Political Science Commons^™

Peace Meal: A Senior Citizen's Right To Food In East Central Illinois, Jessica Aceves, Chris Wellin

Capstone Projects – Politics and Government

This study provides a formative evaluation of the Older Americans Act (OAA) Senior Nutrition Program, Peace Meal. Peace Meal provides home delivered and congregate meals for older adults in 14 counties in east central Illinois. The East Central Illinois Area Agency on Aging (ECIAAA) is a funding source for Peace Meal and advocates that the OAA Senior Nutrition Program help older adults have improved food security and reduced social isolation. Key informant interviews and focus groups provided personal stories of how people in the community access food, what dietary and nutritional elements affect their food …

Vermeule Unbound, Philip A. Hamburger

Faculty Scholarship

My book asks Is Administrative Law Unlawful? Adrian Vermeule answers “No.” In support of his position, he claims that my book does not really make arguments from the U.S. Constitution, that it foolishly denounces administrative power for lacking legislative authorization, that it grossly misunderstands this power and the underlying judicial doctrines, and ultimately that I argue “like a child.”

My book actually presents a new conception of administrative power, its history, and its unconstitutionality; as Vermeule has noted elsewhere, it offers a new paradigm. Readers therefore should take seriously the arguments against the book. They also, however, should recognize that …

Early Prerogative And Administrative Power: A Response To Paul Craig, Philip A. Hamburger

Faculty Scholarship

What does English experience imply about American constitutional law? My book, Is Administrative Law Unlawful?, argues that federal administrative power generally is unconstitutional. In supporting this conclusion, the book observes that eighteenth-century Americans adopted their constitutions not only with their eyes on the future, but also looking over their shoulder at the past – especially the English past. This much should not be controversial. There remain, however, all sorts of questions about how to understand the English history and its relevance for early Americans.

In opposition to my claims about American law, Paul Craig lobs three critiques from across the …

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Ideas, Interests And Practical Authority In Reform Politics: Decentralization Reform In South Korea In The 2000s, Yooil Bae

Research Collection School of Social Sciences

This paper explains the reason why the hitherto statist country, Korea, has carried out significant decentralization since the 2000s. In explaining the motivation for decentralization, extant literature has focused on the role of parties, bureaucratic politics, democratization, or territorial interests. Yet there is still limited explanation of how the decentralization laws in Korea could be successfully passed in the 2000s, while cental stakeholders still persisted. By tracing the process of decentralization reform in the 2000s, this article demonstrates how structural factors created favourable circumstances and discursive background for institutional change, and how the idea of decentralization, through the idea diffusion …

How The Eu Learned To Love Sanctions, Clara Portela

Research Collection School of Social Sciences

It is only recently that the European public has woken up to the sue of sanctions in EU foreign policy, though they have been employed since the early 1980s. They became more frequent following the 1992 establishment of the Common Foreign and Security Policy (CFSP), the EU's intergovernmental forum for foreign policy coordination.

Weighing The Possible Changes To Singapore’S Political System, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan shared his views on the key issues outlined by President Tony Tan Keng Yam during his opening address at the first session of the 13th Parliament. Associate Prof Tan noted that President Tan had emphasised that our political system must be refreshed from time to time, as our circumstances change, and that the Government will study this matter carefully, to see whether and how we should improve our political system so that we can be assured of clean, effective, and accountable government over the long term. Associate Prof Tan said …

John Witherspoon And Reformed Orthodoxy: Reason, Revelation, And The American Founding, Stephen Michael Wolfe

LSU Master's Theses

There has been a revival of interest in the last couple of decades on two intersecting topics—the political theory and importance of the “forgotten” American founder and Reformed minister, John Witherspoon, and the natural theology and natural law in the Reformed theological tradition. Witherspoon, as president of Princeton, had much to say about natural theology and natural law, and many scholars have attempted to understand his relationship to Enlightenment thought and Christian orthodoxy, yet there has been no attempt by scholars to bring recent scholarship on Reformed theology to bear on our understanding of his thought. The dominant view in …

One Nation, Under God?, Gerard V. Bradley

Journal Articles

It's Dangerous to Believe: Religious Freedom and Its Enemies, by Mary Eberstadt.
Harper, 192 pages, $25.99

This upending is the subject of Mary Eberstadt's It's Dangerous to Believe. Her previous books Adam and Eve after the Pill (2012) and How the West Really Lost God (2013) - on the sexual revolution and secularism, respectively - showed Eberstadt to be one of America's most discerning cultural critics. It's Dangerous to Believe solidifies that ranking by showing that "the future of religious freedom...appears more clouded than at any time since the American founding." The book is chiefly a chronicle of …

Toward A Political Theory For Private International Law, John Linarelli

Scholarly Works

Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …

The Tale Of Soulmates Or A Marriage Of Convenience? Tying The Knot Of Human Rights With Development And Its Goals Through Donor Programs And Projects. The Case Of The Canadian International Development Agency (Cida), Taguhi Dallakyan

Theses and Dissertations (Comprehensive)

The purpose of the dissertation was to examine whether globally agreed development goals (Millennium Development Goals (MDGs), with a specific focus on poverty reduction) were operationalized in human rights, access to justice and rule of law programs/projects of Canadian International Development Agency (CIDA) and of its executing partners. The analysis of the CIDA’s reports to Parliament and programing documents indicates that from the first years of the launch of MDGs, they were operationalized within the CIDA’s programing architecture and remained as a macro- level goal of the agency. MDGs, with the focus on poverty reduction, were treated as an ultimate …

