Political Science Commons^™

The Multiple-Stage Process Of Judicial Review: Facial And As-Applied Constitutional Challenges To Legislation Before The U.S. Supreme Court, Stefanie A. Lindquist, Pamela C. Corley

Scholarship@WashULaw

The Supreme Court’s decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices’ choices to invalidate a state or federal enactment on its face or as applied and find that the justices are responsive to congressional preferences concerning the substance of the legal challenge at both stages of judicial review. Other factors systematically affect the justices’ decisions as well, including the legal basis for the …

Misunderstanding Congress: Statutory Interpretation, The Supermajoritarian Difficulty, And The Separation Of Powers, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Every lawyer's theory of statutory interpretation carries with it an idea of Congress, and every idea of Congress, in turn, carries with it an idea of the separation of powers. In this article, the author critiques three dominant academic theories of statutory interpretation--textualism, purposivism, and game theory--for their assumptions about Congress and the separation of powers. She argues that each academic theory fails to account for Congress's dominant institutional features: "the electoral connection," the "supermajoritarian difficulty," and the "principle of structure-induced ambiguity." This critique yields surprising conclusions, rejecting both standard liberal and conservative views on statutory interpretation.

"Plain" meaning, it …

The Game Of Life: Designing A Gamification System To Increase Current Volunteer Participation And Retention In Volunteer-Based Nonprofit Organizations, Ya Chiang Fu

Undergraduate Student Research Awards

No abstract provided.

E Pluribus Plurum, Or, How To Fail To Back Into A State In Spite Of Really Trying, Chandran Kukathas

Research Collection School of Social Sciences

“The framework for utopia,” Robert Nozick tells us at the beginning of the fi nal section of Part iiiof Anarchy, State, and Utopia( ASU), “is equivalent to the minimal state” (p. 333). The rich andcomplex body of argumentation of Parts iand iihad produced theconclusion that the minimal, and no more than a minimal, statewas legitimate or morally justifi ed. What Part iiireveals is that theminimal state “is the one that best realizes the utopian aspirationsof untold dreamers and visionaries” (p. 333). Although this happyconvergence is surely no accident, neither, Nozick insists, is it contrived, for it is the conclusion reached …

Do Methods Matter In Global Leadership Development? A Mixed-Methods Study Of A U.S.-Based International Mba Program, Jennie L. Walker

Electronic Theses and Dissertations

As world communication, technology, and trade become increasingly integrated through globalization, multinational corporations seek employees with global leadership experience and skills. However, the demand for these skills currently outweighs the supply. Given the rarity of globally ready leaders, global competency development should be emphasized in higher education programs. The reality, however, is that university graduate programs are often outdated and focus mostly on cognitive learning. Global leadership competence requires moving beyond the cognitive domain of learning to create socially responsible and culturally connected global leaders. This requires attention to development methods; however, limited research in global leadership development methods has …

The Coalition Of The Unwilling: Contentious Politics, Political Opportunity Structures, And Challenges For The Contemporary Peace Movement, Victoria Carty

Sociology Faculty Articles and Research

The Bush Doctrine, which was installed after the 9-11 attacks on the United States under the guise of the war on terrorism, postulated a vision of the United States as the world’s unchallenged superpower and the invasion of Iraq became one of the central fronts of this war. After failing to get approval by the United Nations for the invasion, the Bush Administration’s attempt to assemble a coalition of the willing became critical to the battle for public opinion to back the war. While the administration was able to garner some support, the coalition eventually unravelled and all troops are …

“I Would Feel Uncomfortable If My Child’S Teacher Were Gay”: Examining The Role Of Symbolic Homophobia And Political Affiliation, Michael Moore, Amy C. Moors

Psychology Faculty Articles and Research

Symbolic homophobia is a general negative disposition towards lesbian, gay, and bisexual individuals, which is demonstrated in symbolic forms of prejudice rather than overt actions. Stigma towards lesbian, gay, and bisexual (LGB) individuals has transformed from overt forms of prejudice to slightly less blatant more subtle forms in recent years (Schafer & Shaw, 2009). Based on previous research, it is has also been shown that conservatives will have higher levels of symbolic homophobia. (Linneman, 2004), Thus, in order to assess the more nuanced forms of prejudice in relation to political affiliation, Study 1 created a scale to assess symbolic homophobia. …

Asians In The American Mind: How Americans View Asian Americans Politically, Nhung Kim Nguyen

LSU Doctoral Dissertations

This study explores how the general American public thinks about Asian Americans, who are a multiethnic, immigrant-dominated, fast-growing, and understudied group. Understanding Americans’ views toward Asians is important in light of the changing face of the American electorate, whose recent additions comprise largely of immigrants from Asia and Latin America, and the likelihood that Americans’ beliefs or thoughts about race and ethnicity will be altered beyond the black-white divide in U.S. politics. As an attempt to gain such understanding, the purpose of this study is to provide a systematic study of Americans’ attitudes toward Asians in terms of positive/negative evaluations …

