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‘Unkle Sommerset's’ Freedom: Liberty In England For Black Sailors, Charles R. Foy 2011 Eastern Illinois University

‘Unkle Sommerset's’ Freedom: Liberty In England For Black Sailors, Charles R. Foy

Faculty Research & Creative Activity

With his 1772 decree in Somerset v. Steuart that slavery was ‘so odious that nothing can be suffered to support it [in England] but positive law’, Lord Mansfield altered the legal landscape regarding black rights in England. While earlier judicial decisions had implied that slaves who came to England were free, prior to the Somerset decision there was no judicial consensus on the issue. The Somerset decision did not decree that slavery was illegal in England. Yet many blacks believed it ‘emancipated’ any slave who reached the shores of England. This understanding, combined with the British military welcoming runaways into ...


Hechiceras E Inquisidores: The Relative Lack Of Severity Of Witchcraft Prosecution Among Spanish Imperial Territories, Jeffrey Michael Mastrianni 2011 University of Connecticut - Storrs

Hechiceras E Inquisidores: The Relative Lack Of Severity Of Witchcraft Prosecution Among Spanish Imperial Territories, Jeffrey Michael Mastrianni

Honors Scholar Theses

This paper examines the social, cultural, political, and judiciary motivations behind the prosecution of witchcraft in the Spanish Empire between the years of 1492 and 1643. Included as background material are introductions to witchcraft, the history of the Empire, and the behaviors of the Spanish Inquisition. The paper attempts to illustrate the fact that witchcraft prosecution was neither severe nor overly violent in the Empire, and that each of the four major regions of the Empire (Spain proper, the Netherlands, Italy, and the Viceroyalty of Mexico) witnessed a steady and early decline of witchcraft prosecutions, albeit for different reasons. It ...


The Michael H. Hoeflich Collection Of Roman Law Books - Spring 2011: An Illustrated Guide To The Exhibit, Karen S. Beck 2011 Boston College Law School

The Michael H. Hoeflich Collection Of Roman Law Books - Spring 2011: An Illustrated Guide To The Exhibit, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2011 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibition featured books on the subject of Roman law donated to the Boston College Law Library by Michael H. Hoeflich. This exhibit was the first of two on this topic.


Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski 2011 University of Nebraska- Lincoln

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Dissertations, Theses, & Student Research, Department of History

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the ...


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas 2011 1877

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation ...


Law, History, And Feminism, Tracy A. Thomas 2011 1877

Law, History, And Feminism, Tracy A. Thomas

Akron Law Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history.

The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the ...


Law, History, And Feminism, Tracy A. Thomas 2011 1877

Law, History, And Feminism, Tracy A. Thomas

Tracy A. Thomas

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the ...


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas 2011 1877

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Tracy A. Thomas

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation ...


New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble 2011 DePaul University

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School for New Learning Faculty Publications

No abstract provided.


With Sleep Comes A Fusion Of Worlds: The Seven Sleepers Of Ephesus Through Formation And Transformation, Gwendolyn Collaco 2011 Vassar College

With Sleep Comes A Fusion Of Worlds: The Seven Sleepers Of Ephesus Through Formation And Transformation, Gwendolyn Collaco

Senior Capstone Projects

No abstract provided.


Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas 2011 University of Pennsylvania

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

Faculty Scholarship

No abstract provided.


Fashion And Self-Fashioning: Clothing Regulation In Renaissance Europe, Kayla Arnold 2011 University of Puget Sound

Fashion And Self-Fashioning: Clothing Regulation In Renaissance Europe, Kayla Arnold

Summer Research

The advent of true fashion in Italy during the 1350s introduced a new system of values to a society whose members were becoming increasingly concerned with self-presentation. The new social and economic changes that arose during the Renaissance began challenging existing social hierarchies and forced groups to display their status through their apparel and be able to recognize other groups through theirs as well. As a result, during the Renaissance the regulation of clothing became a way for city officials to define different social, religious and gender groups as well as maintain the boundaries between them. This paper analyzes sources ...


Anglo-Indian Legal History, Arthur Fraas 2010 University of Pennsylvania

Anglo-Indian Legal History, Arthur Fraas

Arthur Mitchell Fraas

Online resource for those interested in the legal history of British India. This site includes a bibliography of all known printed trial accounts from India up to 1900 as well as an annotated index to the first 50 Privy Council appeals from South Asia.


The House That "Equality" Built: The Asian American Movement And The Legacy Of Community Action, Karen Tani 2010 Berkeley Law

The House That "Equality" Built: The Asian American Movement And The Legacy Of Community Action, Karen Tani

Karen M Tani

"President Lyndon Baines Johnson liked to quote the prophet Isaiah. 'Come, let us reason together,' Johnson sometimes said (assuming the voice of God) as he prepared to exercise his famous powers of persuasion. But Johnson was no literalist. Jesus told his disciples that the poor would be 'with you always.' Johnson and the other architects of the Great Society disagreed. Convinced that privation had no place in modern America, they confidently launched the concatenation of federal initiatives known as the War on Poverty. That war is now over; the poor, as predicted, remain. Yet the battle mattered--not because it was ...


Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt 2010 University of Tennessee College of Law

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt

Robert C. Blitt

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs. The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening ...


Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David Kopel, Gary Lawson 2010 Boston University

Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David Kopel, Gary Lawson

David B Kopel

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew Koppelman concludes that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is constitutionally authorized as a law "necessary and proper for carrying into Execution" other aspects of the PPACA. However, the Necessary and Proper Clause rather plainly does not authorize the individual mandate. The Necessary and Proper Clause incorporates basic norms drawn from eighteenth-century agency law, administrative law, and corporate law. From agency law, the clause embodies the venerable doctrine of principals and incidents: a law enacted under the clause must ...


Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt 2010 University of Tennessee College of Law

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt

Robert C. Blitt

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation. In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing the Church ...


Feminist Movements In Europe, Sara Kimble 2010 DePaul University

Feminist Movements In Europe, Sara Kimble

Sara L Kimble

No abstract provided.


Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt 2010 University of Tennessee College of Law

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt

Robert C. Blitt

This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — motivated in part by the desire to end years ...


Concepts Of Intellectual Property In The Roman Tradition, Erin Guldiken, Marianina Olcott 2010 San Jose State University

Concepts Of Intellectual Property In The Roman Tradition, Erin Guldiken, Marianina Olcott

Dr. Marianina Olcott and Erin Guldiken

The current study concerns concepts of intellectual property in the Roman tradition first century BCE through forth century CE. It complements a previous study published in the Journal of the Copyright Society of the USA (Summer 2002, vol.49, No.4) which dealt with ancient Athenian concepts of intellectual property. The current study as in the earlier study of the Athenian tradition shows that ancient concepts of intellectual property are remarkably similar to modern concepts, as embodied in American case law (Title 17) and guidelines on plagiarism formulated by the modern academic establishment. Our plan of investigation is as follows ...


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