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Articles 151 - 180 of 437
Full-Text Articles in American Politics
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd
The Long Shadow Of Bush V. Gore: Judicial Partisanship In Election Cases, Michael S. Kang, Joanna M. Shepherd
Faculty Articles
Bush v. Gore decided a presidential election and is the most dramatic election case in our lifetime, but cases like it are decided every year at the state level. Ordinary state courts regularly decide questions of election rules and administration that effectively determine electoral outcomes hanging immediately in the balance. Election cases like Bush v. Gore embody a fundamental worry with judicial intervention into the political process: outcome-driven, partisan judicial decisionmaking. The Article investigates whether judges decide cases, particularly politically sensitive ones, based on their partisan loyalties more than the legal merits of the cases. It presents a novel method …
Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis
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 …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman
Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman
Student Scholar Symposium Abstracts and Posters
How political campaigns are financed directly affects every citizen in the United States. This can be attributed to the fact that campaign money is correlated to the laws that pass through congress and the interests that are taken into consideration. After the passage of Citizens United in 2010, campaign donation caps were lifted to allow for virtual unregulated money in politics with PACs, Super PACs and 501(c)(4)s. Although the 2010 passage of Citizens United has increased the influence of corporate and wealthy interests, individual campaign donations represent a major percentage of funds raised and are heavily relied upon. The present …
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
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.
Keeping Pace: The U.S. Supreme Court And Evolving Technology, Brian Thomas
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 …
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 …
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
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).
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
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 Narrowing Of Federal Power By The American Political Capital, David Fontana
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, …
Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman
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
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
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 …
Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner
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 …
California's Foreign Relations, Christopher Gaarder
California's Foreign Relations, Christopher Gaarder
CMC Senior Theses
Globalization has significantly increased the number of stakeholders in transnational issues in recent decades. The typical list of the new players in global affairs often includes non-state actors like non-governmental organizations, multinational corporations, and international organizations. Sub-national governments, however, have been given relatively little attention even though they, too, have a significant interest and ability to shape the increasing flow of capital, goods, services, people, and ideas that has so profoundly influenced the global political economy in recent decades. California, arguably the most significant among sub-national governments – its economy would be seventh or eighth in the world at $2.2 …
Litigating State Interests: Attorneys General As Amici, Margaret H. Lemos, Kevin M. Quinn
Litigating State Interests: Attorneys General As Amici, Margaret H. Lemos, Kevin M. Quinn
Faculty Articles
An important strain of federalism scholarship locates the primary value of federalism in how it carves up the political landscape, allowing groups that are out of power at the national level to flourish—and, significantly, to govern—in the states. On that account, partisanship, rather than a commitment to state authority as such, motivates state actors to act as checks on federal power. Our study examines partisan motivation in one area where state actors can, and do, advocate on behalf of state power: the Supreme Court. We compiled data on state amicus filings in Supreme Court cases from the 1979–2013 Terms and …
Social Capital At The Capitol: A Social Network Analysis Of Interest Group Influence In The 111th Congress, Steven A. Martin
Social Capital At The Capitol: A Social Network Analysis Of Interest Group Influence In The 111th Congress, Steven A. Martin
Theses and Dissertations--Political Science
This dissertation builds on existing scholarship in political science and political sociology to explore the influence of interest groups in legislative action networks. The primary theoretical insight is that as the number of interest group affiliations between two members of Congress increases, so does the frequency with which they forge other sorts of social ties necessary to advance the interests of their interest group constituencies. In particular, the analysis looks at interest group donation strategies, legislative co-sponsorships, and roll-call votes during the 111th Congress (2009-2010). The analysis uses social network analysis methods to create network models of 19 different …
“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney
“El No Murio, El Se Multiplico!” Hugo Chávez : The Leadership And The Legacy On Race, Cynthia Ann Mckinney
Antioch University Dissertations & Theses
“Chávez, Chávez, Chávez: Chávez no murio, se multiplico!” was the chant outside the National Assembly building after several days of mourning the death of the first President of the Bolivarian Republic of Venezuela. This study investigates the leadership of Hugo Chávez and his legacy on race as seen through the eyes and experiences of selected interviewees and his legacy on race. The interviewees were selected based on familiarity with the person and policies of the leadership of Hugo Chávez and his legacy on race. Unfortunately, not much has been written about this aspect of Hugo Chávez despite the myriad attempts …
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Scholarly Works
This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …
Three Questions For The "Right To Vote" Amendment, Richard Briffault
Three Questions For The "Right To Vote" Amendment, Richard Briffault
William & Mary Bill of Rights Journal
No abstract provided.
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin
William & Mary Bill of Rights Journal
No abstract provided.
Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh
Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh
William & Mary Bill of Rights Journal
No abstract provided.
Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher
Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher
William & Mary Bill of Rights Journal
No abstract provided.
"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb
"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb
William & Mary Bill of Rights Journal
No abstract provided.
The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken
The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken
William & Mary Bill of Rights Journal
No abstract provided.
Trade, Bert Chapman
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Revenue, U.S. Government, Bert Chapman
Revenue, U.S. Government, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Oglethorpe Journal of Undergraduate Research
America has fallen behind in women's leadership, especially in politics. In the approaching era, there will be more viable female political candidates than ever in the past, but will the public be prepared to elect a woman to high office? Studies suggest that mentalities toward female leadership have taken a shift in a positive direction. The idea of what an 'ideal' politician must offer is more feminine in the modern era than ever before. In the age of social media, female politicians have opportunities to reach more constituents through social media in a more effective way than has been offered …
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Celebrating Scholarship & Creativity Day (2011-2017)
No abstract provided.
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales
William & Mary Bill of Rights Journal
During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …