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PSC 201:
American
Government | PSC 311:
Voters,
Parties & Elections
PSC 302:
Comparative
Government | PSC 303: International
Relations
PSC 306:
Public
Organizations | PSC 314: Political
Theory & Constitutional Law
Guest Speakers, 2004-2005
Prof.
Jeremy Lewis, Revised 20 Feb. 2007.
International topics
-
Michael Meyer, "Middle
Eastern Governments"
-
Dr.
Sudha Mohan, of Mumbai, India, Senior
Fulbright Fellow, Columbia University,
"Pakistan-India Relations," "Indian Constitution," "Indian Politics", "Role
of Women in India." 26-30 Jan, '05.
[Notes]
-
Chris Carr,
PhD LSE, Air War College, "War Talk in the Caucasus, Tues
29 Mar.
-
Grant Hammond, PhD
Johns Hopkins SAIS, Air War College, "Technology, Globalization and
Non-State Actors: A Revolution in Security Affairs" Thurs
31 Mar '05
-
Wing. Cmdr. Chris Luck,
RAF, Air Command and Staff College, "The US and Europe", T
12 Apr.
-
Col. Steven Wright,
PhD candidate, Tufts U., Air War College, "Communitarian and Cosmopolitan
IR Theory," T 19 Apr.
-
Richard Chambers,
PhD Princeton, Prof., U. Chicago (retired), "16th Century Supower: the
Ottoman Empire of Suleyman the Magnificent,"
week 15, Th 21 April. [MAPS] [Links
to Ottoman Empire
Government]
American topics
-
Lucie McLemore, District
Court Judge, "The Bill of Rights in the District Court." week 12,
T Mar 29
-
Scott Rouse, Dep. Solicitor
General, "Constitutional Law & Extra-Textual Rights", T Apr 12
-
Gordon G. Martin,
VP, Alabama Power, and former congressional lobbyist, "From Lobbying
to Managing: Power and the Enron Scandal," F 15 Apr.
-
Katheryn Kennedy, Counsel,
Office of Governor, "The Governor, the Legislature, and Public Policy",
M 25 Apr.
Michael Meyer,
"Middle Eastern Governments: Syria,
Iraq and the Search for Security."
by Adam Farquhar (Oct. 2004)
(Speaker's own lecture outline is below.)
I. Opening Comments
A. Example of Tunisia
1. People really aren't that free.
2. If you are not for the president, you are shut out of society.
3. The economy isn't that good.
B. Iranians consider
themselves separate from the Middle East.
C. None of the Arab
States are truly free.
1. Arab States lack freedom, knowledge, and womens's participation.
2. Power is based on patronage and loyalty.
3. There are few advances in liberties compared to the rest of the
world.
II. Syria
A. Syria was given
the lowest possible score in political and civil rights by Freedom House.
B. Bashar Al-Asad
became President following the death of his father, Hafiz Al-Asad.
1. The Military organized the transition of power in order to prevent
a coup.
C. There is a Parliament,
but it is only a puppet for the regime.
D. The country is
ruled by a minority sect of Islam.
III. Egypt
A. The country gets
a 6/7 ranking (second to last) for political and civil rights.
B. President Mubarak
is firmly in control.
1. There is no real opposition.
IV. Saudi Arabia
A. Saudi Arabia
has the lowest posssible score in political and civil rights. (7/7)
1. It is one of the most repressive countries in the world.
B. The House of
Saud has ruled under a monarchy since 1932.
C. There is no parliament
or political parties in Saudi Arabia.
V. Qatar
A. Qatar recieved
a 6/7 for political and civil rights.
B. You don't see
as much political repression in Qatar becuase of the high standard of living.
C. There has been
only one family in charge of Qatar for decades.
D. There is no parliament
in Qatar.
VI. Other Countries In the Middle
East
A. Jordan
1. Jordan recieved a 6/7 for political rights and a 5/7 for civil
rights.
2. It is a Monarchy with succession from father to son.
B. Other bright
spots in the Middle East
1. Morocco
2. Bahrain
3. Kuwait
C. The jury is still
out on Iraq.
VII. Society in the Middle East
A. There is a lot
of security in the Middle East due to the amount of Authoritarian regimes.
B. The military
works solely for the regime
1. They spy on the local population
2. They watch out for meatings of social groups.
3. They employ regular citizens.
C. There is hardly
any upward mobility in Middle Eastern society.
