Legal Commons^™

From Patrons To Landlords: The Transformation Of Class Relations In Zanzibar Through Wakf Reform, Isabel Spafford

Honors Theses

This study examines the role of wakf reforms in reshaping class relationships in Zanzibar during the British protectorate. Prior to the establishment of the British protectorate in Zanzibar, wakf dedications maintained patron-client relationships between the landowning class and poor clients that were established during the time of slavery but continued after abolition. I argue that wakf dedications were essential to continuing these relationships, and therefore British wakf reforms were necessary to achieve British colonial goals of dissolving patron-client relationships and establishing a capitalist system based on wage labor and ground rent. I analyze the relationship of the British colonial class ...

Two Diametrically Opposed Jurists: The Jurisprudence Of Chief Justices Roger B. Taney And Salmon P. Chase, Alexandra M. Michalak

The Cardinal Edge

No abstract provided.

Antonia Sentner's Fight Against Deportation: An Example Of The Federal Government's Fight Against Communism, Claire Wehking

Undergraduate Research Symposium

In the 20th century, the United States government used deportation as a tool to circumvent certain Constitutional protections in order to crack down on radicalism. This tactic was used in both the first and second “Red Scares.” In the 1940 and 1950s, a St. Louis deportation case rose to national prominence as it progressed through the federal court system. Antonia Sentner was the wife of Communist Party U.S.A. member and local labor leader, William Sentner. Her requests for naturalization were denied, even though her husband and children were born in the United States and she had lived here ...

Playing With Fire: The Medieval Judicial Ordeals And Their Downfall, Aaron Larson

Swarthmore Undergraduate History Journal

Trials by ordeal in the Middle Ages prove to be some of the most complex secular trials in all of history. Both trial by fire, and trial by water looked to call God's judgment into play, hoping that He would make the decisions of guilt or innocence. God is all-knowing. He is all-powerful. Therefore He has all of the relevant information to determine the fates of those who go through the ordeals. Despite this, the theologians in the medieval Church looked to lessen clerical involvement in the ordeals. In 1215, the Fourth Lateran Council met, and the ordeals ceased ...

The Barmen Declaration And The American Church: A Warning And Guidance From History, Johnny Davis

CULTURE & CRISIS: Reconciling Constitutionalism & Federalism in a Time of Crisis

The Barmen Declaration serves as a great example that the American Church should heed.[1] The American Church faces a hostile secular culture and a government that is increasingly statist and anti-Christian. The state has become an idol in an American culture that rejects truth and righteousness. A bold stance for truth and Christ is required by scripture and is the key to transforming the culture and saving the American Republic.

The Law And The Household: Criminal Courts In Early Twentieth Century Rockingham County, Jennifer Taylor

Masters Theses, 2020-current

This thesis examines the early twentieth century as a period of transition for rural, southern communities where the state began to increase its authority in matters of the family and the household. This prompted a transition from traditional patriarchal authority to state paternalism. Using the criminal court case records from the Rockingham Criminal Court, it is possible to evaluate the rural population’s reaction to this transition. Certain populations, particularly women, were willing to use the law as a place to find justice against male power, while men continued to perpetuate traditional ideas about masculinity and informal, violent retribution as ...

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...

"I Love Judges, And I Love Courts:" Chief Justice William H. Taft And Reform In The Federal Judiciary., Alexandra M. Michalak

College of Arts & Sciences Senior Honors Theses

As the only former president to ever serve as the Chief Justice of the United States Supreme Court, William Howard Taft’s legacy is best exemplified through his impact on the federal judiciary. Taft proved in time that the judiciary was his one true passion, undertaking revolutionary federal court reform that expanded the federal district courts, introduced the Judicial Conference, strengthened the chief justiceship, expanded the Supreme Court’s discretionary jurisdiction, and established a freestanding Supreme Court building. Following the reform trends of the period, Taft accomplished his reforms with the help of his political connections and experience, his colleagues ...

John Dickinson: The Development And Deployment Of A Legal Mind: 1754-1774, Sophie Rizzieri

Undergraduate Honors Theses

This thesis argues that John Dickinson’s political thought is best described as legal-minded. I define Dickinson as broadly “legal-minded,” with his use of statute-based arguments conveyed with oratorical skill, and his articulation of constitutional principles of natural rights and balanced government. Dickinson’s work during the period from 1764 to 1774 was concerned with deploying measured arguments and constitutional principles to convince American colonists to preserve their rights against encroachments from Great Britain. Using the letters he wrote to his parents while studying law at the Middle Temple in London in the 1750s, and various public writing and speeches ...

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may ...

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context ...

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to ...

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice ...

Anti-Semitism In France: How The Post-Holocaust Era Informs French Attitudes Today, Alyssa Chesek

Student Research Poster Presentations 2021

Following the end of the Holocaust, approximately 160,000 native Jews and 20,000 displaced Jews arrived in France. France, which operated under the Vichy government during World War II, was a Nazi puppet regime complicit in the persecution of its Jewish population. When Vichy fell in 1944, the recently instated Provisional Government of the French Republic became responsible for Jewish restitution and reintegration services. However, the new government refused to recognize a Jewish problem; this denial resulted in inadequate services and protections for the Jewish population. Without providing Jews with proper legal protections, the French government created an environment ...

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society ...

The Jamaican Maroons Of The 17th And 18th Centuries: Survivalists Of The New World, Lance J. Parker Jr

Dissertations and Theses

The Jamaican Maroons, in the beginning, served as fugitive slaves avoiding captivity and liberating other enslaved people. To stop the Maroons from liberating other enslaved people, the British granting them freedom on the condition that they stop freeing slaves and even return runaways. Historians portray the Maroons as either freedom fighters or collaborators, sometimes even both. I argue that both narratives were a part of Maroon history, but I want to introduce them as survivalists. My research's significance is that I am exploring how the Maroons transitioned from freedom fighters to collaborators through notions of cultural identity. This project ...

Distribution, Bars, And Arcade Stars: Joe Anthony’S Entrepreneurial Expansion In Houston’S Gay Media Industries, Finley Freibert

Faculty Scholarship

This article develops the concept of "gay useful media" to explore a case study of gay entrepreneurship in Houston, Texas, of the 1970s. A father and son developed a gay media empire in the city, which spanned bars, bookstores, distribution, and vending. One of the pair's key establishments was Houston's legendary gay bar Mary's at 1022 Westheimer (also known as Mary's Lounge, Mary's, Naturally, and Mary's…Naturally).

Divine Suppressors: Bigamy In The Eighteenth-Century Criminal Justice System, Luke Hs Horton

Armstrong Undergraduate Journal of History

The criminal justice system in eighteenth-century England was an integral part of European society. The legal system had always been associated with several facets of everyday life and touched upon the lives of those in every class of European society. One of England’s oldest and most significant courthouses was the Old Bailey, which held thousands of trials and sessions over the two hundred and forty years it was active. Out of the wide variety of cases to choose from, ten sexual offences revolving around bigamy were selected to present how the criminal justice system leaked into different areas of ...