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

Legal Commons

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

754 Full-Text Articles 442 Authors 219048 Downloads 98 Institutions

All Articles in Legal

Faceted Search

754 full-text articles. Page 1 of 17.

Clark County Civil Court Records, Archivists 2017 Ouachita Baptist University

Clark County Civil Court Records, Archivists

Guides and Finding Aids

Clark County was established in 1818, and therefore became one of the five counties in existence at the time the area became known as Arkansas Territory in 1819. Court was held in various places in those early days, such as the home of pioneer settler Jacob Barkman, west of the Caddo River, near what is now Caddo Valley. Later, a county seat was established at Greenville, which was located to the southwest along the Military Road (also known as the Southwest Trail). In 1842 Arkadelphia (previously known as Blakelytown) became the permanent location of the county seat.

These numbered files ...


Pierre Trudeau’S White Paper And The Struggle For Aboriginal Rights In Canada: An Analysis Of The Extent To Which The White Paper Was A Turning Point In The Struggle For Aboriginal Rights And Land Claims In Canada, Elisabetta A. Kerr 2017 University of Toronto

Pierre Trudeau’S White Paper And The Struggle For Aboriginal Rights In Canada: An Analysis Of The Extent To Which The White Paper Was A Turning Point In The Struggle For Aboriginal Rights And Land Claims In Canada, Elisabetta A. Kerr

The Great Lakes Journal of Undergraduate History

This paper contends that Pierre Trudeau’s 1969 “White Paper” on the status of Aboriginals in Canada was not a major turning point in improving the status of Aboriginals in Canada, but succeeded in inspiring activism and interest in the plight of Canada’s First Nations. The policy attempted to redefine the Canadian government’s relationship with its Aboriginal peoples, expressing the centrality of the government in Aboriginal affairs and reinforcing its obliviousness to the needs of Canada’s First Nations. The White Paper proposed to remove “Indian Status” for Aboriginals, and as a result was vehemently rejected. The effects ...


Book Review: Cohen, Adam. Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck. New York: Penguin Press, 2016., Dana Dawson 2017 American Public University System

Book Review: Cohen, Adam. Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck. New York: Penguin Press, 2016., Dana Dawson

Saber and Scroll

A review of Adam Cohen's Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck.


The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn 2017 Purdue University

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of ...


The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno 2017 The Graduate Center, City University of New York

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many ...


A House Of Cards: Free Banking In Antebellum Chicago, Miles J. Holtzman 2017 Ursinus College

A House Of Cards: Free Banking In Antebellum Chicago, Miles J. Holtzman

Business and Economics Summer Fellows

The Chicago free banking market of the antebellum period has more than once aroused the interest of historians and economists alike. Implemented in the state of Illinois in 1851, free banking was a common, though not universal occurrence in the United States at the time. The city of Chicago’s experience with free banking was anything but common, however. Within the first 18 months after the Illinois legislature enacted the Illinois Free Banking Law, 9 free banks had begun operation in Chicago and between them had an aggregate note issue of over $800,000. But by 1860, Chicago was home ...


Following The Spirit Of The Law: Col. Eberhard P. Deutsch And The Legal Division Of United States Forces Austria, 1945-1946, Peter J. Casey 2017 University of New Orleans

Following The Spirit Of The Law: Col. Eberhard P. Deutsch And The Legal Division Of United States Forces Austria, 1945-1946, Peter J. Casey

University of New Orleans Theses and Dissertations

As World War II neared its end in Europe, the Allied powers faced a difficult situation with the occupied nation of Austria. Considering the complicated Austrian relationship with Nazism, the Allies had to decide how the nation would be liberated, occupied, and rehabilitated. Almost instantaneously, the United States, Great Britain, and France became at odds with a vengeful Soviet Union seeking to build a defensive shield of Communist European client states that included Austria. This study will show that as the head of the American Legal Division, Col. Eberhard P. Deutsch, United States Army, was instrumental in the reformation of ...


The Nuremberg Trials As A Form Of Transitional Justice, Nicholas A. Richey 2017 California Polytechnic State University, San Luis Obispo

The Nuremberg Trials As A Form Of Transitional Justice, Nicholas A. Richey

History

No abstract provided.


The Trials Of Louis Benecke, David Alan Whitby 2017 Missouri State University - Springfield

The Trials Of Louis Benecke, David Alan Whitby

MSU Graduate Theses

The Civil War was the bloodiest war in American history, and the country felt its impact in many ways. One of those ways was in the expansion of the pension system. The scale of the war left thousands of wounded soldiers in need of care, and a government that recognized its duty to help. In this thesis, I examine the new pension laws that not only benefitted veterans, but also their dependents. Women and children were included within the laws of the ever changing and expanding pension system. This system was not just for white veterans, but also for African-American ...


Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller 2017 College of the Holy Cross

Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller

Political Science Student Scholarship

This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.


The Interconnection Between Law And Christianity In Medieval England, Maria Isabel Caplazi 2017 Clackamas High School

The Interconnection Between Law And Christianity In Medieval England, Maria Isabel Caplazi

Young Historians Conference

In England, the influence of Christian morals and beliefs grew rapidly during the medieval era. Religious beliefs were evident in literature, laws, as well as social hierarchy. The extent of religious influence on medieval English law is undeniable, however historians have yet to attain a full understanding of religious reach because of institutionalized relativism -- the concept that varying environments affect how social regulations are established in their area. This paper discusses two of the most prominent ways Christianity influenced medieval English law -- through direct influence on laws themselves as well as religious impact on the individual administrators of law -- while ...


Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme 2017 Gettysburg College

Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.

Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial presidency ...


The Origins Of The Universal Declaration Of Human Rights, James V. Spickard 2017 University of Redlands

The Origins Of The Universal Declaration Of Human Rights, James V. Spickard

Working Papers

Presents the history of the 1948 adoption of the Universal Declaration of Human Rights, focusing on the prior status of human rights in international law and the cultural/ideological aspects of the debates surrounding its adoption. This chapter shows both the Western origin of the core human rights concepts and the positive-law nature of the Universal Declaration. it also shows that the cultural issues were present from the very start of the modern human rights era.


Commentary: California Secessionists Channel Logic Of Southern Slaveholders, Allen C. Guelzo, James H. Hulme 2017 Gettysburg College

Commentary: California Secessionists Channel Logic Of Southern Slaveholders, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

'Thursday night the streets were filled with excited crowds. No one talks of anything but the necessity for prompt action. . . . It is hardly prudent for any man to express his opinion adverse to immediate secession, so heated are the public passions, so intolerant of restraint is the popular will."

You would probably assume that this report came from California in the wake of the 2016 election, right? After all, Alex Padilla, the California secretary of state, has now authorized the Yes California Independence Campaign to begin collecting signatures for a state referendum on California's secession from the United States ...


Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams 2017 Augustana College, Rock Island Illinois

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2017 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


The Origins Of The Chinese Communist Party’S Early Marriage Laws, Yuan Yuan 2017 Bard College

The Origins Of The Chinese Communist Party’S Early Marriage Laws, Yuan Yuan

Senior Projects Spring 2017

The First Chinese Marriage Law was a civil marriage law passed in the People's Republic of China on May 1, 1950. It was transformative because the Marriage Law was a radical change from existing patriarchal Chinese marriage traditions. It was also highly political because it sharply reflected ideologies about class struggle, land reform, Marx and Leninism, which were prevalent in the Chinese Revolution. The New Marriage Law with its revision of family relations did not happen in one night, but through a long process. According to Neil Jeffrey Diamant, in 1931, “Marriage Regulations” was promulgated in the party’s ...


Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron 2017 Claremont McKenna College

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences ...


How The Willowbrook Consent Decree Has Influenced Contemporary Advocacy Of Individuals With Disabilities, Kristen S. Addessi 2017 CUNY College of Staten Island

How The Willowbrook Consent Decree Has Influenced Contemporary Advocacy Of Individuals With Disabilities, Kristen S. Addessi

Student Theses

The existence of the Willowbrook State School was a culmination, of over a one-hundred-year history of Western society’s attempts to provide adequate care, and treatment for individuals with disabilities. The residents housed there, suffered violations of their human and civil rights in various forms of severe abuse, neglect, and violence. Following a three-year legal battle in 1975, as a result of the travesties that occurred, the legal doctrine known as the Willowbrook Consent Decree was written. The Consent Decree was implemented to ensure that the residents’ human and civil rights are met and protected. The Willowbrook State School and ...


Wabanki Access To Sweetgrass (Hierochloe Odorata) Within Coastal Maine's Diminishing Open Land Tradition, Amanda Marie Ellis 2016 University of Maine

Wabanki Access To Sweetgrass (Hierochloe Odorata) Within Coastal Maine's Diminishing Open Land Tradition, Amanda Marie Ellis

Electronic Theses and Dissertations

Nontimber forest products (NTFPs), refer to a class of resources (i.e. moss, fungi, mushrooms, plants, etc.) gathered in both rural and urban landscapes. NTFPs are utilized by a variety of cultures all over the world and are a critical part of medicinal, spiritual, dietary, and economic practices. In fact, some NTFP species are so critical to people that they are considered ‘cultural keystone species’ (Garibaldi and Turner 2004). This designation means that without access to the NTFP, cultural survival is at risk. This is the case in Maine where the Wabanaki, a confederacy of four tribes (Passamaqouddy, Penobscot, Mikmaq ...


Digital Commons powered by bepress