To Life, Emma Gilligan

Human Rights & Human Welfare

The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.

Healing From War To End All Wars, Christien Van Den Anker

Human Rights & Human Welfare

The First World War was known as the war to end all wars. After the Second World War, and especially in reference to the Holocaust, the urgent slogan was “Never Again.” Although these hopes to end war and genocide have not yet been fulfilled, they inspired the worldwide moral stance against war and a host of international instruments and bodies contributed to the protection of both civilians and combatants during war.

Law As A Tool For Empowering Women Within Marital Relations: A Case Study Of Paternity Lawsuits In Egypt, Hind Ahmed Zaki

Archived Theses and Dissertations

No abstract provided.

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Proportional to What?” The Economist. December 30, 2008.

Darfur: In Search Of Peace Exploring Viable Solutions To The Darfur Crisis, George Shepherd, Peter Van Arsdale, Negin Sobhani, Nicole Tanner, Frederick Agyeman-Duah

Human Rights & Human Welfare

The following is a report for the Consultation on Darfur carried out in Nairobi, Kenya by Africa Today Associates, Inc. The event took place June 9‐11, 2008 and was made possible with support from Ford Foundation, Kenya (in collaboration with the Institute of International Education). This report aims to build upon, not replace, the findings of our Consultation in Abuja, Nigeria. It is for this purpose that the findings and points addressed in this report are solely those discussed in Nairobi. Although it is inevitable that the two consultations reflected some overlap on the core issues and discussion points, especially …

Kenneth W. Starr: A Biography, Ronald D. Rotunda

Law Faculty Books and Book Chapters

A biography of Kenneth Starr, American lawyer and judge best known for his controversial report that led to the impeachment of President Clinton.

A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg

Law Faculty Scholarship

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …

The European Court’S Political Power Across Time And Space, Karen Alter

Faculty Working Papers

This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …

Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn

Electronic Theses and Dissertations

The Israeli-Palestinian conflict is a quagmire of interests working against one another. In this paper, I explore the specific role of religio-political groups in the conflict. I particularly examine the ideological political and religious foundations of Gush Emunim and Hamas, paying much attention to the question of why they are attractive to people in our current era. I argue that these groups are continuously effective in opposing the current quest for a peaceful resolution to the conflict, and that they continue to grow as the result of an identity crisis brought about by factors related to globalization and the failure …

Role Expectations And State Socialization: Germany's Rediscovery Of The Use Of Force 1990–1995, Thorsten Spehn

Electronic Theses and Dissertations

This dissertation engages the question of why German political elites accepted the use of force during the 1990s and started to commit the country's armed forces to multilateral peacekeeping missions. Previous governments of the Federal Republic had opposed foreign deployment of the military and Germany was characterized by a unique strategic culture in which the efficacy of military force was widely regarded as negative. The rediscovery of the use of force constituted a significant reorientation of German security policy with potentially profound implications for international relations.

I use social role theory to explain Germany's security policy reorientation. I argue that …

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

Faculty Publications

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.

Think Big And Ignore The Law: U.S. Corn And Ethanol Subsidies And Wto Law, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

Everyone should care about what happens at the World Trade Organization (WTO) in Geneva. This Article argues that new challenges to US corn and ethanol subsidies are highly likely. Even though at first glance this Article deals with the specialized and esoteric field of international trade law, its sweep is much broader. The subject of this Article is also both timely and salient. Part I explains the multi-layered WTO regime on agriculture and subsidies, with particular emphasis on the delicate interplay among multiple WTO agreements. Part II discusses the Upland Cotton case in detail, highlighting in particular the implications for …

The Responsibility To Protect: A Policy Forum, Sarah Bania-Dobyns, Kathy Gockel, Kyle Matthews, Jodi Vittori

Human Rights & Human Welfare

Human Rights and Human Welfare is pleased to offer its first policy forum-a new type of review to add to our review essays, book notes and roundtable. In this policy forum we asked practitioners in the field to review a set of policy reports on the responsibility to protect. R2P, as practitioners and scholars alike have come to know this policy area, like many of the human rights concepts addressed by HRHW, is a multifaceted concept requiring perspectives from different fields and professions to address it comprehensively. Further, R2P is a quickly changing policy issue, and academics and practitioners …

Rebecca Root On Banning Landmines: Disarmament, Citizen Diplomacy, And Human Security. Edited By Jody Williams, Stephen D. Goose And Mary Wareham. (Lanham, Md: Rowman & Littlefield Publishers, 2008). 348pp., Rebecca Root

Human Rights & Human Welfare

A review of:

Banning Landmines: Disarmament, Citizen Diplomacy, and Human Security. Edited by Jody Williams, Stephen D. Goose and Mary Wareham. (Lanham, MD: Rowman & Littlefield Publishers, 2008). 348pp.

A Symposium On Confronting Global Terrorism And American Neo-Conservatism: The Framework Of A Liberal Grand Strategy. By Tom Farer. Oxford, Uk: Oxford University Press, 2008., Richard Falk, Dino Kritsiotis, Paul Taylor, Tom Farer

Human Rights & Human Welfare

A review of:

Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. By Tom Farer. Oxford, UK: Oxford University Press, 2008.

Human Rights In China: Introduction, Hsiu-Lun Teng

Human Rights & Human Welfare

The People’s Republic of China has experienced rapid and cardinal changes in its political, economic, and societal realms over the past thirty years. These changes, in conjunction with China’s political and economic policies abroad, have left recognizable imprints on a variety of human rights issues. The human rights issues discussed in this digest cover both domestic and international dimensions.

Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat

Human Rights & Human Welfare

The Chinese National Plan of Action on Combating Trafficking in Women and Children, an evolution of prior regional cooperative work in coordination with the United Nations Inter-Agency Project on Trafficking (UNIAP), is a considerable accomplishment. It represents a comprehensive, practical foundation for counter-trafficking work, and addresses the most serious concerns raised by Chinese and international anti-trafficking research over the last dozen years. However, a statement of this magnitude produced by a state not known for its sweeping human rights instruments leads to suspicion.

Tibet Under Chinese Rule, Dina Buck

Human Rights & Human Welfare

The struggle between Tibet and China has been a long and intractable one. How China chooses to deal with Tibet, commonly referred to as the “Tibet Question,” is a point of controversy both within China and for the international community at large. The two main points of concern are Tibet’s quest for self-determination and Tibetan quality of life under Chinese rule. While Tibet’s struggle for self-determination can be linked with the questionable treatment Tibetans face under the Chinese government (hereafter referred to as Beijing), the two issues are not exactly the same.

Uyghurs Under The Chinese State: Religious Policy And Practice In China, Katie Corradini

Human Rights & Human Welfare

The government of the People’s Republic of China (PRC) is notorious for committing human rights violations. These violations include infanticide, human trafficking, violent enforcement of the one-child policy, and religious persecution. The international community commonly overlooks religious persecution of the Uyghurs, who are targeted and often oppressed by the Chinese government. China is arguably the center of the political and economic international system but, as the Uyghur diaspora expands to developed countries, including the United States, the rest of the world must understand the issues at the forefront of the conflict.