D. Tribe loyalty
is everything.
1. Syria-Alawis
2. Iraq-Sunnis
3. Jordan-Bedouin
E. Arab States promote
military societies.
1. As a result of this, there are many spy agencies spying on each
other.
2. You only move up in the military if you have connections.
3. Development is stifled.
4. The defense budget is high, leaving little room for social programs.
Lecturer's Outline:
Arab Governments: The Quest for Security
Lecturer—Lieutenant Colonel Mike Meyer
Undergrad. Degree —Latin American History
Masters—Nat. Sec. Affairs (Mid-East) and Arabic
Middle East and Political Military Affairs Specialist
Intelligence Officer—Aviation and Political Affairs
Analyst and Briefer for Commander, USCENTCOM
Political Advisor to Commander, USCENTAF
Air Attaché, U.S. Embassy, Damascus, Syria
AF Recruiting Squadron Commander, Maxwell AFB
Agenda
Common Characteristics of Security-Conscious
Arab States
What Means Do Arab States Employ to
Ensure Security?
What are the Implications for the Region?
No Truly Free Arab Countries
0 of 22 Arab Governments are Truly Freely Elected
UN Human Development Report, 2002, Identifies
3 Deficit Areas:
Freedom, Knowledge, and Women’s Participation
Assumption of Power and Governance Based on Patronage
and Loyalty
Contradicts Trend of Democratization in Other
Parts of Developing World During the Past Few Decades—L. America, Africa,
Far East, E. Europe
Syria:
-
Freedom House--7/7 Political Rights; 7/7 Civil
Rights
-
Pres. Bashar Al-Asad Confirmed by Referendum;
Son of Hafiz Al-Asad
-
Constitution Changed Overnight in Wake of Father’s
Death
-
Parliament is Merely a Rubber Stamp
Egypt:
-
6/7 Political and Civil Rights
-
President Mubarak in Power Since 1981
-
No True Opposition Allowed
Saudi Arabia:
-
7/7 Pol. and 7/7 Civ. Rights
-
Saud Family has Ruled Monarchy since 1932
-
No Parliament and 90-member, appointed Consultative
Council
-
No Political Parties Allowed
Qatar:
-
6/7 Pol. and 6/7 Civ. Rights
-
Current Ruler Overthrew Father in 1995
-
Prime Minister from Same Family
-
No Parliament and 35-member, appointed Cons.
Council
Jordan:
-
6/7 Pol. and 5/7 Civ. Rights
-
Monarchy with Succession From Father to Son
-
2 Chambers of Parliament, One of which is Elected
-
Political Parties are Allowed with Limited Participation
Few Bright Spots—Limited Political Liberalization:
Morocco, Bahrain,
and Kuwait
Jury Still Out on Iraq, but Progress
is Being Made
—Only Because the Coalition Overthrew Saddam
and is Present.
-
Key will be Whether Populace will Put Up with
Turbulence Associated w/ Lack of Security
-
as Democratic Processes are Institutionalized
Common Characteristics of Security
Conscious Arab States
-
With Exception of Lebanon and the Palestinian
Territories,
-
Arab States Remarkably
Stable For Three Decades + :
-
King Hussein, Jordan, More than 40 Years
-
Hafiz Al-Asad, Syria, 30 Years
-
Hosni Mubarak, Egypt, 23 Years
-
Saddam Hussein, Iraq, Almost 25 Years
Authoritarian Governments Dominate
the Arab World
Many Leaders Live in Fear
Rulers Fear Political Reform as a Catalyst for
Instability
Arab Countries are Often Essentially Police States
with Relatively Large Security Services and Militaries
—Armed Forces are Not Servants of the People,
But Served by the People (Corruption)
Despite Rich Cultural Composition and Histories,
Civil Society is Often Stifled or Closely Monitored
Large Portions or Majority of Population Often
Cut Out
or Impoverished—No
Vehicles for Upward Mobility
What Means Do Arab States Employ to Ensure Security?
Co-opting and Promoting Particular (and often
Minority) Ethnic Groups,
as well as Attaining
the Loyalty of Key Tribes
Syria—Alawis from the Coastal Mountains
Iraq—Sunnis from the Sunni Triangle/Tikritis
Jordan—Bedouin Families from East Bank
Controlled Demonstrations and Protests—
Pressure Valves
Promotion of “Military” Societies
—Most Arab Leaders Either Rose Up through
the Military or Closely Identify Themselves with the Military
Numerous and Overlapping Intelligence Agencies—More
Eyes the Better!
