Political Theory Commons^™

By Hook Or By Cook: Exploring The Legality Of An Ins Sting Operation, Lenni B. Benson

San Diego Law Review

The Immigration and Naturalization Service (INS) is an agency with responsibility both for enforcing the immigration laws and conferring legal status and other benefits. This author finds that at times these dual roles create conflict, mistrust in the community, and violations of the rights of aliens. This Article critically examines an undercover operation conducted in 1993 by the San Diego District Office, which lured aliens to deportation through INS offers of legal status. The Article discusses the regulatory and statutory provisions governing INS undercover operations and the rights of aliens subject to final orders of deportation. It continues with an …

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman

San Diego Law Review

The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …

Entry: What Mama Never Told You About Being There, Kathrin S. Mautino

San Diego Law Review

This Article analyzes the development of entry as an immigration concept, with special attention to those factors that affect entry analysis. These elements that the author finds must be considered in every potential entry into the United States are: (1) the legal status of the alien, (2) the purpose for finding an entry, and (3) the congressional intent behind the statutes involved. This Article explores the legal history of the term "entry," and illustrates the interaction of the three factors above. The author concludes that entry analysis demonstrates the political nature of immigration and the frequency that historical events rather …

Population, Immigration And Growth In California, Richard Sybert

San Diego Law Review

This Article presents objective data and analysis regarding the components of California's population growth. It also reviews fiscal impacts from immigration. The author finds that these fiscal impacts are substantially negative for state and local governments. The Article also examines United States workforce needs as they may be affected by an expanding population and as they may implicate immigration. The author recommends changing immigration policy to focus more on workforce needs and skills in California. He recommends federal action on two levels: (1) to compensate California for the hugely disproportionate financial burden it bears from the nation's immigration and refugee …

The Relative Autonomy Of The State, Tamer El-Meehy

Archived Theses and Dissertations

No abstract provided.

No-Fault Marital Dissolution: The Bitter Triumph Of Naked Divorce, J Herbie Difonzo

San Diego Law Review

In this Article, the author examines the origins of the no-fault divorce movement, concluding that the abandonment of fault grounds was conceived as a conservative measure intended to facilitate the reversal of the escalating divorce rate and to replace traditional marital dissolution with therapeutic divorce. This reform collapsed at mid-point, achieving only the jettisoning of divorce grounds. The author argues that an unintended consequence of the reform battle was the transformation from mutual consent divorce, the operating milieu for most of the twentieth century, into divorce on demand. The author concludes that this transformation has resulted in a significant loss …

Yale Political Monthly 1994 May, The Politic, Inc.

The Politic

No abstract provided.

Should Federal Evidence Rules Trump State Tort Policy? The Federalism Values Daubert Ignored, Michael H. Gottesman

Cardozo Law Review

I want to explore issues that the Supreme Court should have addressed in Daubert but did not. The Court decided that Rule 702 of the Federal Rules of Evidence ("FRE") assigns a "gatekeeping" function to federal trial judges, who are to exclude expert scientific opinions that do not meet a standard of "reliability" vaguely sketched out in the Court's opinion.

The Daubert case involved exclusively state substantive law issues and was in federal court only because the defendant removed it from state court on the basis of diversity of citizenship. The Court held the gatekeeping function applicable in diversity actions, …

Yale Political Monthly 1994 February, The Politic, Inc.

The Politic

No abstract provided.

Against First Principles, Jerry L. Mashaw

San Diego Law Review

This Article makes the argument that broad principles often get in the way of sensible public policy analysis and that one should be prepared to abandon them rather quickly when encountering heavy philosophical or political arguments. The author uses Richard Epstein's book Forbidden Grounds: The Case Against Employment Discrimination as a good example of the difficulty of developing plausible policy prescriptions while engaging in an argument based on broad principles. The Article notes weaknesses in Epstein's arguments concerning liberty, utility and efficiency as starting points for an evaluation of antidiscrimination law. The author applies his analysis to the Americans with …

The Third Stage Of The Egyptian Communist Movement: 1965-Present, Fatemah Shawki Farag

Archived Theses and Dissertations

No abstract provided.

A Tripolar World? A Framework For Analysis, Heidi J. Bachert-Burke

Theses and Dissertations (Comprehensive)

The complex changes which are now under way have sparked a great deal of interest and speculation around possible world order, futures and the U.S.' relationship to them. The predominant image of the New World Order is one which hinges on the development of a liberal, economic multipolar world order in which mutual responsibility and macro-policy coordination become effective means of global management. Indeed this perspective is prone to see the possibility for change through peaceful and harmonious means. In as much as advocates of Interdependency Theory try to anticipate, explore and systematize, they seem to override a very important …

Collective Consciousness And Self-Societal Definition: A Theory And Model For A Direct Democracy, John Blaikie Armstrong

Theses and Dissertations (Comprehensive)

This thesis builds a theory of ideal democracy based on the concept of human self-realization as intersubjectively determined. Self-realization and intersubjectivity, it argues, is founded on the existential notion of "choice". Self-realization is broadened, it is argued, by broadening the choices available to individuals. The thesis attempts to broaden individual choices by broadening participation in democracy. The thesis then constructs a practical model for a direct democracy using modern telecommunications networks. The intent of the theory is to build an intuitive myth of Universal Leadership that transcends the liberal myth of freedom. It outlines the liberal notion of the 'contract' …

Yale Political Monthly 1993 December, The Politic, Inc.

