750 research outputs found
Medellin v. Dretke: Federalism and International Law
This is an edited version of a debate held at Columbia Law School on February 21, 2005
Late Holocene hydrographic variability as a causal link to rapid cultural evolution of the Southern
Master of ScienceOceanographyUniversity of Michiganhttp://deepblue.lib.umich.edu/bitstream/2027.42/115446/1/39015069982323.pd
The elephant in the room: Deconstructing the place of conservatives in the student affairs profession
The student affairs profession places considerable emphasis on the values of diversity, inclusiveness, and social justice as part of its mission to foster the holistic development of college students. Many vocal conservative critics point to these values as evidence of the liberal worldview that they claim dominates the higher education landscape. This critical, phenomenological study was designed around the premise that higher education, and, specifically, student affairs, is characterized by a liberal ideology that privileges those in the profession who identify as liberal. The study explored the perceptions and experiences of 12 self-identified conservative student affairs professionals in order to better understand the nature and impact of the hegemony that operates within the field. The findings then served as the basis for a deconstruction of the lived ideology of the profession. The premise of the study was affirmed by the experiences of many of the participants. Intent aside, majority status alone appears to confer certain privileges on liberals, allowing them to speak or act in ways that leave some conservatives feeling devalued and marginalized. The study identifies specific manifestations of liberal privilege, as well as a variety of strategies used by participants to respond and/or cope. The study findings reveal that participants differed considerably in how, and to what degree, they experienced student affairs as a hegemonic culture. Possible reasons for this are discussed, along with recommendations and avenues for further inquiry
The Role of the Great Powers in United Nations Peace-Keeping
Over the past forty-five years, international peace-keeping has developed two principal operational models: the small power model and the big power model. The small power model accounts for virtually all U.N. peace-keeping efforts over more than four decades. However, the big power model is becoming increasingly important to a world which is demanding both symbolism and substance from the United Nations.
Under the small power model, modest, lightly armed contingents from small states are deployed to symbolize international concern rather than to enforce international order. Typically, the participating states have no direct stake in the outcome of the conflict in question and do not aspire to project their own power into the conflict area. Thus, the majority of troops have come from countries such as the Nordic countries, Austria, and Fiji
Foreign States and the Constitution
This article does not advocate judicial abstention from deciding the constitutional claims of foreign sovereigns. Rather, the argument is that constitutional claims against the actions of the federal political branches must fail on the merits because of the relationship of foreign states to the federal structure. When, on the other hand, a claim does not directly confront or conflict with the political branches\u27 foreign policy, the federal courts should adjudicate the merits of foreign state claims by applying constitutional jurisprudence to sustain or reject the claim. Part III of this article elaborates upon the relationship between the thesis in Part II and concepts such as the political question doctrine, the application of the thesis to actions in which only the executive branch is involved, and the implications of the thesis for corporate and individual representatives of foreign states
Congress and the Executive: Who Calls the Shots for National Security? – Remarks by Lori Fisler Damrosch
Professor Firmage\u27s reaffirmation of the Framers\u27 conception of a President who would wait for congressional instructions appeals to traditional values of democratic control and congressional primacy that have deep roots in our national consciousness. But this model of presidential passivity has some of the same strengths and weaknesses as the advocacy of chastity to solve today\u27s problems of teenage pregnancy and sexually transmitted disease. The basic values may be sound, but when one moves from the assertion of those values to the identification of policy prescriptions, then it becomes clear that contemporary problems are too complex to be solved by simply returning to traditional values. Even though Professor Firmage made a strong case for reassertion of congressional prerogatives, the difficult questions facing the political system today need to be examined in their real-life complexities
Impeachment as a Technique of Parliamentary Control over Foreign Affairs in a Presidential System
The central inquiry for this essay is the proper use of the impeachment tool in foreign relations contexts, including war powers. In Part I, the essay begins with a brief review of British impeachment practice (limited to war and foreign policy concerns) known to the Founding generation and reflected in certain fundamental texts of the Founding; this treatment does not betoken any originalist orientation on my part (au contraire) but will set the context for later developments. Part II then turns to the travails of President Andrew Johnson as seen through the eyes of Walter Bagehot, the author of the classic treatment of the nineteenth-century British Constitution, which remains a cogent starting point for comparisons between parliamentary and presidential systems, including on the issue of removal of the head of government. Finally, after an examination in Part III of aspects of the Nixon impeachment crisis relevant to war and national security and a brief look at why impeachment was not considered for the Iran-Contra affair during the Reagan Administration, the essay concludes with some comparative reflections on parliamentary and presidential forms of governance and what such comparisons might portend for constitutional control of war and foreign affairs
The World Trading System: Law and Policy of International Economic Relations
This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own comparative advantage is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from many different fields
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