Open Access. Powered by Scholars. Published by Universities.®

Legal Commons

Open Access. Powered by Scholars. Published by Universities.®

949 Full-Text Articles 549 Authors 303,021 Downloads 117 Institutions

All Articles in Legal

Faceted Search

949 full-text articles. Page 1 of 22.

Terra Nullius And The Svalbard Question: Exploring An Anomaly In International Law, Luke H. Campopiano 2020 College of William and Mary

Terra Nullius And The Svalbard Question: Exploring An Anomaly In International Law, Luke H. Campopiano

Undergraduate Honors Theses

This honors thesis explores the usage of terra nullius in the context of the negotiations concerning sovereignty over the Arctic archipelago of Svalbard. Previous scholarship has emphasized the Svalbard Commission’s solution of Norwegian sovereignty, while largely ignoring the many intriguing suggestions at the time for divided or limited sovereignty in the archipelago. Intimately linked to these legal roads-not-taken is terra nullius, a Latin legal term that means “no man’s land.” This thesis will focus on the differing uses of terra nullius by legal scholars, diplomats, explorers, scientists, and corporate lobbyists with the aim of providing a comprehensive understanding ...


In The Cathedral Of The Devil: Young Witches Of Navarre, 1608-1614, Olivia Louise Vande Woude 2020 College of William & Mary

In The Cathedral Of The Devil: Young Witches Of Navarre, 1608-1614, Olivia Louise Vande Woude

Undergraduate Honors Theses

A witch-hunt in Spain's northern kingdom of Navarre that occurred between 1608 and 1612, and which was overseen by the Spanish Inquisition, was one of the most famous witch persecutions in European history. In the early nineteenth century, Napoleon's troops burned down the inquisition tribunal that handled this witch persecution, and modern scholars consequently believed that the witches' voices were lost to history. Those scholars did not realize that a number of the witches' statements survived Napoleon and are currently held in Madrid's National Historical Archive. The witches' declarations were made not only by adult men and ...


That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick 2020 Fordham University

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


Surveying Seattle Legal History: An Examination Of Judge Thomas Burke, Ashley Morrison 2020 University of Nebraska - Lincoln

Surveying Seattle Legal History: An Examination Of Judge Thomas Burke, Ashley Morrison

UCARE Research Products

In the United States judiciary system, judges are assumed to be unbiased in their legal decisions on cases. In many cases, unfortunately, this is rarely the reality. By examining Judge Thomas Burke specifically, a survey of Seattle's legal environment can be revealed. From Judge Burke's connections with the railroad industry and protection of Chinese laborers during anti-Chinese riots reveals his desire for economic gain. With Judge Burke only presiding over two habeas corpus cases, neither dealing with anti-Chinese riots or the legality of Chinese laborers, no concrete conclusion can be drawn in that regard. Even still, Judge Burke ...


Sentiment Analysis Of William Cranch's Petitions For Freedom Court Reports Using Python And Vader., Anna Krause 2020 University of Nebraska - Lincoln

Sentiment Analysis Of William Cranch's Petitions For Freedom Court Reports Using Python And Vader., Anna Krause

UCARE Research Products

Text analysis from William Cranch's court reports on the 19th Century African American Petitions for Freedom. Cranch provided selected court reports and their full title, date, and document text was imported to a csv file. This data was then analyzed using Python and its multiple software libraries to clean and prepare the text. The VADER(Valence Aware Dictionary and sEntiment Reasoner) package was utilized to give a sentiment score to each body of text, then was compared and visualized with the entire corpus. Results showed that most court reports carried a high rate of positive sentiment.


Standing Bear And The Ponca: A Forgotten Legacy, Chace Hutchison 2020 University of North Georgia

Standing Bear And The Ponca: A Forgotten Legacy, Chace Hutchison

International Social Science Review

This paper aims to heighten the general public’s awareness of the major American event that was the landmark case, Standing Bear v. Crook. The Ponca tribe’s and Standing Bear’s positive reputation of peaceful assimilation into white culture allowed for the court case to take place. Neither the ensuing verdicts would have been granted to other tribes such as the Sioux or Cheyenne. Standing Bear and his lawyers argued the case with different strategies. Standing Bear presented an emotional appeal, while his lawyers concentrated on the legalities of the case. While both arguments had the same end goal ...


A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph van der Naald 2020 CUNY Hunter College

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student ...


Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber 2020 Rochester Institute of Technology

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.


Film Review: The Trial Of Ratko Mladić, Iva Vukušić 2019 Utrecht University, Department of History and Art History

Film Review: The Trial Of Ratko Mladić, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.


Introduction, Loretta Price 2019 University of Tennessee College of Law

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law


The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong 2019 University of Pittsburgh

The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This article analyzes two books that utilize the construct of “The Muslim Woman” as a symbol for public consumption across a global and conceptual scale: Saba Mahmood’s book, 'Politics of Piety', and Malala Yousafzai’s and Christina Lamb’s 'I am Malala'. The motivation behind the analysis is to situate the texts within debates on essentialism within accounts of Muslim women. While essentialism and the critique of it in such discussions are not a novelty, the books demonstrate a physical manifestation of essentialism and a reductionist reaction toward this brand of essentialism. Through analysis of the content, poetics, and ...


