American Politics Commons^™

Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Stephen James On The Battle For Welfare Rights: Politics And Poverty In Modern America By Felicia Kornbluh. Philadelphia: University Of Pennsylvania Press, 2007. 287pp., Stephen James

Human Rights & Human Welfare

A review of:

The Battle for Welfare Rights: Politics and Poverty in Modern America by Felicia Kornbluh. Philadelphia: University of Pennsylvania Press, 2007. 287pp.

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Faculty and Staff Scholarship

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …

Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler

Brigham Young University Journal of Public Law

No abstract provided.

Nuclear Technologies In The Great Basin Oral History Project, Danielle Endres

Native American Forum on Nuclear Issues

Abstract:

The United States currently faces a nuclear waste crisis. According to a 2002 report by former Secretary of Energy Spencer Abraham, “We have a staggering amount of radioactive waste in this country.”1 The Department of Energy (DOE) estimates that by 2035 the U.S. will have approximately 115,000 metric tons of high-level nuclear waste, which exceeds the capacity of the proposed federal storage site at Yucca Mountain.2 Deciding where and how to store nuclear waste is a significant nuclear, environmental, and health policy issue. The decisions that we make about nuclear waste siting greatly impact the future of nuclear technologies …

Native American Forum On Nuclear Issues Presenter Biography, Steve Newcomb

Native American Forum on Nuclear Issues

Biography

Native American Forum On Nuclear Issues Presenter Biography, Joe Kennedy

Native American Forum on Nuclear Issues

Biography

Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries Pursuant To The Fort Berthold Mineral Restoration Act, United States Army Corps Of Engineers, Omaha District, Nebraska

US Government Documents Related to Indigenous Nations

This report, dated April 2008, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into six sections: Introduction, Authority, Criteria, Proposed Determination, Determination, and Conclusion. An …

Girls On The Stand: How Courts Fail Pregnant Minors, O. Carter Snead

Journal Articles

Girls on the Stand: How Courts Fail Pregnant Minors by Helena Silverstein. New York, New York University Press, 2007. 256 pp. $32.00.

Abortion may be the most controversial issue in American politics. It is a domain in which disagreement is not merely overheated, but seemingly intractable. Girls on the Stand: How Courts Fail Pregnant Minors ambitiously takes aim at one of the few abortion policies about which there is widespread agreement: parental involvement laws. It appeals to social science evidence to argue that popular support for these laws is misguided because, in practice, they impose too high a burden on …

Democracy In Practice: Lessons From New England, Madhawa Palihapitiya, Kevin Dye

Massachusetts Office of Public Collaboration Publications

Political decision-making by elites require some form of civilian participation to regain legitimacy. Increasingly groups of Citizens do not trust in political elites and are increasingly frustrated by their behavior. When faced with the problem of diversity, even established democracies face problems of managing diversity. In the global context differences of opinion, culture, religion etc has defined many of the New Wars (Kaldor 1999). In the United States many non-state and semi-governmental organizations have developed programs to increase public knowledge of the legislature and its decision-making processes. The ultimate purpose of this is to exercise some control over state power. …

Administrative Law Agonistes, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Forced Labor In The United States: A Contemporary Problem In Need Of A Contemporary Solution, Chrissey Buckley

Human Rights & Human Welfare

Legal slavery ended in the United States in 1865, yet the practice of forcing individuals to work against their will, oftentimes in inhumane conditions, continues today. Currently there are around 50,000 people working in forced labor situations in the United States (Bales 47). Although this number is smaller than it was during the 18th century, finding and freeing these individuals is difficult because they are hidden away and exploited. The United States is now at a critical juncture in its struggle to end forced labor. In 2000, the U.S. Government enacted legislation that holds perpetrators of forced labor accountable, and …

Pro-Life Voters And The Pro-Choice Candidate, Gerard V. Bradley

Journal Articles

From the Introduction

The "pro-life" position consists, basically, of these two propositions. One is that people begin at conception, so that to kill anyone from conception onwards is to kill a human person. The second proposition is that it is wrong - morally wrong - to intentionally kill any innocent person. Neither proposition is about religious faith. No one needs religious faith to see and to say that both of these propositions are true.

So it won't do to say that one is "pro-life" because one views abortion with profound misgivings, or because one regrets that so many abortions occur …

The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty

Faculty Scholarship

The rule of law depends on a working separation of powers and transparency and accountability in government. If information is power, the ability of one branch of government to control information represents the ability to control federal legislation, policy, and decision-making. The Framers of the United States Constitution developed the Madisonian model of separated powers and functions, and a system of checks and balances to maintain those separations, with this in mind. History has shown a progressive shift of the power to control information toward the executive branch and away from the Legislature. Particularly when unified, one-party government precludes effective …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Disaster Capitalism: The New Economy of Catastrophe” by Naomi Klein. Harper’s. October 2007.

If It Were Only That Simple, Katherine Gockel

Human Rights & Human Welfare

Reading “Disaster Capitalism,” one would think that the current dire situation in Iraq and the lingering effects of Hurricane Katrina are all because of an emphasis on “small” government, privatization, and partnerships with the business sector. If only it were that simple.

