Political Science Commons^™

Slavery's Constitution: Rethinking The Federal Consensus, Maeve Glass

Faculty Scholarship

For at least half a century, scholars of the early American Constitution have noted the archival prominence of a doctrine known as the “federal consensus.” This doctrine instructed that Congress had no power to interfere with the institution of slavery in the states where it existed. Despite its ubiquity in the records, our understanding of how and why this doctrine emerged is hazy at best. Working from a conceptual map of America’s founding that features thirteen local governments coalescing into two feuding sections of North and South, commentators have tended to explain the federal consensus either as a vestige of …

Power Transitions In A Troubled Democracy, Peter L. Strauss, Gillian E. Metzger

Faculty Scholarship

Written as our contribution to a festschrift for the noted Italian administrative law scholar Marco D’Alberti, this essay addresses transition between Presidents Trump and Biden, in the context of political power transitions in the United States more generally. Although the Trump-Biden transition was marked by extraordinary behaviors and events, we thought even the transition’s mundane elements might prove interesting to those for whom transitions occur in a parliamentary context. There, succession can happen quickly once an election’s results are known, and happens with the new political government immediately formed and in office. The layer of a new administration’s political leadership …

Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer

Faculty and Staff Scholarship

A major legacy of the Obama presidency was the mark he left on the federal courts with respect to increasing judicial diversity. In particular, President Obama’s appointments of women to the federal judiciary exceeded all previous presidents in terms of both absolute numbers and as a share of all judges; he also appointed a record-setting number of women of color to the lower federal courts. In this Article, I take an intersectional approach to exploring variation in the professional backgrounds, qualifications, and Senate confirmation experiences of Obama’s female appeals court appointees, comparing them with George W. Bush and Bill Clinton …

Anti-Modalities, David E. Pozen, Adam Samaha

Faculty Scholarship

Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Strong people-to-people ties can help temper political histrionics, moderate negative impact on political ties. The tantalising prospect of being able to leave Singapore and arrive in Kuala Lumpur in just 90 minutes remains a pipe dream after the High Speed Rail (HSR) agreement was terminated last Friday, along with what could have been an important confidence booster to bilateral ties between Singapore and Malaysia.

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental, & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …

The Rise Of Self-Interests: How Shifting Political Goals Changed The Effectiveness Of Dutch Official Development Aid To Bangladesh From 2005 Until 2016, Thomas L. Oomen

Global: Jurnal Politik Internasional

Aid effectiveness has been situated in the central debate of development studies and, particularly, among foreign aid policy making community. As the Netherlands was one of the unique countries which focused extensively on the needs of its recipient, it is important to investigate the Netherlands’ recent practice of its development aid, particularly to Bangladesh and the associated goal ambiguity. This article attempts to answer the question, “to what extent does goal ambiguity in Dutch development aid affect the effectiveness of Dutch development aid given to Bangladesh?” This analysis is based on independent assessments of Dutch official development aid (ODA) to …

Indonesia’S Trade Diplomacy Through Fta: Analysis On Actors, Processes, And Goals Of Diplomacy, Pantri Muthriana Erza Killian

Global: Jurnal Politik Internasional

The purpose of this article is to examine the various FTAs that Indonesia has been involved in within the last 15 years by looking at the three core elements of trade diplomacy: actors, processes, and goals of FTAs. Based on these elements, this research finds that Indonesia’s FTA diplomacy tends to be dominated by foreign policy interests compared to economic ones, which can be observed through several elements. First, Indonesia’s FTA diplomacy is dominated by state actors and foreign policy players with little involvement from economic players and non-state actors. The numerous FTAs signed through ASEAN also reinforced this domination …

The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi

Global: Jurnal Politik Internasional

This article investigates the quality of peace in armed conflicts that occurred in the Southeast Asia region. The authors compared the cases of Aceh, where the armed conflict between the Free Aceh Movement or GAM and the government of Republic Indonesia ended peacefully with the Helsinki Memorandum of Understanding, with the conflict in the southern Philippines, where a peace agreement, the Comprehensive Agreement on the Bangsamoro, was successfully achieved between the government of Philippines and the Moro Islamic Liberation Front. This research employed document analysis to analyse the peace settlement documents of both parties and the derivative laws of the …

Indonesia's Involvement In The Afghanistan Peacebuilding Process, Fabian Nur Farizan, Dudy Heryadi

Global: Jurnal Politik Internasional

This article aims to understand and analyse Indonesia's involvement in ensuring peace, especially in peacebuilding efforts in Afghanistan. Indonesia’s commitment to improve its peace efforts in Afghanistan was expressed by President Joko Widodo during his visit to Kabul in 2018. This research used Lederach’s pyramid model of peacebuilding as the primary analysis tool. Lederach’s pyramid model identifies three approaches to peacebuilding, along with the main actors in the population affected by the conflict—namely top leadership, middle range leadership, and grass-root leadership. The results of the study show that Indonesia's involvement in Afghanistan in peace efforts has been carried out at …

