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Vermeule Unbound, Philip A. Hamburger 2016 Columbia Law School

Vermeule Unbound, Philip A. Hamburger

Faculty Scholarship

My book asks Is Administrative Law Unlawful? Adrian Vermeule answers “No.” In support of his position, he claims that my book does not really make arguments from the U.S. Constitution, that it foolishly denounces administrative power for lacking legislative authorization, that it grossly misunderstands this power and the underlying judicial doctrines, and ultimately that I argue “like a child.”

My book actually presents a new conception of administrative power, its history, and its unconstitutionality; as Vermeule has noted elsewhere, it offers a new paradigm. Readers therefore should take seriously the arguments against the book. They also, however, should recognize that …


The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley 2016 Duke Law School

The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

Faculty Scholarship

As part of a symposium on Justice Stephen Breyer’s book, “The Court and the World,” this essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this …


The Ethical Issues Of Dumping Electronic Waste In India, Krista E. Dawson 2016 Augustana College, Rock Island Illinois

The Ethical Issues Of Dumping Electronic Waste In India, Krista E. Dawson

Augustana Center for the Study of Ethics Essay Contest

Electronic waste, also referred to as “e-waste,” is all waste made from electronic products such as computers, mobile phones, digital music players, refrigerators, washing machines, and TV’s (Pinto, 2008). There is e-waste produced in the manufacturing process as well as the final disposal of the product. Although developed countries consume most electronics, it is increasingly common for countries that are still developing to possess electronic goods (Larrdis, 2011). Use of technology and connection to worldwide networking is a huge step for the progress of these countries, but having gained a “part” of the developed world without the associated infrastructure to …


Mass Fears, Strong Leaders And The Risk Of Renewed Conflict: Three Essays On Post-Conflict Elections, Anup Phayal 2016 University of Kentucky

Mass Fears, Strong Leaders And The Risk Of Renewed Conflict: Three Essays On Post-Conflict Elections, Anup Phayal

Theses and Dissertations--Political Science

Countries emerging out of armed conflicts face immense challenges in their efforts to build electoral democracies. Contrary to our intuition that elections can transform violent competition to peaceful political contests, past research suggests that holding post-conflict elections only increases the chance of renewed violence. Why are elections unable to build sustainable democracies as expected? In this dissertation, I examine the question by focusing on two levels of analysis. First, I study the effects of violence on political behavior of mass publics at the individual level using the World Values survey Dataset. I argue that citizens are more inclined to support …


Locating Gendered Resistance: Interethnic Conflict, Environmental Disaster, And Feminist Leadership In Sri Lanka, Allison A. Donine 2016 Pitzer College

Locating Gendered Resistance: Interethnic Conflict, Environmental Disaster, And Feminist Leadership In Sri Lanka, Allison A. Donine

Pitzer Senior Theses

In geographically vulnerable and politically unstable regions such as Sri Lanka, I argue that linking natural hazards and climate-induced disasters to existing social issues is more pressing than ever. In the case of the 2004 Boxing Day tsunami, it was impossible to dissociate the two. Looking though the lens of distress, in conflict and environmental disaster, this thesis explores how women have transformed moments of victimization into opportunities for resistance and agency. This thesis examines the following questions: Within the geo-political context of Sri Lanka, how does social stress (human-made or environmental) produce conflict and resistance to patriarchal traditions along …


From Liberal To Restrictive: The 1992 Asylum Policy Change In Germany, Natalie Ramos 2016 University of Central Florida

From Liberal To Restrictive: The 1992 Asylum Policy Change In Germany, Natalie Ramos

Honors Undergraduate Theses

As the most popular destination country for migrants and refugees in the EU since the end of World War II (MPI, 2004), Germany has a history of refugee inflows. In this thesis I focus on the different factors that led to asylum policy change in reunified Germany, from liberal since 1945 to restrictive, after the end of the Cold War in 1992, with the 1992 amendment of Article 16 of the German Basic Law. The study of the factors that account for German asylum policy change is important to understand the future of German asylum policy, and potentially provide a …


Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester 2016 University of Central Florida

Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester

Honors Undergraduate Theses

The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.