A Democratic Disaster, Michael Goodhart

Human Rights & Human Welfare

Naomi Klein’s “Disaster Capitalism” paints a grim and compelling portrait of an emerging American dystopia: Large corporations making huge profits on non-bid contracts to handle the government’s response to natural and political disasters (like Katrina and Iraq). She envisions “a collective future of disaster apartheid, in which survival is determined primarily by one’s ability to pay.” The catalogue of outrages Klein supplies is enough to make even the local chamber of commerce president blush. Yet as I read her piece, I found myself angry not so much with the corporations as with my fellow citizens. How can we allow this …

The Personal Side Of Disaster Capitalism, Susan Waltz

Human Rights & Human Welfare

Two weeks ago a tornado ripped through my small hometown in rural Michigan (population 3,500), unexpectedly providing fresh perspective on the phenomenon Naomi Klein has called “Disaster Capitalism.” While I was writing this commentary, work crews were out with chainsaws and chippers, cutting up the remains of fallen trees and clearing mountains of debris from roads and sidewalks.

The End(S) Of The State(?), Daniel J. Whelan

Human Rights & Human Welfare

Last February, New York Times columnist Paul Krugman wrote an op-ed that anticipated Klein’s article, in part. In his view, the Bush administration has been engaged in an effort to “Green-Zone” the United States government by gutting the professional civil service—dubbed as “the enemy” by the American Enterprise Institute—and replacing its ranks with political appointees who have little interest or experience in running a state, but quite a bit of interest in enriching the private sector with public largesse. Klein’s “Disaster Capitalism” takes Krugman’s theme and pumps up the volume ten-fold.

American Capitalism - Disasterous Consequences?, Richard Falk

Human Rights & Human Welfare

Naomi Klein’s depiction of late-capitalism as feeding off a disaster-prone planet and state-system is provocative and illuminating, even if it seems to be itself a form of “shock and awe” journalism. The great cultural critic of the 1960s, Norman O. Brown, memorably said of psychoanalysis, “[o]nly the exaggerations are valuable,” and so it might be with this critique of the dark sides of recent tendencies in world economic activity. It is notable that the book version of Klein’s article bears the title The Shock Doctrine: The Rise of Disaster Capitalism, which itself can be read as a sly admission that …

Gainesville Area National Organization For Women 25th Anniversary Banquet October 19, 2007

Saffy Collection - All Textual Materials

Banquet held on Friday, October 19th, 2007.

Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz

Human Rights & Human Welfare

From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.

© Susan Waltz. All rights reserved.*

*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

Bad Apples Or Bad Policies?, Daniel J. Whelan

Human Rights & Human Welfare

In a scene from the Woody Allen film Hannah and Her Sisters, the haughty and cantankerous character Frederick (Max von Sydow) is telling his girlfriend (Barbara Hershey) how he spent the evening flipping through channels on television. Ever the arrogant social critic, Frederick remarks,

You missed a very dull TV show on Auschwitz. More gruesome film clips. And more puzzled intellectuals declaring their mystification over the systematic murder of millions. The reason they can never answer the question: “How could it possibly happen?” is that it’s the wrong question. Given what people are, the question is: “Why doesn't it happen …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Occupational Hazard, Michael Goodhart

Human Rights & Human Welfare

“The Other War” describes how the patrols, supply convoys, checkpoints, raids, and arrests, which make up the daily routines of U.S. soldiers in Iraq, sometimes involve degrading and abusive treatment of Iraqi civilians. Through interviews with some of those soldiers, the article portrays the everyday tragedy of the Iraq war and demonstrates how the very policies used to “secure” the country are creating greater insecurity and sparking Iraqi resentment of the occupation. The authors’ main point is that such abuses are inevitable under what they call “misguided and brutal colonial wars and occupations” like Iraq, “the French occupation of Algeria… …

Facing Up To The Truth, Susan E. Waltz

Human Rights & Human Welfare

American GIs who liberated Dachau from the Nazis in April 1945 exist in our collective memory as iconic representations of the American soldier-hero: competent and capable, disciplined, principled and fundamentally good. From their collective example, we expect American soldiers to reveal, report, and excoriate war crimes. This makes it difficult to acknowledge that Americans may also commit war crimes—and on a regular basis.

Mercenaries And Other Ways Of Breaking The Law: Why Our Blood Should Boil, Judith Blau

Human Rights & Human Welfare

Among the many consequences of the terrorist attacks of 9/11, the absence of investigative journalism and critical reflection in the U.S. is, perhaps, the most troubling; though we are now seeing a reversal of this trend. Jeremy Scahill has been one of the brightest and best examples of this reversal, relentlessly pursuing a trail of wrongdoing involving the U.S. government and private corporations.

Can The Next American President Switch The Tracks?, Harry Kreisler

Human Rights & Human Welfare

For decades the Washington mantra has been privatization. As Secretary of Defense in Bush 41’s administration and as CEO of Haliburton, Dick Cheney was influential in the application of this idea to defense policy. Now as Vice President of the United States, he and his coterie of followers have taken the idea to a new level. According to Jeremy Scahill, the United States has reached a tipping point in waging the Iraq war, with dire consequences for defense policy, democratic accountability, and the global perception of who we are and what we stand for.

Private Military Industry And The Laws Of War, Mahmood Monshipouri

Human Rights & Human Welfare

The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?