Catalan Identity And Paradiplomacy Strategy In Catalonia’S Independence Movement, Windy Dermawan, Akim Akim

Global: Jurnal Politik Internasional

This article seeks to analyse how Catalan identity, within the context of its conflict with the Spanish government, contributes to its foreign relations with the global public through paradiplomacy. This article uses qualitative research method with literature study. It finds that Catalonia, as one of Spain’s autonomous regions, have a distinct history, language, and culture from other Spanish regions. To protect their identity, there have been an emergence of movement for greater Catalan autonomy, even independence. This conflict reached climax on 1 October 2017 when the Catalan government initiated an independence referendum amongst Catalan people, with the majority voted for …

The Moderation Of Frente Farabundo Martí Para La Liberación Nacional’S Economic Orientation In El Salvador, 2009-2019, Petrus Putut Pradhopo Wening

Global: Jurnal Politik Internasional

Frente Farabundo Martí Para la Liberación Nacional (FMLN) was a Marxist guerrilla group, known for its activities in the 1980s and 1990s to seize El Salvador’s government through war. Post-peace accords, FMLN transformed into an electoral political party and successfully won to lead the government of El Salvador in 2009-2019, but then they compromised their economic policies to suit neoliberalism. This article uses Gill and Law’s conceptualisation of the theory of direct and structural power of capital to explain the causes of FMLN’s neoliberalism-compromising economic policy adjustment in 2009-2019. This article finds that El Salvador’s social and political-economy historical dynamics, …

The Role Of Global Civil Society At The Local Level In Climate Change Mitigation: A Case Study Of Earth Hour’S Activities In Malang, Najamuddin Khairur Rijal

Global: Jurnal Politik Internasional

This study examines the role of global civil society at the local level in climate change mitigation. Climate change issue is one of the global issues that is responded at the local level, as the impact of the problem concerns the universal livelihood of the world’s population. This study focuses on Earth Hour’s activities in the Malang region as a part of a global civil society. This research uses global civil society and its role in environmental governance as the analytical framework. The data are collected through documentation studies and interviews. The results show that Earth Hour Malang’s activities have …

Red Scare Or Red Herring: How The “China Initiative” Strategy For Non-Traditional Collectors Is Stifling Innovation In The United States, Bianca Tillman

Seattle Journal of Technology, Environmental, & Innovation Law

In 2018, the U.S. Department of Justice launched the “China Initiative” in response to the growing economic and national security threat posed by China. The China Initiative is a sweeping federal plan designed, in part, to protect the United States’ status as a leader in global innovation and scientific discourse. The U.S. is justified in its concern over China’s unfair practices to achieve military, technological, and economic prominence. While U.S. and Chinese intelligence agencies have spied on each other for decades, China has increased both the scope and the sophistication of its efforts to steal secrets from the U.S. in …

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras

Master's Theses

The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman

Buffalo Law Review

Many progressives have decided they need to change the Supreme Court to break the conservative justices’ lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing—adding justices to shift the partisan balance on the Court—to other possible Court changes, such as court-curbing measures that would reduce the Court’s power. Court-packing has multiple advantages over these other possibilities, not the least of which is that even the current Roberts Court would almost certainly hold court-packing, unlike other potential changes, to be constitutional. Even so, some progressives view …

Corporations And The American Polity, Patrick Labossiere

Student Theses and Dissertations

Research on corporate communications’ effects on politics presents an acknowledgement of a relationship between the two topics, leaving a void in the explanation and examination of this topic. The void presents an opening to introduce a conceptual process for how corporations are able to craft communications to influence the American Polity, the democratic social organization within the United States. This research begins with a historical review of how corporations gain prominence in American society, capturing the ability to participate in the democratic social organization of the polity. A qualitative analysis of several conceptual frameworks serves as data, to establish an …

Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance

Seattle Journal of Technology, Environmental, & Innovation Law

Over the last decade, multiple initiatives have proposed that California should secede from the United States. This article examines the legal aspects of California secession and integrates that analysis with findings from an empirical study of public perceptions of such secession. There is no provision in the United States Constitution allowing states, or other political or geographical units, to secede unilaterally. The Civil War was fought to uphold this principle, and the United States Supreme Court confirmed it in its 1869 Texas v. White decision. Nevertheless, numerous instances of secession, both legal and extralegal, have occurred across human history, and …

Teacher Demoralization: Neoliberal Influence On The Complex Education System And Teacher Morale, Dionne Elvira