Saving Adele: A History Of The Portrait Of Adele Bloch-Bauer I, Ariel A. Furman 2019 Collin College

Saving Adele: A History Of The Portrait Of Adele Bloch-Bauer I, Ariel A. Furman

Quest

Individual Research Project

Research in progress for HIST 1302: United States History II

Faculty Mentor: Kyle Wilkison, Ph.D.

Nothing ruins an enriching intellectual experience quite like having it assigned. Consequently, Honors History 1302 students began by identifying their own passions and interests. They then chose topics of immediate and abiding personal interest and produced research projects that reflected that energy and commitment. Their research probed a marvelous variety of historical topics from culture, medicine, science, politics, and economics. They researched and wrote about anti-fascist American comic books during World War II, disturbing historic treatments for the mentally ill, advances ...


Making Discrimination Legal: A Comparison Of The Penal Laws In Ireland And The Nuremberg Laws And Other Laws In Nazi Germany, Gage Overton 2019 Murray State University

Making Discrimination Legal: A Comparison Of The Penal Laws In Ireland And The Nuremberg Laws And Other Laws In Nazi Germany, Gage Overton

Honors College Theses

The Penal Laws and the Nuremberg Laws were sets of legal codes which stripped away basic rights and civil liberties from Irish Catholics in the seventeenth and eighteenth century and German Jews in the 1930s and 1940s respectively. My research into these laws has allowed me to discover that the methods used by the English Crown and the Nazi German state to separate the groups targeted by their laws, as well as the circumstances which led to their implementation, were eerily similar, nearly identical. Besides this, they ultimately used this strategy as a way to justify the elimination of the ...


New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri 2019 Institute for Middle East Studies, Canada

New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This study examines the prolonged Palestinian division. Its essential focus is to explore the various stages that the Palestinian political system has gone through and track its development from the British mandate up to the ongoing division between Fatah and Hamas. It aims to uncover the roles of regional and foreign actors which have destabilized the Palestinian national movement. Moreover, it demonstrates the role of the United Kingdom and Israel in inciting the divide and conquer principle during the British mandate, as well as the way the Palestine Liberation Organisation managed to maintain national unity from the 1960s. Finally, this ...


Divorce And Family Life In Nineteenth-Century Vanderburgh County, Megan Owens 2019 University of Evansville

Divorce And Family Life In Nineteenth-Century Vanderburgh County, Megan Owens

Grand Valley Journal of History

In the nineteenth century, private family life was meant to mimic the ideal republican society, providing the necessary foundation for future patriotic citizens. When families failed to adhere to the idealistic notions of the private sphere and descended into conflict or divorce, however, the very foundation of American society was in danger. An analysis of divorce and family disputes in local contexts like Vanderburgh County can provide a window into the realities of private conflict within American families, especially in comparison to wider national trends.

This paper uses a small sample of divorce records from Vanderburgh County in Indiana to ...


The Amish Beard Cutting Case: A Defense Lawyer’S Perspective, Edward Bryan 2019 The University of Akron

The Amish Beard Cutting Case: A Defense Lawyer’S Perspective, Edward Bryan

Journal of Amish and Plain Anabaptist Studies

An assistant federal public defender who represent Sam Mullet from the Bergholz, Ohio, Amish community shares about the case.


A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris 2019 Allard School of Law at the University of British Columbia

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city should pay ...


Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School of Law, Lorraine Lalli, Bre'Anna Metts-Nixon, Michael M. Bowden 2019 Roger Williams University School of Law

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe 2019 Western Michigan University

Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe

The Hilltop Review

This paper examines the perception and usage of Magna Carta in interregnum England. The central question is whether or not Oliver Cromwell ever referred to this royal document as the "Magna Farta." While one of the most common posthumous charges against him was a disdain for Magna Carta and English rights, accounts of his calling it a "Magna Farta" are questionable. The ways in which the Magna Carta was actually used under Cromwell rather seems to indicate a different opinion. Essentially, this paper compares royalist propaganda with the Commonwealth's accounts.


Land Tenure In Acadian Agricultural Settlements, 1604-1755: Cultural Retention And The Emergence Of Custom, Carol A. Blasi 2019 University of Maine

Land Tenure In Acadian Agricultural Settlements, 1604-1755: Cultural Retention And The Emergence Of Custom, Carol A. Blasi

Electronic Theses and Dissertations

Starting in 1755, the British began the process of not only expelling some eleven thousand Acadians from their homes and farms, but also of uprooting a culture that had survived for over one hundred and twenty years. This dissertation applies a legal historical approach to elucidate a crucial feature of that culture, namely Acadian land tenure. In particular, it traces the way in which seigneurialism, and the French law supporting it, were central to property formation in Acadian agricultural settlements from their inception to their destruction in 1755.

Scholars have been at best ambivalent, and at worst hostile to the ...


Digital Commons powered by bepress