Political Science Commons^™

The Myth Of Context In Politics And Law, Anita Krug

All Faculty Scholarship

Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …

Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner

Journal Articles

No abstract provided.

As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies

Faculty Scholarship

For 38 years, the Liberal Democratic Party (LDP) maintained single-party control over the Japanese government. This lack of partisan turnover in government has frustrated attempts to explain Japanese government policy changes using political variables. In this paper, we look for intraparty changes that may have led to changes in Japanese budgetary policy. Using a simple model of agenda-setting, we hypothesize that changes in which intraparty factions “control” the LDP affect the party’s decisions over spending priorities systematically. This runs contrary to the received wisdom in the voluminous literature on LDP factions, which asserts that factions, whatever their raison d’être, do …

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Articles

Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current re­ligio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this dis­cussion and an overview of the history of both Israel and Iran. It explains why …

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.

The People: The Least Accountable Branch, Marci A. Hamilton

Articles

No abstract provided.

Courts, Political Violence, And Problems With Witness Testimony, Ibpp Editor

International Bulletin of Political Psychology

The editor discusses the concept of witness testimony from a legal and psychological perspective.

Contra, Crack And The Company, Harry E. Vanden

Government and International Affairs Faculty Publications

No abstract provided.

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue

US Government Documents Related to Indigenous Nations

This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …

Ann Sullivan's Review Of Andrew Armitage's Comparing The Policy Of Aboriginal Assimilation: Australia, Canada, And New Zealand, Ann Sullivan

Pacific Studies

No abstract provided.

Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee

BYU Law Review

No abstract provided.

Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee

BYU Law Review

No abstract provided.

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards

Brigham Young University Journal of Public Law

No abstract provided.

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 19, No 1 Edition of the Pacific Studies Journal

Contributors: Vol 19 No. 1, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 19 (1996): Pacific Studies Full Issue 1

Vol. 19 No. 1 (1996): 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 …

Vol. 19 No. 1 (1996): Pacific Studies Full Issue, 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 …

Land Tenure And Hierarchies In Eastern Melanesia, Jean Guiart

Pacific Studies

No abstract provided.

A New Liberal Identity?, Gerard V. Bradley

Journal Articles

Private Consciences and Public Reasons. By Kent Greenawalt. New York: Oxford University Press, 1995. 225 pp. $45.00 cloth, $19.95 paper.

The central point of Kent Greenawalt's latest book is that the basic principles of liberal democracy do not resolve the question to which liberal democracy has been proposed as the answer. The question concerns how comprehensive accounts of the good - especially religious accounts - fit into public deliberation and decisionmaking in a pluralist society like ours. The earmark of liberalism, one has come to think, is a principled insistence that some exclusion or, in Greenawalt's words, "self-restraint," of …

España, La Unión Europea Y Cuba : De Una Relación Especial A Una De Gestos Y De Presión, Joaquín Roy

Cuban Studies Association Occasional Papers

Desde el preludio del final de una importante etapa politica en Espana (el anuncio en otono de 1995 de las elecciones que se celebraron el 3 de marzo de 1996) hasta la toma de posesion de Jose Maria Aznar se extiende un espacio de tiempo que cubre varios meses de 1995 y los primeros de 1996. En lo que respecta a las relaciones entre Espana y Cuba, este espado temporal esta pespunteado por un puriado de acontecimientos y detalles que se presentan como candidatos para tener un impacto notable en la futura relacion entre los dos pafses. Estos hechos son …

The Role Of Human Rights Organizations Case Study: Chiapas, Heidi Muller

Honors Theses, 1963-2015

No abstract provided.

Women And Politics In Japan: Flowers Of The Home To Flowers Of Politics, Sarah Ann Langer

Honors Theses, 1963-2015

The study of women and politics in Japan provided many insights into women's activism as well as the changes women have brought in Japanese politics. Facing considerable odds when seeking positions within contemporary politics, women candidates often faced a variety of disadvantages as well. A man was assumed to inherit politics, but a woman was not. However, if a woman could conquer or ignore such societal pressures, she could then enter the world of politics. Women's positions will change as individual pioneers (such as the four I examined i.e. Tsuda Ume, Ichikawa Fusae, Yosano Akiko, Tanaka Makiko) work their way …

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The left should not be so quick to condemn private arbitration of statutory rights for two primary reasons. First, although these processes have historically been seized by employers as an efficient, less costly alternative to litigation devoid of due process safeguards, there is nothing inherent in private arbitration to prevent making the process fairer for employees. Second, there is a substantial payoff that justifies the work required by those on the left to transform these processes for the betterment of employees. That payoff is greater access to justice. Private arbitration holds the potential to eliminate institutional barriers that block access …

The Future Of Francophone Africa Without The Aid And Influence Of Its Former Colonial Power, France, Ryan Mcgovern

Honors Theses, 1963-2015

French colonialism dramatically changed sub-Sahara Africa in the region now called Francophone Africa. In 1960 the French granted the francophone countries independence but French influence did not end. France's neo- colonial influence caused many problems for the newly independent countries including economic dependence, unwanted boundaries and the establishment of an elite class. The Africans themselves have been struggling with mismanagement, corruption and political and economic instability. Recent breaks in Franco-African relations has caused the French to take a step back from its high level of influence in Africa. In order for francophone Africa to prosper without the aid and influence …

What About The Rural Poor?, Melissa J. Petrangelo

Honors Theses, 1963-2015

The American public generally perceives poverty as an urban problem. However, the incidence of poverty is actually higher in rural areas. Current, AFDC and food stamp legislation reflects the American public's perception. What is overlooked in AFDC and food stamp legislation is the distinguishing characteristics of the rural poor. AFDC and food stamp legislation are less effective in reducing poverty in rural areas. Where you are poor makes a difference. Recognition of the diversity of poverty populations is crucial for the design of effective policies and programs.

Peace-Building, John Linarelli

Scholarly Works

No abstract provided.

Commentary: Noam Chomsky And Judicial Review, James G. Wilson

Law Faculty Articles and Essays

Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …

Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler

Articles by Maurer Faculty

No abstract provided.