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State Political Interests and American Judicial FederalismJanuary 2017 (has links)
abstract: The American courts have become increasingly central to many important political debates. The marriage equality debate, the boundaries between religious freedom and society, the death penalty, eminent domain and many other contemporary issues that have direct effects on the lives of all Americans continue to play out in the court systems. While Alexander Hamilton in Federalist 82 sees the federal and state courts as complementary, this research sees these courts as often-rival political venues that political interests make strategic choices about taking legal actions in.
Prior research finds that political interests turn to the state courts for two reasons: The structure of law creates a legal incentive and the political interests have access to state level resources, e.g. attorneys skilled in the laws of a state. Yet, there appear to be important gaps in existing theory. A distinction between state and national political interests is seemingly important. State political interests are embedded within their state political communities; consequently these interests should have strong attachments with their respective state courts. Also, state political interests can be expected to select courts on the basis of political ideology and state judicial selection methods. Prior research has shown the connection between these factors and judicial decision-making, but not interest group participation.
To examine these areas of uncertainty, this research collected more than 3500 observations of the participation of political interests in the American courts. Two legal areas were selected: eminent domain and marriage equality. Ultimately, this study finds that state political interests develop strong attachments to their respective state courts and are more likely to enter into the state courts than their nationally-oriented counterparts. This research also finds that judicial ideology and state judicial selection both influence the decision to enter into the state courts. This shows a relationship between these factors and the decision to enter into the state courts. It also suggests that these factors not only affect the choices that judges make, but other actors as well, including political interests. / Dissertation/Thesis / Doctoral Dissertation Political Science 2017
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The Politics of the Uyghur Genocide - “A War on Words”Rawab, Jinan I M January 2023 (has links)
Throughout history, recurring instances of genocide have subjected specific groups and minorities to severe human rights violations. The most significant aspect of genocide is the international community's response, which often proves ineffective due to delayed reactions and self-interest. Currently, the Uyghur genocide is unfolding, with millions of innocent Uyghur Muslims enduring arbitrary detentions and being labeled as terrorists by the People's Republic of China (PRC). This thesis aims to investigate the discursive strategies employed by the international community when discussing the human rights abuses targeting the Uyghur minority in Xingang. Additionally, it will analyze China's response to the international backlash and its utilization of sophisticated discursive methods. Through a discourse analysis and a theoretical framework rooted in poststructuralism, incorporating concepts of discourse and deconstruction, both perspectives will be critically examined and compared.
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Imbroglio, Flawed Procedure or a State Scandal? : Untangling the Complexities of the 2020 Restitution of Human Remains from France to AlgeriaBlache, Pauline January 2023 (has links)
In July 2020 France returned 24 human remains to Algeria, designating it as a ‘loan’ renewable every five years. These human remains, identified as skulls, by some considered as “war trophies”, were believed to belong to Algerian soldiers and tribal chiefs who fought against the French army’s invasion in the early 19th century. They are today buried in the Carré des Martyrs in Algiers, alongside other prominent figures from Algerian independence and politics. However, a New York Times investigation revealed in October 2022, that only 6 out of the 24 skulls had been clearly identified as belonging to resistance soldiers, while the rest were either of uncertain provenance or imprisoned thieves, and three were of soldiers of Algerian origin who had fought in the ranks of the French Army. This thesis explores the intricate details, perspectives and interpretations that led to this contentious restitution. It argues that, while few people theoretically opposed the restitution, numerous complicated factors made the restitution multilayered and complex, and culminated in the oxymoronic notion of a permanent ‘loan’. The thesis analyses the various reasons behind the conclusions presented by The New York Times article. Three major groups significantly influenced the outcome of restitution: civil society, museums, and governments. The central argument revolves around the general taboo that has long existed regarding the crimes committed in the former French colonies, the reluctance of museums and the Ministry of Culture to accept restitutions, and the political exploitation of restitutions of cultural property and human remains for diplomatic, nationalistic and economic purposes.
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DESIS ON A SPECTRUM: THE POLITICAL AGENDAS OF SOUTH ASIAN AMERICANSSood, Sheena January 2019 (has links)
Desis and Racial Minority Politics: Disrupting Assumptions of Ethnoracial Solidarity: Current sociological analyses of Desi political interests are incomplete because they gravitate toward flattened identity-based, and electoral-based, understandings of ethnoracial groups. This study examines the political agendas and campaigns of four political organizations, located in New York City and Washington, D.C., with South Asian-origin members and constituents. These groups are 1) The Washington Leadership Program; 2) South Asian Americans Leading Together; and 3) Seva New York; and 4) Desis Rising Up and Moving. I collected qualitative data via in-person interviews (n=40) and participant observations (n=10) with members and organizational leaders, and at public events and programs. A key finding from this study is that South Asians are not a cohesive political force. The narratives demonstrate that the political agendas and activities of each organization undoubtedly shift and evolve in response to racializing moments (such as the events and aftermath of September 11, 2001). The data also illustrate that because the political interests of South Asian Americans get activated in subgroups, along the margins, and fragmentally, their agendas still cannot be captured through a shared ethnoracial or "panethnic" experience. While the desire for ethnoracial solidarity comes from an identification of common cause, the internal fragments – defined by issues of class, religion, gender, sexuality, nation of origin, immigration and citizenship status, and language – point to the difficulty of developing an authentic practice of intra-ethnic solidarity for Desis. Further, each organization's relationship to building alliances and coalitions cross-racially further delineate the fragmented nature of Desi political values. Based on the narratives from participants and leaders in these organizations, I make a case for why sociologists need to expand their theoretical lens for interpreting South Asian political agendas and locate Desi politicization along an “assimilation-to-racialization continuum” that intersects the paradigms of “assimilation” and “racialization” in conversation with one another. The categories between the “assimilation-to-racialization continuum” are as follows: “Wholehearted Assimilation (of Racial Minorities into the Mainstream Elite),” “Model Minority Assimilation (into "Honorary Whiteness”) ,” “Normalizing Minority Representation and Racial Diversity,” “Racial Justice and Progressive Inclusivity,” and “Empowering the Most Marginalized for Social Justice & Transformative Change.” Although this study reveals the specificity of an “assimilation-to-racialization continuum” and its application to the political lives of South Asian Americans, we can nevertheless think of ways that this model can be extended to other ethnic and racial groups in the U.S. I posit that we adopt the “assimilation-to-racialization continuum” to better understand how fragmented ethnoracial communities engage the political sphere. / Sociology
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