Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Enticing North Korea to integrate into the regional system holds strong promise for a long-term, peaceful resolution of the nuclear imbroglio. Effecting such a transformation is long overdue. By refocusing its Sunshine Policy, Seoul can facilitate the attainment of this goal. The core objective of this policy ? facilitating changes in the North?s behavior through economic interaction ? remains as important now as it was almost a decade ago at its inception. The Sunshine Policy though has been largely ineffective in this endeavor. While the Kaesong Industrial Complex, the current embodiment of this policy, is symbolically important, the massive scale that is envisioned in the coming years is unlikely to be realized in North Korea. Pyongyang?s concerns about political contamination will, in practice, continue to limit the growth of inter-Korean economic development projects. Seoul?s vision of closer integration with Pyongyang can still be realized, but in northeastern China. The potential to achieve such integration increased dramatically during the unveiling of the 11th Five-Year Development Program at the recent Chinese National People?s Congress (NPC) in Beijing. At the core of this program is the goal to reduce the widening gap in China between people benefiting immensely from the country?s economic growth and those left behind ? especially in the northeastern rust belt. Contributing to the creation of prosperity and jobs in this region constitutes a unique opportunity for the South Korean government to enable its Sunshine Policy to flourish. By building factories and infrastructure projects with the Chinese along the Sino-North Korean border, Seoul would be assisting the development of a regional engine of growth that would dramatically surpass Kaesong. Highly sensitive to being depicted as an interventionist or unilateral power, cooperating with South Korean companies would enable China to create joint ventures to be used in the economic engagement of the North. As the tide of regional economic activity rises, so too will all the boats. A win-win situation would thereby be created for all the core parties in the region. The last time Seoul developed and implemented a creative and highly effective policy to deal with North Korea was in the late 1980s and early 1990s with Nordpolitik. Dangling trade incentives, Seoul successfully established diplomatic relations with North Korea?s core allies ? China, the former Soviet Union, and Soviet bloc countries. In doing so, Seoul gained the upper hand in inter-Korean relations by receiving de facto recognition of its dominant economic and political power on the peninsula. Nordpolitik had a deep impact on the region. A strategically enlarged Sunshine Policy also has the potential to effect significant change.As the North Korean nuclear issue increasingly becomes a chronic part of the security landscape in the region, more economic development activity will be rapidly fostered by Beijing. A redirected Sunshine Policy would enable South Korea to accelerate the emergence of a new order in Northeast Asia.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Freedom of information laws struggle to manage disputes over access to government records and meetings in an effective manner. This study applied principles of Conflict Theory and Dispute Systems Design to examine the dispute resolution systems in place in open government laws across the United States. Five models emerged from this study: Multiple Process, Administrative Facilitation, Administrative Adjudication, Advisory and Litigation. This typology may aid the design of dispute resolution systems in the future.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The most salient question in Constitutional law and theory in the last half of the twentieth century centered around questions of unenumerated rights, most specifically the Right to Privacy. If these rights exist, the standard queries ask, should courts or legislatures (or both) carve out the contours of these rights? Moreover, should unenumerated rights be given the same kind of protection as Constitutionally enumerated rights? This paper examines the development of another right that, while not specifically enumerated in the Constitution, has consistently received a judicial, legislative, and even executive imprimatur since its inception: The Voting Rights Act of 1965. Using insights gleaned from normative Constitutional theory (Walter Murphy, James Fleming, and Bruce Ackerman), we account for the VRA’s fourty year progression from simple legislative output to what we call a “Sunshine Amendment.” Sunshine Amendment’s are temporary legislative (or even judicial) outputs that, through bi-partisan legislative support over time, or consistent majority status in Court challenges, take their place as quasi-enumerated Constitutional rights. Unlike the Right of Privacy, then, these more legislatively-centered rights provide insights on unenumerated rights more generally, simply by virtue of their creation outside of Courts.

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This study explores effects of humanitarian food aid offered by the South Korean government during the Sunshine Policy on North Koreans’ rights to food. Secondary research and data shows continuous and enormous food aid was offered, but not with proper monitoring system. This was carried out by policy, and resulted diversion of donated food and unfair food distribution in North Korea, which disturbed to improve North Korean’s rights to food. Furthermore, this research also presents that the food aid without monitoring system gives several challenges to both South Korea and international society to plan or operate future humanitarian food aid to North Korea.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: South Korean President Kim Dae Jung's Sunshine Policy finally supplanted the Cold War structure as the primary influence upon U.S. North Korean policy following the realization of the June 2000 inter-Korean summit.