Law and Politics Commons^™

Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta

Political Science Honors Projects

This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.

Ideology 'All The Way Down'? An Empirical Study Of Establishment Clause Decisions In The Federal Courts, Gregory C. Sisk, Michael Heise

Michigan Law Review

As part of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied Establishment Clause rulings by federal court of appeals and district court judges from 1996 through 2005. The powerful role of political factors in Establishment Clause decisions appears undeniable and substantial, whether celebrated as the proper integration of political and moral reasoning into constitutional judging, shrugged off as mere realism about judges being motivated to promote their political attitudes, or deprecated as a troubling departure from the aspirational ideal of neutral and impartial judging. In the context of Church and State cases in …

Violence And Poltical Incivility, David Lyons

Mercer Law Review

The charge to our panel refers to "the deterioration of the political conversation," to "deep ... divisions in society," and to recent violence- especially the tragic events in Tuscon. It asks us to identify "the virtues required.for our common life as citizens in a democracy and for civil democratic conversation." I shall offer observations and conjectures on each issue, stressing the historical background.

Let me suggest, first,. that the nonconstructive and increasingly abusive character of our political discourse may be relatively mild manifestations of an even more troubling malaise of our society- commonplace unlawful violence. I wish to draw your …

Some Concluding Reflections—Recovering The Political: The Problem With Our Politicial Conversations, Jack L. Sammons

Mercer Law Review

I am going to use parts of Gene Garver's thoughtful analysis' to frame these remarks, as it did much of the conversation at the symposium, but without much concern about the troublesome distinction between epideictic and deliberative rhetoric. As long as it is understood that epideictic rhetoric, like deliberative, is within the art of persuasion-it is in the particular form of getting an audience to see its object of praise or blame in a new light for, as Aristotle says, quoting Socrates, "it is not difficult to praise Athenians in Athens"3-I do not think I need to be very concerned …

Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.

Jlia Editorial Board & Staff

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

No abstract provided.

A Blue Thai Affair: The Blue Diamond Affair's Illustration Of The Royal Thai Police Force's Standards Of Corruption, Meghan A. Mcclincy

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

The Blue Diamond Affair, an international jewelry heist, captivated the world’s attention because of its unresolved murders, its implication of law enforcement and public officials from two divergent countries, and the resulting diplomatic tensions between Thailand and Saudi Arabia. The crime also demonstrates the inadequacy of the policies that governed the conduct of the Royal Thai Police Force and how the policies allowed, if not perpetuated corruption within the Royal Thai Police Force. This comment provides an overview of the Blue Diamond Affair, analyzes the Thai criminal statutes and policies, and explores possible remedies for police corruption in Thailand and …

Stop The Money, Stop The Attacks: A Categorical Approach To Achieving An International Terrorist Financing Sanction Regime, Vietlong Nguyen

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

Money allows terrorist organizations to continue their day-to-day operations. Stopping the flow of financial support to terrorist organizations will diminish the intensity and frequency of the attacks and ideally lead to a cessation of such attacks. One country may be able to establish barriers to terrorist financing through government sanctions. These barriers will not stop terrorist financing; but rather, it will divert it to another country. The only way to effectively stop such financing is to implement international standards for terrorist financing sanctions. But as countries differ economically and politically, a solution must accommodate each countries’ unique situation. This comment …

China And The Anti-Counterfeiting Trade Agreement - Acta Faith, Or Act Futility?: An Exposition Of Intellectual Property Enforcement In The Age Of Shanzhai (山寨), Leroy J. Pelicci Jr.