Dual Militaries with Simultaneous External Defense
and Internal Protection Missions.
-
In Fact, #1 Mission is Actually Regime Protection
Implications for the Region
Economic:
Unless Oil/Natural Gas Revenues High, Development
is Stifled As Bright
Young People Emigrate
or Are Forced to Settle for Jobs Beneath Capabilities
Welfare States Like Saudi Arabia are Threatened
by a Lack of Opportunity
Defense Budgets are Disproportionately High,
Taking Money From Civilian Industry
Military/Security:
Sycophants, Often from Particular Ethnic Groups,
Advance Before Capable Leaders
Unit Morale is Negatively Affected as Personnel
are “Watched”
Centralized Control Slows Speed at which Operations
are Executed
Jealousies Hurt Cooperation Between Individual
Services
Leaders Chase High-Profile Military Items vs.
Most Practical Ones
Social/Political:
Political Cronies and Loyalist Leaches Attain
High-Level Positions
Due to a Lack of Legal Outlets for Frustration,
Extremism on the Rise
Militant Islam on the Rise
More and More Band-Aid Fixes Needed to Hold Together
Societies
Dr.
Sudha Mohan, of Mumbai, India,Senior Fulbright Fellow, Columbia University,
"Pakistan-India Relations," "Indian Constitution," "Indian Politics", "Role
of Women in India." 26-30 Jan, '05. [Notes]
Chris Carr, PhD, Air War
College, "War Talk in the Caucasus,"
Tues
29 Mar.
PhD,
London School of Economics.
"Christopher Carr joined the AWC in
1998. Previously he was Senior Researcher, Center for Public Policy and
Contemporary Issues, University of Denver. From 1986-8, 1989-93 he was
Distinguished Visiting Professor in the Department of Political Science,
US Air Force Academy. He has written articles on arms transfer policy and
most recently contributed a chapter to Arms Control: Cooperative Security
in a Changing Environment. His current research focuses on human insecurity
in heavily weaponized communities, for which he has received support from
the Institute for National Security Studies, US Air Force. Dr Carr holds
a B.A. from the University of Lancaster, UK and a Ph.D. in International
Relations from the London School of Economics (LSE). His areas of expertise
include sub-state conflict, light weapons proliferation, civil conflict
in Africa, 'Kalashnikov cultures', arms control, international organized
crime." -- from AWC web page.
Summary:
The Causasus, between the Black Sea and Caspian
Sea, is a dangerous and unsettled region comprising the republics of Georgia
and Azerbaijan plus disputed regions of southern Russia, South Odettia
and areas controlled by mountain warlords. There is oil soon to be
exported from Baku to the west via British Petroleum, plus a new democratic
interest in Georgia. The two are in tension. Russian troops
still have bases in Georgia, and the new democracy is in tension with its
neighbors. The US faces therefore a policy tension between supporting
democracy and securing steady supplies of oil from Azerbaijan.
Guest Speaker: Chris Carr, PhD, Air War
College, "WAR TALK IN THE CAUCASUS"
Notes by Alexander Zachos, March 29, 2005
Why would we be in war at the Caucasus?
[MAPS]
It is very plausible that a shooting war will
happen in the Caucasus, Russia being the main enemy.
Russians owned this area of the world.
In Georgia, the Russians have a psychological
tie.
In Armenia, matters are much more complex.
There are many more Armenians in the Diaspora (people living outside the
actual sovereign country.)
Azerbaijan is the odd man out, they are
a Muslim country who identifies with Turkey. They also have oil reserves.
There is a lot of hate in this region of the world based on religion, ethnicity,
etc.
When the Soviet Union broke up, these hatreds
boiled up. There is much hate between Armenia and Azerbaijan.
They had lived together peacefully for hundreds of years.
Mountain people are very different due
to a regional difference, which is the mountain mentality.
1988-Azerbaijan, the local community decided
that the Armenians were going to attack. They started to kill the
Armenians in their own country, it occurred because of frustration.
Most Armenians that were inside Azerbaijan left
the country to other parts of the Caucasus.
Nigorno Karibak is owned by Azerbaijan, but the
people are Armenian.
