American Politics Commons^™

April Miller Et Al. Vs. Kim Davis (Date Filled August 31, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Individually and in Her Official Capacity as Rowan County Clerk, Applicant v. April Miller, et al. No. 15A250. SUPREME COURT OF THE UNITED STATES 192 L. Ed. 2d 994; 2015 U.S. LEXIS 4659; 84 U.S.L.W. 3099 August 31, 2015, Decided

April Miller Et Al. Vs. Kim Davis (Date Filled August 28, 2015), Supreme Court Of The United States

Media Collection

Kim Davis, Applicant, v. April Miller, Ph.D, Karen Ann Roberts, Shantel Burke, Stephen Napier, Jody Fernandez, Kevin Holloway, L. Aaron Skaggs, and Barry Spartman, Respondents.

Emergency Application to Stay Preliminary Injunction Pending Appeal DIRECTED TO THE HONORABLE ELENA KAGAN ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SIXTH CIRCUIT

April Miller Et Al. Vs. Kim Davis (Date Filled August 25, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, Ph.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; and BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, Individually, Defendant-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning

APPELLANT KIM DAVIS’ REPLY IN SUPPORT OF EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

April Miller Et Al. Vs. Kim Davis (Date Filled August 21, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Appellant. ON APPEAL FROM THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NO. 15-CV-0044-DLB (HON. DAVID L. BUNNING) MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF OF EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT’S MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson

International Human Rights Law Journal

This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.

April Miller Et Al. Vs. Kim Davis (Date Filled August 19, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, Ph.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; and BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, Individually, Defendant-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning APPELLANT KIM DAVIS’ EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

A Half Century Later, We Need The Voting Rights Act More Than Ever, Jill Ogline Titus

Civil War Institute Faculty Publications

Two years ago, the Supreme Court determined that voter discrimination is a thing of the past. The Court's decision to gut the 1965 Voting Rights Act ensures that this summer's 50^thanniversary commemoration is an ironic one.

We needed the legislation in 1965, the Court argued in its 2013 decision in Shelby County v. Holder, which struck down the formula that made the act enforceable, but we don't anymore. [excerpt]

April Miller Et Al. Vs. Kim Davis (Date Filled August 14, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants. CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

April Miller Et Al. Vs. Kim Davis (Date Filed August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., PLAINTIFFS vs. KIM DAVIS, individually and in her official capacity, et al., DEFENDANTS CIVIL ACTION NO. 15-44-DLB UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NORTHERN DIVISION 2015 U.S. Dist. LEXIS 105822 August 12, 2015, Decided August 12, 2015, Filed.

April Miller Et Al. Vs. Kim Davis (Date Filled August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

CIVIL ACTION NO. 15-44-DLB APRIL MILLER, et al. PLAINTIFFS vs. MEMORANDUM OPINION AND ORDER KIM DAVIS, individually and in her official capacity, et al. DEFENDANTS

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan

SIUE Faculty Research, Scholarship, and Creative Activity

Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …

Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas

Politics Summer Fellows

Contemporary mainstream discussions of the Supreme Court are often qualified with the warning that the nine justices are out of touch with everyday American life, especially when it comes to the newest and most popular technologies. For instance, during oral argument for City of Ontario v. Quon, a 2010 case that dealt with sexting on government-issued devices, Chief Justice John Roberts famously asked what the difference was “between email and a pager,” and Justice Antonin Scalia wondered if the “spicy little conversations” held via text message could be printed and distributed. While these comments have garnered a great deal of …

The Historical Amnesia Of Contemporary Federalism Debates, Anna O. Law

Publications and Research

The article explores competing interpretations of immigration federalism in the 18th century. I argue that the 1787 Constitution did not clearly place authority to manage migration with the national government. In fact the Constitution does not discuss entry/exit policy, including the power of deportation. The debates over the Alien and Sedition Acts illustrate the diversity of opinions about the proper balance of authority between the subnational and national governments in migration. Debates over the potential expansion of national power were particularly heated in the antebellum period because migration and slave policy were inextricably linked. In the end, whatever guidance the …

Compared To What? Judicial Review And Other Veto Points In Contemporary Political Theory, David Watkins, Scott E. Lemieux

Political Science Faculty Publications

Many democratic and jurisprudential theorists have too often uncritically accepted Alexander Bickel’s notion of “the countermajoritarian difficulty” when considering the relationship between judicial review and democracy; this is the case for arguments both for and against judicial review. This framework is both theoretically and empirically unsustainable. Democracy is not wholly synonymous with majoritarianism, and judicial review is not inherently countermajoritarian in the first place.

In modern democratic political systems, judicial review is one of many potential veto points. Since all modern democratic political systems contain veto points, the relevant and unexplored question is what qualities might make a veto point …

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …

Perceptions Of Immigration In America, Manuel Cardoza

Student Scholar Symposium Abstracts and Posters

Throughout history the United States as a nation saw many waves of immigrants who collectively shaped and helped build the America we see today. Today immigration has become a prevalent issue that is impeding progress and potentially facilitating the rise of new conflicts in a country plagued by civil injustices toward minority groups who are feeling marginalized and discriminated. Immigration desperately needs the attention of the U.S government in order to reach a solution and stop a community from being ostracized. Much of this great nation has been formed and built on the fundamental idea of immigrant forces coming together …

Judicial Activism’S Effect On Judicial Elections, Nick Fernandes

Student Scholar Symposium Abstracts and Posters

High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.