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

This comment presents a snapshot of the current state of intellectual property (“IP”) enforcement in China in light of a controversial new treaty designed to address the illicit, yet by all accounts thriving, industry of trade in pirated and counterfeit goods. Beginning with an overview of IP-intensive industries, this comment highlights the significance and value of this unique form of property, both to individuals and to national economies. This comment then shifts in focus to the areas of commerce most affected by counterfeiting and piracy, discussing China’s prevalent role in the epidemic, and its copycat subculture known as “Shanzhai.” Thereafter, …

Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach The United States About Crime-Motivated Immigration Reform, Allie Sievers

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

This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.’ crime-motivated immigration enforcement programs, and argues that the U.S. needs to move quickly to remedy flaws in immigration enforcement before it repeats many of the mistakes that led to the current condition of Europe’s Romanies and creates its own class of un-integrated ethnic minorities.

Freedom Of Speech Through The Looking Glass: Reflections On The Governance Of Political Discourse In China, The United States, And The European Union, Emily Alice Chesbrough

Scripps Senior Theses

Freedom of speech is a right guaranteed by the US, the EU, and China; however, just because a right is guaranteed does not mean the government cannot manipulate the right to achieve its ends. Freedom of speech is commonly associated with the power of language; citizens speak in order to take control of those governing them, in order to assert their desires. In reality, freedom of speech is far more beneficial for governments, who can use this dissent to better control a population. In order to control the population, though, the governments must first control the dissenting speech, the discourse, …

The 5 W'S Of The White House Tribal Nations Conferences: 2009-2011, Elizabeth A. Shulterbrandt

Scripps Senior Theses

This paper attempts to provide an answer to the question of why the White House Tribal Nations Conferences (2009-2011) are happening by offering two hypothesis-- the first being the growing American Indian political power, while the other looks at whether the Conferences are simply symbolic politics--as potential answers. An in depth analysis of the Conferences and the purported accomplishments from the summits are analyzed in order to gain a deeper understanding of the Conferences themselves. Lastly, an interview with a tribal leader is presented to provide another framework in which to view the Conferences.

The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting

Pepperdine Dispute Resolution Law Journal

On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …

Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy

Pepperdine Dispute Resolution Law Journal

The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …

Renegotiating Third World Debt , Arash S. Arabi

Pepperdine Dispute Resolution Law Journal

The debt crisis facing the Third World is one so severe that it threatens to shatter the economy of countless nations and leaves the future of their lenders in doubt. The only viable solution is to come up with an "alternative" method of dispute resolution to deal with the debt crisis - one that is a cross between arbitration and mediation. A disinterested body should be created to recover some, or if possible, all of the outstanding loans owed to financial institutions, while alleviating the extreme hardships the debt and current debt repayment methods have inflicted. It should be noted, …

What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall

Faculty Publications By Year

No abstract provided.

Jordan’S Political Public Sphere: Understanding The Youth’S Awareness And Perceptions Of The Constitutional Reforms In The Post-Arab Spring Era, Krista Vendetti

Independent Study Project (ISP) Collection

This study evaluates Jordanian youth’s awareness and perceptions of the constitutional amendments of 2011 and explores the youth’s main sources of political news. I hypothesized that a majority of young Jordanians are largely uninformed about the amendments and expected that the main source of news for most young Jordanians were official media sources. My research data consists of survey responses, given by 65 students from the University of Jordan, as well as five interviews with young Jordanians. My findings proved that the Jordanian youth has a low level of awareness about the recent political reforms, and the main news sources …

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

West Virginia Law Review

No abstract provided.

The Transparency Fix: Advocating Legal Rights And Their Alternatives In The Pursuit Of A Visible State, Mark Fenster

UF Law Faculty Publications

The administrative norm of transparency, which promises a solution to the problem of government secrecy, requires political advocacy organized from outside the state. The traditional approach, typically the result of organized campaigns to make the state visible to the public, has been to enact freedom of information laws (FOI) that require government disclosure and grant enforceable rights to the public. The legal solution has not proven wholly satisfactory, however. In the past two decades, numerous advocacy movements have offered different fixes to the information asymmetry problem that the administrative state creates. These alternatives now augment and sometimes compete with legal …

Civil Resistance And The Law: Nonviolent Transitions To Democracy, Charles R. Disalvo

West Virginia Law Review

No abstract provided.