There was a nasty war between 1992-1994 where
between 30,000 and 50,000 people died. Mainly led by warlords; rape
was used as a weapon.
The Azeries lost, and the Armenians won due to
better leadership. The Azeries talked to the Turks to blockade the
Armenians, thus, the only way that the Armenians can get goods is through
Iran, or Georgia.
Country without young people, trade and hope.
The thing that they have going for them is the Diaspora, who go out to
different parts of the world and send money back.
This is called a remittance economy.
Without this, the Armenians would have no economy.
The Armenian Genocide- Happened in Turkey in
1915, where the Turks were scared of their collapsing empire, and killed
between 800,000 and 2.5 million Armenians in Turkey.
Ther Armenians want the Turks to admit that it
was genocide, then peace discussions can begin.
Oil: The U.S. should be concerned about
the Caucasus because of oil.
The BTC Pipeline will pump 1 million gallons
per day through, it is sweet oil, that doesn’t need to be refined very
much. It will never be more than 3 percent of the world’s oil
Azerbaijan had a civil war, the leader who emerged
was Hadar Alyiev. He is from Nachichevan, he makes a pact with the
British government.
His son is known for losing three million dollars
in one night in a casino, he starts grooming his son into a tough guy,
Ilham succeeded to the crown the year before last. They had fake
elections, Ilham won with 92 percent.
Does oil trump democracy? This is the
U.S.’s question that we must answer.
The Azeries will sell the oil to buy the weapons
to take back over Nigorno Karibak. This is always in the back of
their minds.
There are more Azeries in Iran, than in Azerbaijan,
this has interest for us. There are many more religious radicals
in Iran than in Azerbaijan, this could convert some of the modest Muslims
to radicals.
Azerbaijan has a very corrupt government in Baku,
Armenia is a concern because of the Armenian Diaspora in the US.
Georgia is the real concern for the U.S.
The Russians have a deep feeling for Georgia,
Georgia died badly at the end of the Soviet Union, collapsed into civil
war.
A group of Georgians called the foreign minister
from Russia to get the people and country out of chaos.
Pankrisi Gorge is a harbor for terrorists, 2001
there were members of Al Quaeda, GTEP, to train.Georgians to clear out
the bodyguards.
The Russians in Georgia see Americans to train
the Georgians, to the Russians it looks like we are allying with the Georgian
Sakashvilli government. This is where the threat lies that there
could be a shooting war with Russia.
Sakashvilli is young and in a hurry with less
experience. The things that make someone a good revolutionary doesn't
make them a good peacetime president.
The Georgians will ask the Americans for help
if they should fail for the two provinces inside Georgia against the Russians.
South Assetia, and Abkhazia.
Should Americans defend Sakashvilli and the
Georgians against the Russians?
This is the debate that could lead to war
Ultimate paradox: We might actually get into
a shooting war with Russia now, something that never happened during the
45 year Cold War.
Grant Hammond, PhD, Air War College,
"Technology, Globalization and Non-State Actors: A Revolution in Security
Affairs" Thurs 31 Mar '05.
"Dr. Grant T. Hammond
is Deputy Director of the Center for Strategy and Technology (CSAT) and
Professor of Strategy and International Security at the Air War College
since 1989. Dr. Hammond is a frequent guest lecturer at home and abroad
on defense issues, future conflict, creative thinking, strategy, and airpower.
He was a major participant in two CSAF sponsored studies (SPACECAST
2020 and AF 2025). His publications include
Countertrade,
Offsets and Barter in International Political Economy(1990);
Plowshares
Into Swords: Arms Races in International Politics, 1840-1991 (1993)
and The Mind of War: John Boyd and American Security (2001). He
has published in a number of journals including Aerospace Power Journal,
Defense
and Security Analysis,
Joint Force Quarterly, The Journal
of Conflict Studies,
Washington Quarterly, Small Wars
and Insurgencies, and the
Journal of Innovation and Management
among others. He has contributed numerous book chapters as well. Dr. Hammond
holds an A.B. from Harvard and M.A. and Ph. D. in International Relations
from the School of Advanced International Studies of The Johns Hopkins
University. His major areas of research are the strategic consequence of
technological choice and future conflict." -- from AWC web page
Dr. Grant Hammond, Air War College,
"Technology, Globalization and Non-State Actors: A Revolution in Security
Affairs" [Material has been removed from its temporary position
on web site, as the author continues to develop his drafts for publication.]