Rights, Needs, And The Creation Of Ethical Community, Natalie Susan Gaines

LSU Doctoral Dissertations

Despite a half-century of dominance by the rights discourse, the supremacy of rights in theories of human obligation has recently come under attack from political theorists. Though scholars have questioned the ability of rights to explain satisfactorily the responsibility we have for the well-being of others, there are few viable alternatives offered. In this dissertation, I argue that a theory of needs provides a better explanation of the intellectual and moral foundations of obligation. Human need is deeply rooted in subjective potentiality, but studies in human psychology have also provided an increasingly universal picture of the needs human beings experience. …

A Presidency Upstaged: The Public Leadership Of George Bush, Joseph V. Hughes Jr. And Holly O. Hughes, Lori Cox Han

Political Science Faculty Books and Book Chapters

A president who distances himself from stagecraft will find himself upstaged. George H. W. Bush sought to “stay the course” in terms of policy while distancing himself from the public relations strategies employed during the administration of Ronald Reagan, his predecessor. But Bush discovered during his one-term presidency that a strategy of policy continuity coupled with mediocre communication skills “does not make for a strong public image as an effective and active leader in the White House", as author and scholar Lori Cox Han demonstrates in A Presidency Upstaged.

Incorporating extensive archival research from the George Bush Presidential Library at …

Conditioning Democratization: Eu Membership Conditionality And Domestic Politics In Balkan Institutional Reforms, Ridvan Peshkopia

University of Kentucky Doctoral Dissertations

The uneven effects of EU membership conditionality on Eastern European reforms continue to puzzle the research community. Sometimes, the research focus has been too large, considering EU membership conditionality as a policy implemented uniformly across policy areas. Other efforts take a too narrow approach by trying to explain the effects of EU membership conditionality in single sectors. I suggest studying this phenomenon through a set of mid-level theories in a cross-country, cross-sectorial approach. I argue that both the intensity of EU membership conditionality and reform outcomes are contingent upon the policy sector context; hence, we should take a sectorial contextual …

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

Kimberly Lanegran On Child Soldiers: Sierra Leone’S Revolutionary United Front. By Myriam Denov. Cambridge, Uk: Cambridge University Press. 2010. 234 Pp., Kimberly Lanegran

Human Rights & Human Welfare

A review of:

Child Soldiers: Sierra Leone’s Revolutionary United Front. By Myriam Denov. Cambridge, UK: Cambridge University Press. 2010. 234 pp.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

David P. Forsythe And Charles J. Mach On Empire Of Humanity: A History Of Humanitarianism. By Michael Barnett. Ithaca, Ny: Cornell University Press, 2011. 312pp., David P. Forsythe, Charles J. Mach

Human Rights & Human Welfare

A review of:

Empire of Humanity: A History of Humanitarianism. By Michael Barnett. Ithaca, NY: Cornell University Press, 2011. 312pp.

Introduction: Minority Rights, Joel R. Pruce

Human Rights & Human Welfare

The central thread woven through this Digest is the concept of vulnerability. Minority status, broadly construed, represents a core characteristic that carries with it particular human rights implications. Historically, minorities are frequently targeted for exploitation and scapegoated when things go badly. Without the capacity to protect themselves and without spokespersons to stand with them in solidarity, minority groups are specifically susceptible to gross exercises of power and abuse and too often denied access to channels through which to make claims and demand redress. Violations of minority rights are commonly structural in nature, as discriminatory practices are built into political and …

Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box

Human Rights & Human Welfare

Human trafficking is an extreme human rights violation that impacts all populations across the globe and is characterized by force, fraud, and coercion intended for exploitation (Palermo Protocol 2000). Currently, human trafficking research is particularly limited by non-standard terminology and a clandestine research population. While estimates of the number of trafficked persons vary widely and are notoriously unsubstantiated, we can still arrive at some conclusions regarding the overall number of trafficked persons. One low estimate suggests that in 2005, at least 2.4 million people had been trafficked into forced labor situations and approximately 12.3 million people were victims of forced …

Lost In Translation: Linguistic Minorities In The European Union, Nirvana Bhatia

Human Rights & Human Welfare

“A nation without a language is a nation without a soul,” declares a Gaelic proverb. Indubitably, language is a product of national identity; it preserves heritage, reflects societal beliefs and values, and expresses a cultural spirit. The current international human rights regime, however, does not recognize an individual’s right to language choice; instead, it promises freedom from linguistic discrimination. The implications are not quite the same and, as a result, states have successfully repressed minority populations by controlling their language options. The European Union in particular—with its panoply of languages—demonstrates an inconsistent approach toward linguistic minorities; it attempts to promote …

Tibetan Refugees' Rights And Services In India, Claudia Artiles

Human Rights & Human Welfare

The Chinese invasion of Tibet, and the Dalai Lama’s subsequent decision to flee in 1959, resulted in the mass influx of Tibetan refugees into India that continues today. It has become clear to the Indian government, as well as to the Tibetan community in exile, that repatriation is unlikely in the near future. Consequently, an evaluation of India’s protection of, and assistance for Tibetan refugees is necessary to ensure their treatment is in accordance with international standards. Unfortunately, such an assessment shows that there is a lack of proper protections and services; this ought to be of particular concern to …