The United States, Richard Briffault

Faculty Scholarship

The United States is an example of how three branches of government can stall and derail reform initiatives. The judiciary in particular is central to the US experience with political finance reform, repeatedly striking down legislation on party finance, despite consensus from executive and legislative branches. The most recent Supreme Court ruling, in April 2014, struck down one of the last remaining federal regulations, on the overall campaign contribution limits for individuals. At a subnational level, the United States does, however, see significant variations in terms of regulations on the flow of money into politics at a state level. In …

The Politics Of Global Humanitarianism: R2p Before And After Libya, Michael W. Doyle

Faculty Scholarship

The responsibility to protect (R2P) is both a license for and a leash against forcible intervention. It succeeded in widening the scope of legitimate armed intervention by licensing some (protective) interventions but only because it was seen as a leash against other (exploitative) interventions. This chapter traces the origins of the R2P doctrine in the Kosovo and ICISS reports, highlights the special features of the 2005 Outcome Document, notes how the doctrine was strengthened in practice by careful attention to non-coercive measures in Myanmar, Kenya, and Guinea, and then examines the landmark case of its use to sanction and then …

Walter Lippmann's Search For A Sustainable Liberalism, Eric Schmidt

LSU Doctoral Dissertations

Walter Lippmann’s intellectual journey represents the journey of American liberalism in the 20th century: an attempted return from infatuation with the progressive ideals of inevitable historical development and scientific progress to the stability of human rights and freedom. America’s path to defining its brand of liberalism finds expression in the philosophical works of Lippmann, who was at the center of this struggle. Lippmann was a defender of the liberal democratic state whose value as a thinker derives from his attempt to understand the problem of political freedom (are people competent to self-rule in a mass democracy?) throughout this critical time …

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

Executive Federalism Comes To America, Jessica Bulman-Pozen

Faculty Scholarship

This Article proposes a different way of thinking about contemporary American governance, looking to an established foreign practice. Executive federalism – “processes of intergovernmental negotiation that are dominated by the executives of the different governments within the federal system” – is pervasive in parliamentary federations, such as Canada, Australia, and the European Union. Given the American separation of powers arrangement, executive federalism has been thought absent, even “impossible,” in the United States. But the partisan dynamics that have gridlocked Congress and empowered both federal and state executives have generated a distinctive American variant.

Viewing American law and politics through the …

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

Faculty Scholarship

As part of a symposium on Justice Stephen Breyer’s book, “The Court and the World,” this essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this …

Does Brexit Spell The Death Of Transnational Law?, Ralf Michaels

Faculty Scholarship

The British leave vote in the referendum on EU membership has important implications for how we think about law . The vote must be viewed as a manifestation of a globalized nationalism that we find in many EU member states and many other countries. As such, it is also a challenge of the idea of transnational law, forcefully introduced in Jessup’s book on Transnational law 60 years ago. In this paper, I suggest that the hope to return from transnational law to the nation state of the 19th century is nostalgic and futile. However, I argue that transnational law has …

Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis

Faculty Scholarship

A defining feature of public sector employment is the regular change in elected leadership. Yet, we know little about how elections influence public sector careers. We describe how elections alter policy outputs and disrupt the influence of civil servants over agency decisions. These changes shape the career choices of employees motivated by policy, influence, and wages. Using new Office of Personnel Management data on the careers of millions of federal employees between 1988 and 2011, we evaluate how elections influence employee turnover decisions. We find that presidential elections increase departure rates of career senior employees, particularly in agencies with divergent …

One Swallow Does Not Make Spring: A Critical Juncture Perspective On The Eu Sanctions In Response To The Arab Spring, Andreas Boogaerts, Clara Portela, Edith Drieskens

Research Collection School of Social Sciences

This article examines to what extent the Arab Spring constitutes a critical juncture – a major turning point – for the EU’s sanctions policy towards Egypt, Libya, Syria and Tunisia. Based on a multidimensional critical juncture operationalization, we find that the Arab Spring only constitutes such a turning point for the EU’s sanctions policy towards Syria. Both the level and nature of measures differ substantially from previous years. By contrast, the EU’s sanctions practice towards Libya, Egypt and Tunisia shows more resilience. More generally, changes in the nature of the measures are prominent, whereas changes in the level of the …

Utter's "The Religious Right: A Reference Handbook" (Book Review), Armand T. Ternak

The Christian Librarian

A review of Utter, G.H., Storey, J.W. (2007). The Religious Right: A reference handbook. 3rd edition. Millerton, NY: Grey House Publishing. 503 pp. ISBN 9781592371136

Participation And The Poor: Social Accountability Institutions And Poverty Reduction In Brazil, Michael Touchton, Brian Wampler, Natasha Borges Sugiyama

Political Science Faculty Publications and Presentations

Democracy, according to a large body of research, contributes to human development by improving citizens' lives (Prezeworkski et al. 2000; Gerrign et al. 2012; McGuire 2010; Baum and Lake 2003; Gerring et al. 2015). Broad evidence demonstrates that democracies provide higher standards of living, on average, for their citizens than authoritarian countries (Boix 2001; Brown and Hunter 2004; Brown and Mobarak 2009; Besley and Kudamatsu 2006; Lake and Baum 2001). But what is it about democratic practice that enhances the quality of its citizens' lives? Proponents argue that democratic practices such as competitive elections, checks and balances, and protection of …

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.