This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses …


Water Sanitation And Waste Management In Latin America, Colombia, And Cartagena: A Study Of The Relationship Between Environment, Health, Poverty, And Policy, Andrea K. Sullivan 2016 University of Central Florida

Water Sanitation And Waste Management In Latin America, Colombia, And Cartagena: A Study Of The Relationship Between Environment, Health, Poverty, And Policy, Andrea K. Sullivan

Honors Undergraduate Theses

The objective of this research is to identify the need for stricter environmental standards and regulations in three areas of study. Organized by their level of analysis, these areas are Latin America (at the System-Level-of Analysis), Colombia (at the State-Level-of-Analysis), and the city of Cartagena (at the Sub-National-Level of Analysis). This research was accomplished in two phases. The first involved conducting an exhaustive literature search of sources, germane to the objective, published in Spanish and English. The second featured a site inspection conducted over a 10-day period during the month of May 2016 to Cartagena, Colombia. The purpose of the …


Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews 2016 Pepperdine University, Malibu

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …


Women In Higher Education In Iran: How The Islamic Revolution Contributed To An Increase In Female Enrollment, Meredith Katherine Winn 2016 Pepperdine University, Malibu

Women In Higher Education In Iran: How The Islamic Revolution Contributed To An Increase In Female Enrollment, Meredith Katherine Winn

Global Tides

In the three decades following the Islamic Revolution in Iran, rates of female enrollment in higher education increased despite a return to traditional and conservative gender roles. This paper will provide an in-depth analysis of the role the Islamic Revolution played in the changing roles of women in society, particularly as it pertains to education. It will argue a complex interplay of religious, cultural, and political factors emerged as a result of the Islamic Revolution that facilitated an environment where more young women could attend university. Finally, this paper will conclude that the rise in women’s participation in education has …


A Critical Examination Of Oil Wealth Management Strategies And Their Effects On Economic Growth In The Gulf Cooperation Council Countries, Caroline J. Belmont 2016 Claremont McKenna College

A Critical Examination Of Oil Wealth Management Strategies And Their Effects On Economic Growth In The Gulf Cooperation Council Countries, Caroline J. Belmont

CMC Senior Theses

Despite their natural resources, the countries of the Gulf Cooperation Council (Kuwait, the United Arab Emirates, Saudi Arabia, Bahrain, Qatar, and Oman) have failed to live up to their economic potential, primarily due to their dependence on a revenue source with volatile prices and political significance in an unstable region. This thesis argues that the best way to convert oil wealth into consistent long term growth is through diversification, both by investing in foreign assets and by growing domestic sectors that are independent from oil and gas prices. The research further investigates the primary tool these countries have used to …


Misuse Of Executive Power As An Obstacle To Democratic Institutional Reform In Argentina, Anna C. Brito 2016 Claremont McKenna College

Misuse Of Executive Power As An Obstacle To Democratic Institutional Reform In Argentina, Anna C. Brito

CMC Senior Theses

This thesis explores three different institutions that underwent proposed reforms during the President of Cristina Fernández de Kirchner (2007-2015): the intelligence sector, the judiciary, and the media. Though the stated purpose of these reforms was to make more democratic institutions that had suffered under the military junta, in reality they were generally unsuccessful. Furthermore these institutions would be further changed under her successor, Mauricio Macri, still with little improvement to democracy. When examining these changes in the context of hyper-presidentialism, it is apparent that the misuse of executive power is a serious impediment to meaningful institutional reform.


Think Of The Children: How U.S. Domestic Policy Undermined Good Foreign Policy And Contributed To The 2014 Central American Migration Crisis, Rebekah D. Vermillion 2016 Claremont McKenna College

Think Of The Children: How U.S. Domestic Policy Undermined Good Foreign Policy And Contributed To The 2014 Central American Migration Crisis, Rebekah D. Vermillion

CMC Senior Theses

Why was the United States caught completely unprepared for the Central American refugee crisis during the summer of 2014? Although thousands of unaccompanied children from Honduras, Guatemala, and El Salvador streamed across the southwest U.S. border in unprecedented numbers, the systemic problems plaguing the region stem back decades, and recent data clearly shows a trend of increasing yearly migration flows to the United States from these countries. Even in the face of the crisis, the U.S. government’s response was targeted more towards mitigating the symptoms of the crisis while insufficiently addressing its underlying causes.