Summary:
The future of conflict, with
the development of new generations of high-tech weapons and control systems,
may look very different. Disruption of command and control, and the
long term economics of developing new weapons, may mean adversaries are
mismatched and wars may be very short. Biological, radiological and
electronic weaponry may supersede high explosives. Proliferation
of new tech could on the other hand erode the US hegemony in military force.
Non state actors are of growing importance, and asymetric warfare may continue
to grow in frequency. The goals of war may include destroying the
confidence of a people in its government, hence information warfare may
be increasingly important.
-
How are the strategic landscape,
the nature of politics, the state and the state system all being transformed?
Col. Steven Wright, PhD candidate,
Tufts U., Air War College, "Communitarian and Cosmopolitan IR Theory,"
T
Apr. 19.
"Colonel Stephen E.
“Wilbur” Wright is a Professor of Warfighting, Air War College (AWC), Maxwell
Air Force Base, Alabama. Before this assignment, he was a PhD student at
The Fletcher School, Tufts University in Medford, MA. His operational expertise
includes assignments in both the B-52D/G/H and B-1B, air operations center
experience as the chief air strategist for 8th Air Force, and as a crisis
action director for Air Combat Command (ACC) and division chief for ACC
Director of Operations Information Operations Division. His command tours
include the 9th and 28th Bomb Squadrons at Dyess AFB TX. He earned his
BS at Texas A&M University and was a distinguished graduate of the
Reserve Officer Training Corps. He holds master’s degrees in Industry and
Technology (East Texas State University), National Security and Strategic
Studies (Naval Command and Staff College), and Airspace Studies (School
of Advanced Airspace Studies). He is currently working to complete his
dissertation in International Relations and International Security Studies.
He is a distinguished graduate of Squadron Officer School and a graduate
of the Naval Command and Staff College. In 1997-98, he served as a National
Defense Fellow in the International Security Studies Program, The Fletcher
School, Tufts University. He is a command pilot with over 3,900 flying
hours in the T-37, B-52, and B-1 aircraft." -- from AWC web page
Wright, International
Relations theories, notes [DOC]
[PPT diagram [diagram,
htm]
President W. Bush, National
Security Strategy 2002, PDF
Wright, Communitarian
Theory Notes [DOC]
Wright, Cosmopolitan
Theory Notes [DOC]
Wing. Cmdr. Chris Luck, RAF, MBE, MA,
Air Command and Staff College, "The US and Europe", T 12 Apr.
Wing Cmdr. Luck, currently teaching at the
ACSC, is a Puma medium lift helicopter pilot, and a veteran of several
conflicts since 1981, including the Falklands, the Balkans and both Gulf
wars. [PPT] [HTM
slides]
-
Why and how was the European Union developed?
-
How will the EU develop in the future?
-
What are the influences on US-European Union
relations?
-
Why do tensions seem to exist between the US
and EU?
Richard Chambers, PhD Princeton, Prof.
Emeritus U. Chicago, "16th Century Superpower: the Ottoman Empire of Suleyman
the Magnificent," Th 21 April. [MAPS]
[Ottoman Empire
Government]
(These notes do not include the hard copy
handouts.)
Ottoman Empire
-
Suleyman contemporary of Henry 8.
-
Period dominated by 2 superpowers, Holy Roman
of Hapsburg Charles V in West and Suleyman in East.
-
Inherited at 26, empire golden age, brillliant
military campaigner like his father, till death at 1576(?) empire larger
than western europe.
-
Reached to Vienna, besieged. Admiral Barbarossa
defeated combined Catholic fleets of Europe.
-
Another fleet extended via Red Sea to Sumatra.
Hence Indonesia highest muslim pop today. Tried to drive out Portuguese.
-
Recognized as Caliph of Sunni islam.
-
Gallipoli peninsular first incursion to Europe
1354, moved capital to European side of Dardanelles, eventually to Istanbul.
-
Name was their understanding of Greek "To the
City" of Constantinople.
-
Nearly two centuries of Ottoman rule in europe
-- but some time before entered fully into European diplomatic circle of
Christian Europe.
-
1525 Francis defeated by Hapsburgs, offered Ottomans
fleet Toulon as a naval abase.
-
Charles V encouraged Iran to attack Ottos from
East.