The Politic

No abstract provided.

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …

Introduction To Marx And Modern Political Theory: From Hobbes To Contemporary Feminism, Philip J. Kain

Philosophy

I first began to study Marx some twenty-three years ago. In those days there were many things that made it easy to become interested in Marx: among them the political ferment of the late 1960s and the fact that at the University of California at San Diego, where I was a graduate student, there were several important and interesting Marxists - Fredric Jameson, Herbert Marcuse, and Stanley Moore. The latter two were my teachers in the Philosophy Department, and the latter, to whom this book is dedicated, became my dissertation director. Moreover, the spirit of Marx was in the air …

A Statistical Analysis Of U.S. Foreign Aid And Latin American Human Rights, 1977-1988, Quentin Kidd

Graduate Theses and Dissertations

This paper is set in a time when, quite frankly, situations and events around the world are changing much faster than the perceptive abilities of the academic community. During the Cold War period it was relatively common to focus one's research toward a particular direction or specialty and feel safe that the rug would no be pulled out from under it. Many of this century's great political scientists carved their niches and made their names by studying and commenting on the status of the world as defined by the Cold War. Times have changed though. The Cold War has ended …

The State, Civil Society, And Citizenship, Richard Dagger

Political Science Faculty Publications

In large, modern societies, then, we should make the most of "partial societies" by encouraging the development of a vital civil society--a sphere of life that promotes freedom through private activity and the voluntary associations that serve as a buffer between individuals and the state. Indeed, the question is not whether civil society is a prerequisite for a good society, but what form it should take. With this in mind, I want to offer three observations about the proper form of civil society.

Collective Leadership In Contemporary Irish Nationalism: The Writing Of Gerry Adams, Kathryn Cantrell

Graduate Theses and Dissertations

Tracing its origins to Theobald Wolfe Tone's United Irishmen, founded in Belfast on October 18, 1791, Irish Republicanism has evolved from its original anti-sectarian, Lockean principles as represented by Tone1 to a modern movement encompassing national self-determination, antisectarianism, cultural nationalism, radical social policies, the politics of electoralism, as well as support for the armed struggle dedicated to British withdrawal from Northern Ireland and a united Ireland. Today, the modern Irish Republican movement is best represented by the political party Sinn Fein. The party's present leadership, headed by its president Gerry Adams, has changed the politics and strategies of Sinn Fein …

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

Democratic Discussion, Don Herzog, Donald R. Kinder

Book Chapters

"Democracy," remarked H. L. Mencken, "is the theory that the common people know what they want, and deserve to get it good and hard." Mencken found American politics a droll spectacle and showered contempt on the dullards he named "the booboisie." Plenty of other intelligent and perceptive observers have concluded that ordinary citizens are flatly incapable of shouldering the burdens of democracy. Uninformed and uninterested, absorbed in the pressing business of private life, unable to trace out the consequences of political action, citizens possess neither the skills nor the resources required for what Walter Bagehot pithily named "government by discussion." …

Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Yale Political Monthly 1992 May, The Politic, Inc.

The Politic

No abstract provided.

Yale Political Monthly 1992 February, The Politic, Inc.

The Politic

No abstract provided.

(Review) Hierarchy And Trust In Modern Mexico And Brazil, Robert Gay

Sociology Faculty Publications

Reviews the book "Hierarchy and Trust in Modern Mexico and Brazil," by Luis Roniger.

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

The Socialist Legacy Of Jean Jaures And Leon Blum, Benjamin T. Tolosa Jr

Political Science Department Faculty Publications

The tradition of socialist theory and practice associated with the Frenchmen Jean Jaures and Leon Blum is virtually unheard of in the Philippines. In a way, this is not surprising in a polity where ideological distinctions are not fully understood and appreciated, and where "socialism" is often equated with the "communism" espoused by the underground Communist Party of the Philippines and its allies. But such a gap in knowledge, while understandable, is most unfortunate. The aim of this note is to help fill this intellectual void in Philippine political-economic literature. The note also intends to show that this particular French …

Review Of Michael Oakeshott, Rationalism In Politics And Other Essays, And Paul Franco, The Political Philosophy Of Michael Oakeshott, Chandran Kukathas

Research Collection School of Social Sciences

Michael Oakeshott (1901-1990) was a political philosopher associated for most of his academic career with Caius and Gonville College as Official Fellow and Lecturer in History and later with the London School of Econom- ics as Professor of Political Science. His name is sometimes mentioned with those of two other famous thinkers associated with the LSE-Karl Popper and F. A. Hayek-and like them he has had a notable influence on contem- porary political thought. Yet whereas Hayek and Popper wrote a great deal on a variety of topics and were often at the center of academic controversy, Oakeshott wrote little, …

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

Yale Political Monthly 1991 November, The Politic, Inc.

The Politic

No abstract provided.