Electronic Theses, Projects, and Dissertations

Since the 1980s, neoliberal influence has slowly taken over our education system’s vision and purpose. Presently, marketization in schooling has drawn the attention and influence of those of monetary and political power (Bartlett et al., 2002). Accountability measures set in place by the strings attached to school funding and sanctions encompass blanket demands on classroom instruction not equitably designed to support our diverse student populations (Ravitch, 2013; Reigeluth, 2014; Tsang, 2019). The school system, as it presently stands, is managed and maintained under systematic models that do not align to the complex needs of each unique school within its unique …

Does Bitcoin Use Affect Crime Rates?, Kevin Keane

The Corinthian

Bitcoin is the most widely used cryptocurrency in the world because of its decentralized network that completes user-to-user transactions, eliminating the need for intermediaries. During 2017, the volume of Bitcoin transactions totaled $94.3 trillion. Bitcoin transactions are recorded in a public database called the blockchain. Although the blockchain can keep track of how many transactions there are, it can’t identify the people involved in transactions. The lack of identity increases the anonymity of Bitcoin transactions, making it less detectable when used for crime. Using the Uniform Crime Reporting’s state-level crime rate data and blockchain’s Bitcoin transaction information, I estimate the …

Human Migration Rates In Relation To Hdi Scores Of States, Amy E. Docter

Honors College Theses

Migration is a human phenomenon impacting various factors of society, politics, and cultures today that will continue to grow in both domestic and international importance. Despite this profound significance, there are numerous challenges for migration with little control of the flow of populations and limited understanding of the changing trends of migration. Historically, migration has been defined by South-to-North movements, with the main motive being economic opportunities with the allure of developed countries, but many articles today have found more South-to-South movements and myriad other factors influencing migratory decisions. By examining net migration population from 2014 and 2015, in conjunction …

Muslims’ Religious Freedom And Religiosity: Measurement And Impact, Hannah M. Ridge

Political Science Faculty Books and Book Chapters

Multiple measures of religious freedom and states’ regulation of religion are at work in sociology of religion. These scales apply one score to a country or to a subset of its policies. A uniform state score conceals the internal religious diversity and the heterogeneous experiences of religious freedom that can result. These, in turn, encourage ecological fallacies and mask the disparate impact that religious freedom for one’s own community and for other groups can have on individuals’ preferences and decisions. To demonstrate the value of measuring and studying religious freedom at the individual level, this study applies individual-level assessments of …

Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna

New England Journal of Public Policy

This article examines Buddhist extremism in Myanmar. It argues that Buddhist extremism—like other types of religious extremism—is an acute form of fundamentalism. The article begins with a survey of how extremism is usually understood in the theoretical literature, showing that its religious variant is best conceived of as an acute form of fundamentalism. It then fine tunes this understanding, arguing that religious extremism is a fundamentalist belief system that justifies structural violence against relevant out-groups. The article outlines seven core characteristics of the religious extremist culled from the various theoretical approaches to extremism. It employs these seven characteristics to examine …

Social Networks And The Political Participation Of Moroccan Youths In The 2015 Communal And Regional Elections., Redwan Qutbi

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aimed at identifying the use of social networking among university youths and its relation to the political participation in the regional and communal elections held in Morocco in September in 2015. The researcher used the descriptive approach and relied on the questionnaire as an instrument for data collection. The sample of the study, made up of 400 elements, was randomly chosen. The findings showed that the youth’s use of social networking focused mainly on the events of the 2015 Moroccan communal and regional elections. The findings also showed that political gratification and monitoring of the electoral process and …

Tribalism And Democracy, Seth Davis

William & Mary Law Review

Americans have long talked about “tribalism” as a way of talking about their democracy. In recent years, for example, commentators have pointed to “political tribalism” as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this incompatibility thesis, and the thesis has surfaced within federal Indian law and policy in various guises up to the present day with disastrous consequences for Indian Tribes. Yet much of the talk about tribalism and democracy—within federal Indian law, and also without it—has had little to do with actual tribes. …

2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald

Publications and Research

The 2020 Supplementary Directory is an analysis of data for the period 2013-2019 of new bargaining units, bargaining agents, and contracts in higher education following publication of our last directory in 2012. The 2020 Supplementary Directory includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees. It also includes data about bargaining units that existed prior to 2013 but did not appear in the last directory such as postdoctoral scholar and academic researcher bargaining units. Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for …

Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

On The Basis Of Sex: Personal Status Law Reforms And Economic Growth, Kylie Bring

Honors Theses

The purpose of this thesis is to analyze how law reform toward gender equity has an impact on economic growth in Arab countries in the Middle East. Personal status law reform granting women economic, social, and personal freedoms is spreading across the region and showing substantial change. Using case studies of major PSL reforms in Tunisia and Morocco, this thesis outlines qualitative and quantitative evidence to support the case that gender equity benefits the economic growth of the given country.