-
Catholic leaders were unable to crush Protestant
reformation in the process.
-
Relentless struggle of Suleyman vs Charles V.
1492 muslims and Jews left Spain for asylum in Ottoman empire.
-
Example of neighbor in Chicago who spoke no English
but Ledino 15 C Spanish, could converse with Hispanics.
-
Converts to islam "Turned Turk."
-
All Ottoman lands called Turkey by europeans
at time.
-
Upper class not really Turkish, all wives were
foreigners, Suleyman's was slavic, probably Polish and corresponded with
Elizabeth I of England.
-
Ottoman language was mixture and Turkish and
others (Usman) very difficult language, symbolized extended family of upper
class.
-
Each part of empire treated as a possession with
separate laws, with only thin layers of administration at top.
-
Victories on land and sea.
-
Ottoman archives one of largest, most never read
by historians, millions of documents.
-
Autonomy for local religions and minorities.
Legal status of minorities lower .
-
Treaties known as capitulations to encourage
trade between Ottoman and Europe.
-
Brilliance and richness of capital and culture.
Revived a ruined city of Istanbul. New construction, new pop 700K,
largest in Europe.
-
Poetry of Bakke, and Suleyman a good poet.
-
Sinon, greatest architect, favorite of Frank
Lloyd Wright., great mosques. Also convents (Takas) and Madrassahs.
Including Baghdad Taka /Madrassah.
-
Caravanserais (camel motels) for traveling merchants,
each one day's drive. Bath houses throughout empire, impressed european
ambassadors. One brought tulip bulbs back to Holland. Cleanest
nation of Europe.
-
Seraglio comes from word palace in Turkish Serai.
-
Outside Behrun guards, doctors (mostly Jewish)
administrators, mil bands (idea spread to Europe) and coffee (also introduced
to Europe).
-
Grand Vizier = PM, in second gate area.
-
Within third court, past third gate, entered
by permission of Sultan to audience chamber -- but ambassadors carried
in without seeing rest of court. After one ambassador tried to stab
Sultan, guards held arms to each visiting ambassador.
-
Ottomans never sent ambassadors in return --
one way diplomacy w/ interpreters (Greeks) in Istanbul. Ottomans
never learned european languages and never sent permanent ambassadors.
-
Kiosks were beautiful small tents in gardens
of palaces.
-
Harem = place of residential court, not the women.
No men allowed except family. Served by white and black units trained
for inner servants.
-
Topcapa palace focal point, most talents artists
and artisans sent, made distinctive designs, esp. tiles & ceramics.
-
Dome of rock in Israel example, plus walls of
Jerusalem old city reconstructed. Carpets and other fabrics splendid,
including silks and satins. Cushions on ledges and pillows were common
furniture. Divan = counsel who sat on bench with cushions.
Ottoman low stool with cushion.
-
Even campaign tents were lined with embroidered
silk.
-
Conclusion -- efficient government, tolerant
rule, vibrant city and arts, broad spread empire, world power of first
order.
-
Foreigners could eat pork and drink booze but
only in private. Should not wear green in public, Islamic color.
Could not build tall houses or
-
ride horses.
-
Taxes paid via priests of own religion.
-
Question time:
-
tolerance never declined officially, and began
to use western law in western areas. Woman more free to divorce.
Rigid law of earl Islam e.g. cutting off hands of thief were dropped in
19C and european standards spread. Medieval islamic law only exists
in Saudi and a few other areas today -- because of Ottomans.
-
Joseph Knossi, Jew got monopoly of E Mediterranean
wine trade, because Muslims not allowed to work with alcohol, became rich,
promoted return ot Jews to Palestine. Safeh became center of Jewish
learning, from tiny village..
-
Jewish ambassador of Suleyman to Venice protected
the Jews there.
-
Armenian genocide occurred under Ottoman empire;
young Arms had Russian support fr separation, declaration independence
in WW1, civil war Armenia - Turkey during WW. Few turks lived there
but more muslims than
-
arms dies there. Turks did not explain
well their side of it and anti turk propaganda post WW1 centered on this.
PSC 314, Lucie McLemore, District Court
Judge, "The Bill of Rights in the District Court." week 12, T March
29
Judge McLemore, an HC and Jones Law School
graduate, is elected to the Montgomery County district court.
Summary:
Judge McLemore used amendments of the bill
of rights to illuminate examples of cases, warrants and procedure in the
Montgomery County district court.