This is largely due to U.S. …


Assessing Equity In Artisanal Mines In The Democratic Republic Of Congo, Maya Kale 2016 Claremont McKenna College

Assessing Equity In Artisanal Mines In The Democratic Republic Of Congo, Maya Kale

CMC Senior Theses

As a result of the continued violence and poverty in the Democratic Republic of Congo (DRC), artisanal mining serves as an opportunity for livelihood construction for the population in the Eastern DRC. Though the dominant discourse of “conflict minerals” has deemed natural resources as the cause or consequence of violence in the Eastern DRC, minerals in fact only serve as a funding tool for various foreign and local armed groups in the region. This thesis consequently explores the ways in which artisanal miners can reap the benefits of the minerals they work tirelessly to extract, using and adapting policies from …


A Conflict-Sensitive Approach To Conditional Cash Transfers In Indonesia: Can Ccts Reduce Conflict?, Glenys Kirana 2016 Claremont McKenna College

A Conflict-Sensitive Approach To Conditional Cash Transfers In Indonesia: Can Ccts Reduce Conflict?, Glenys Kirana

CMC Senior Theses

Given that conditional cash transfers (CCTs) can be a very effective social welfare program to reduce poverty and improve education and health outcomes, but may exacerbate conflict, this thesis addresses strategies for conflict-sensitive formulation and implementation of CCTs in Indonesia. This thesis raises the immediate need to address poverty in Indonesia and seeks to learn from the successes and challenges of other CCTs, such as those enacted in Mexico, Brazil, Turkey, and the Philippines. This thesis also looks into existing literature comparing the effectiveness of CCTs to other social protection programs (SPPs) and finds that CCT is one of the …


The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods 2016 Claremont McKenna College

The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods

CMC Senior Theses

In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.


The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak 2016 Rollins College

The Corporatization Of Justice: Clashes Between International Arbitration And National Environmental Regulations, Scott Novak

Honors Program Theses

In light of the controversies surrounding international arbitration systems and the growing threat of global climate change, this paper aims to answer the following questions: Do international trade arbitration mechanisms undermine national environmental regulations and initiatives, and if so, in what ways does this happen, and how might these mechanisms be reformed? By applying four different theoretical models of international arbitration to four cases studies illustrating how state environmental policies have clashed with private interests in the past, I develop a comprehensive power-based model of arbitration that provides insight into international arbitration systems' current inequities and how these systems may …


Crackdown And Consent: China’S War On Terror And The Strategic Creation Of A Public Discourse In The U.S., Kehaulani R. Jai 2016 Scripps College

Crackdown And Consent: China’S War On Terror And The Strategic Creation Of A Public Discourse In The U.S., Kehaulani R. Jai

Scripps Senior Theses

Scholars have extensively detailed China’s conflation of the Uyghur issue in Xinjiang with the international war on terror following September 11, 2001. Less studied is how the U.S. responded to China’s framing of the Uyghur as terrorists, and of the Chinese government’s characterization of Xinjiang as a region fraught with violence and extremism. On the whole, scholars who have addressed this latter issue conclude that China successfully coopted the U.S., and consequently cracked down on Xinjiang without substantial international outrage. On the basis of a review of official U.S. documents before and after 9/11, I argue that the U.S. response …


How Many Lightbulbs Does It Take To Change The Financial System? Economic Ideas And Financial Regulation, 1846–2007, Michael Lee 2016 CUNY Hunter College

How Many Lightbulbs Does It Take To Change The Financial System? Economic Ideas And Financial Regulation, 1846–2007, Michael Lee

Publications and Research

Ideas may impact economic policy change, but their specific effects are difficult to untangle. Material factors may influence both ideational change and policy change. In order to study these complex interrelationships, this article looks at the impact of both ideational change (the rise and fall and rise of free-market economics) and material factors (competitive pressure, crises, and domestic politics) on financial regulatory change and on one another in the United Kingdom and United States since 1846. Using a vector error correction model, I find that elite ideas influenced regulation in Britain, but not the United States. Material factors exhibited more …


The Aesthetics Of Propaganda: Modern Design At The 1959 American National Exhibition In Moscow, Charlotte Hecht 2016 Connecticut College

The Aesthetics Of Propaganda: Modern Design At The 1959 American National Exhibition In Moscow, Charlotte Hecht

American Studies Honors Papers

No abstract provided.


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