Law and Politics Commons^™

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Mahurin Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …

Split Definitive, Lawrence Baum, Neal Devins

Popular Media

For the first time in a century, the Supreme Court is divided solely by political party.

November Roundtable: The Palestine Bid For Statehood At The Un, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Statehood versus “Facts on the Ground””. By Richard Falk. Aljazeera, September 20, 2011.

Issue 1: Annual Survey 2011 Table Of Contents

University of Richmond Law Review

No abstract provided.

Guantánamo Bodies: Law, Media, And Biopower, Cary H. Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …

How To Sever The Legs Of An Octopus: Tunisia’S Ongoing Revolution, Matthew Hammel

Independent Study Project (ISP) Collection

The Kasbah square is large and covered in barbwire. Military men stand on the inside of the fence cradling automatic rifles, joking, chatting, texting on their cell phones. Coming out from the bustle of the souks the square feels tranquil. It is September, seven months since the square became a temporary home to thousands of protestors who demanded the end of oppressive government in Tunisia. It was here that the Tunisian people solidified their revolution, refusing to be appeased by the flight of a figurehead while the tentacles of his regime remained.

Ben Ali ruled Tunisia for twenty-three years. During …

Improving The Population’S Health: The Affordable Care Act And The Importance Of Integration, Lorian E. Hardcastle, Katherine L. Record, Peter D. Jacobson, Lawrence O. Gostin

O'Neill Institute Papers

Heath care and public health are typically conceptualized as separate, albeit overlapping, systems. Health care’s goal is the improvement of individual patient outcomes through the provision of medical services. In contrast, public health is devoted to improving health outcomes in the population as a whole through health promotion and disease prevention. Health care services receive the bulk of funding and political support, while public health is chronically starved of resources. In order to reduce morbidity and mortality, policymakers must shift their attention to public health services and to the improved integration of health care and public health. In other words, …

La Educación En España: Del Franquismo Al Partido Popular Education In Spain - From Francisco Franco To The 2011 Popular Party: Una Historia Breve De Las Leyes Y Los Caminos Del Cambio Educativo En España - A Brief History Of The Laws And Paths Of Educational Change In Spain, Kaitlyn Saruwatari

Independent Study Project (ISP) Collection

As I have been more immersed in Spanish culture during my time abroad, the history of Spain has fascinated me. In addition, my community service volunteering at a local public elementary school has prompted my increased interest in the field of education, with contrast to that of the educational system in the United States. Moreover, as a policy major at the University of California, Riverside, I chose to research how the political priorities of education in Spain have transformed over time since the infamous dictatorship of Francisco Franco (1936-1975) until now, since the recent November 2011 elections and the return …

Contradictions Between Party And Man: Student Perceptions Of Julius Malema, Annie Elise Shapiro

Independent Study Project (ISP) Collection

In many democratic nations around the world, a large degree of opinions exist in terms of the political parties and leaders. In South Africa, though, for the past 17 years since the end of Apartheid, the same party has ruled the national government, the ANC. In the most recent provincial elections, however, the citizens of the Western Cape voted to elect the DA to represent them. This study, therefore, seeks to explore the views of university students in the Cape Town area, which is the biggest city in the Western Cape, of politics in South Africa. More specifically, this paper …

Samantar And Executive Power, Peter B. Rutledge

Scholarly Works

This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …

Equal Citizenship And The Individual Right To Vote, Jospeh Fishkin

Indiana Law Journal

An emerging consensus among election law scholars urges courts to break out of “the stagnant discourse of individual rights and competing state interests” and instead adopt a jurisprudence of “structural” democratic values that sidelines individual rights. This structuralist approach won out in the great “rightsstructure” debate in election law, and came to dominate the field, during a period in which the main controversies—vote dilution, gerrymandering, ballot access, campaign finance—were all ones in which the structuralist move was illuminating. However, structuralism is now causing both scholars and courts to evaluate the new wave of vote denial controversies, over such issues as …

Bills, Bribery And Brutality: How Rampant Corruption In The Electoral System Has Helped Prevent Democracy In Uganda, Sam Tabachnik

Independent Study Project (ISP) Collection

This study looks at the electoral system in Uganda and the corruption and inefficiencies that go with it. In addition, this study delves into the most common electoral crimes and the way they are committed. Going even deeper, the study examines the reasons for bribery pervasiveness, the role of money in politics and the views locals have of their government and its leaders. Crucial institutions such as police, military, judiciary, Electoral Commission and civil society groups were also discussed in how they relate toelections and politics in Uganda.

The research design was qualitative, historical and descriptive. Information was gatheredby in-person …

Women’S Organizations In Tunisia: Transforming Feminist Discourse In A Transitioning State, Caitlin Mulrine

Independent Study Project (ISP) Collection

On October 23^rd, Tunisians voted in their first democratic election in the state’s history with much at stake after overthrowing the 23 year reigning dictator. As the era of Ben-Ali politics and social policy unraveled, Tunisians began to develop their own sophisticated political discourse as they collaborated to decide the direction of their state. Within this discourse, there emerged a sharp divide within the population, masked by Ben-Ali’s suppressive politics, over the issue of religion. Islamists, organized under Al-Nahda and other independent parties, stood in opposition to secularists who aimed to maintain a separation between religion and state. …

Mandatory Hpv Vaccination And Political Debate, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Vaccinations are among the most cost-effective and widely used public health interventions, but have provoked popular resistance, with compulsion framed as an unwarranted state interference. When the FDA approved a human papillomavirus (HPV) vaccine in 2006, conservative religious groups strongly opposed a mandate, arguing it would condone pre-marital sex, undermine parental rights, and violate bodily integrity. Yet, Governor Rick Perry signed an executive order in 2007 making Texas the first state to enact a mandate — later revoked by the legislature.

Mandatory HPV vaccination reached the heights of presidential politics in a recent Republican debate. Calling the vaccine a "very …

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins

Scholarly Articles in Law Reviews & Journals

When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …

The Two Faces Of American Freedom: A Reply, Aziz Rana

Cornell Law Faculty Publications

No abstract provided.

Isn't It Ironic? The Undermining Of American Public Policy By American Tax Law, And The Ramifications On Middle East Peace, Amanda Berman

Cardozo Public Law, Policy & Ethics Journal

The note critiques the broad and vague definition of "charitable" under U.S. tax law, particularly in the context of domestic organizations operating internationally. It argues that the current system allows organizations to act contrary to U.S. public policy while receiving tax-exempt status, and it calls for reform to prevent the misuse of tax-deductible funds for activities that undermine government policies. The analysis focuses on the IRS's oversight failures and the need for clearer guidelines to ensure charitable organizations align with public interest and policy goals.

When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore

Buffalo Public Interest Law Journal

No abstract provided.