-
Warrants, even when required at short notice,
must contain relevant data before a search, seizure or arrest can be authorized.
-
Drug offenses are a considerable burden on the
district courts, and prison overcrowding places a burden on sentencing.
PSC 314, Scott Rouse, Dep. Solicitor General,
"Constitutional Law in the Attorney General's Office", T Apr 12 [changed]
Raw notes of discussion, by Charles Walters,
2005..
alabama has law the prohibits the sell of
sex toys such as vibrators and dildoes
Does the state have the right to regulate
these devices?
Only bans the sale, not the use.
The AG's office has to defend the law whether
they agree with it or not
Placing priorities on laws as such wastes
the time of the State, when they need to be working on things such as the
budget
There is continued sale of these items because
a federal injunction that has prevented arrests
Is this the government's business (is it
popular, morally wrong?)
One shop had these items visible to the eyes
of minors thus, the law was formed.
Unlike the federal government which must
have specific authority to create law, the state government can really
create whatever is not prohibited
Argument is that there is a federal privacy
right that prohibits the states to issue a law of this character
Strict interpreters of the Constitution believe
there is "extra textual" issues that have been placed in the Constitution
dealing with issues such as this Alabama law
The Constitution is enduring, and if
we need a "right to die" or "right to use sexual devices" we can
amend the Constitution in the place of implying things such as the "privacy
theory"
Washington v Glutsberg- push to right to
get someone to assist in committing suicide, the Supreme Court ruled no,
there is no right
The Supreme Court is reluctant to spread
the right of privacy, because it "takes it off board politically" that
way protests have no place because the issue already has been decided,
and it removes the issue from the democratic field
The court must decide what types of rights
they are going to recognize,
they have to be traditional rights, very
specific, and of course lawful and not infringing
Extra textural rights fall under the case
of Griswold v Conneticut where birth control was a large issue
Some of rights that have been raised:
-having children is a fundamental right
-marriage is fundamental right in Loving
v Virgina
-directing children's education
-Moore v Cleveland where living with your
extended family is a right
these are well excepted rights and are embedded
into society
Birth control- is there a tradition of birth
control in America?- elevated to Constitutional right, but strays from
the standard as set in Glutsberg
Roe v Wade- Court has said that the right
of privacy is a right to have an abortion (is there a tradition of abortion
in America)
If something has not been regulated should
regulation be based on the way culture has dealt with issue in past?- there
has to be some positive protection in the law to create this regulation
International standards have been looked
at to judge American case outcomes
If other countries have created a law against
American established right, should this not raise a red flag to our own
laws?
Some states have board that weed out worst
sex offenders and release the rest, the question has been raised that all
states, should they have the same regulation? Do states have to give "full
faith and credit" to other state's laws?
Sometimes laws and rights do not coincide,
such as the right to refuse medical treatment, but you cannot kill yourself.
Court said there is not a federal right to
education, in the case of US Supreme Court v Rodriquez but, school is a
tradition, and that most students education is paid for by the US government.
-these cases point out inconsistencies in
the Supreme Court rulings
Lawrence v Texas- overturned Bowers v Hardwick-
Bowers was 1986 the court case that ruled homosexual conduct was not a
fundamental right- the facts in the cases were extremely similiar but,
they did not rule there was a right
Depending on how you interepret a right depends
on how the court will interpret the right, if a court examines a case under
strict scrutiny there is little chance of securing a victory
but in the cases of rational basis scrutiny
there is a large posibility that the issue could be changed
Romer v Evans- government is hard to be ruled
against (?)
If someone is pushing a right today, is there
a limit to what right can be pushed?
Then all these rights are lumped into the
right to privacy creating a broad spread that seemingly has no end.
PSC 306, Gordon G. Martin, VP, Alabama
Power, and former congressional lobbyist, "From Lobbying to Managing:
Power and the Enron Scandal," F 15 Apr. [PPT,
large] [HTML]
Mr. Martin, a former Washington lobbyist,
and currently Vice President managing south Alabama operations, is alo
a trustee of HC. He holds one Master's degree and (except for the
language requirement) virtually a second Master's.
PSC 306, Katheryn Kennedy, Counsel, Office
of Governor, "The Governor, the Legislature, and Public Policy",
M 25 Apr.
Distance Education proposal slides: [PPT,
large] [HTML]
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