This paper will specifically be looking at judicial elections in Kentucky. …

Memorandum Of Agreement Between The Department Of The Interior And The Department Of The Army Pursuant To Section 206(B) Of The Fort Berthold Mineral Restoration Act, Public Law 98-602 (1984), United States Department Of The Interior, Us Department Of The Army (Civil Works), Us Department Of Indian Affairs

US Government Documents Related to Indigenous Nations

This Memorandum of Agreement, dated May 6, 2015, from the United States (US) Department of the Interior, the US Department of the Army (Civil Works), and the US Department of Indian Affairs, outlines the process by which a portion of land that was taken from the Three Affiliated Tribes of the Fort Berthold Reservation for construction and operation of the Garrison Dam be returned to the Three Affiliated Tribes. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602).

Improving Rhode Island’S Health Care System: Lessons From The Cuban Model, Sarah R. Moffitt

Senior Honors Projects

Improving Rhode Island’s health care system: lessons from the Cuban model

Cuba is world renowned for its health care system. In regards to international health crises, Cuba is a leader in sending workers abroad and training doctors from all over the world. Within its own borders, the Cuban model provides free access to all citizens in which every individual has a primary care provider. Cuba boasts high vaccination rates, a long life expectancy, low infant mortality rate, and a population that is one of the healthiest in the western hemisphere.

The purpose of this research project is to evaluate the …

The Snowden Effect: The Conflict In A Free Society, Who Values Privacy Versus Who Values Security?, Matthew C. Blake

Political Science Theses and Capstones

The Obama Administration has come under scrutiny by both the public and Congress, since former National Security Agency (NSA) contractor Edward Snowden made known the scope of government surveillance programs being utilized by the U.S. government to gather intelligence on domestic citizens. Snowden’s disclosures about the government’s surveillance practices to the mainstream media began in June 2013. I focus on how public opinion towards the government’s surveillance practices and an individual’s reasonable right to privacy has shifted after revelations made by Edward Snowden on the practices of the NSA. Individuals may show support for more government surveillance in the name …

Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul

Political Science Honors Projects

The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.

The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps

Political Science Theses and Capstones

The Cold War has been studied repeatedly since the war supposedly ended in 1991. However recent events are starting to cause some concern and make many question whether or not the Cold War actually ended, if it took a different shape or perhaps has just been on pause. I argue that the Cold War has been a conflict that has been going on since 1947 and although the conflict has looked differently in recent decades the conflict was never properly put to an end. The research analyzes US decision making with respect to Russian and Asian relations over the last …

The Narrowing Of Federal Power By The American Political Capital, David Fontana

William & Mary Bill of Rights Journal

This Essay--—prepared for a symposium hosted by the William & Mary Bill of Rights Journal on the future of the District of Columbia--—argues that American federal power can be better understood by considering the features of the metropolitan area that houses the most important parts of the American federal government. In other American metropolitan areas and in most capital metropolitan areas elsewhere in the world, local life features multiple and diverse industries. Washington is the metropolitan area that houses the most important parts of the American federal government, and Washington is dominated by the government and related industries. Washington is, …

State-To-State Child Adoption Variations: A Political Culture Perspective, Erica Trabing

Political Science Theses and Capstones

The domestic adoption system throughout the United States has been complex yet crucial in starting millions of families over the years. About 7 million Americans are considered adopted persons, and as many as 100 million Americans have adoption in their immediate families. Though these numbers seem impressive, there are still 130,000 children in the U.S. foster care system waiting to be adopted. Adoptions in the US fall into one of three main categories. The first is adoption of children from the public foster care system, the second is adoption through private adoption agencies or independently, and the final category is …

Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The U.S. Government faces acute budgetary deficits and national debt problems in the Obama Administration. These problems have been brought about by decades of unsustainable government spending affecting all agencies including the National Aeronautics and Space Administration. (NASA). An outgrowth of this fiscal profligacy is the presence of wasteful and duplicative programs within NASA that prevent this agency from achieving its space science and human spaceflight objectives. These problems occur due to mismanagement of these programs from NASA and the creation of these programs by the U.S. Congress and congressional committees. This occurs because congressional appropriators tend to be more …

Newsroom: Elorza Sworn In As Providence Mayor, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Department of Psychology: Faculty Publications

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …

‘Please Be A Lady… You Are Not Going To Be Heard’: The Debate Over The Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Kasie Durkit

International ResearchScape Journal

Why did the United States fail to ratify the Convention on the Elimination of All Forms of Discrimination against Women? This overarching question forms the basis of this paper and will be answered using an array of primary and secondary sources. This paper gleans most of its evidence from the Senate Foreign Relations Committee Hearings of 1994 and 2002, letters from both President Jimmy Carter and former Secretary of State Colin Powell, Congressional Research Service reports on CEDAW from 2013 and 2007, several Senators’ statements in the Congressional Record, Congressional testimony, and the text of the CEDAW treaty. This …

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …