Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, 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
Department of History: Dissertations, Theses, and Student Research
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 most …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, 2011 1877
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Akron Law Faculty 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 of their own …
Law, History, And Feminism, 2011 1877
Law, History, And Feminism, Tracy A. Thomas
Akron Law Faculty 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 past two …
Law, History, And Feminism, 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 past two …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, 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 of their own …
The Prehistory Of Fair Use, 2011 Emory University School of Law
The Prehistory Of Fair Use, Matthew Sag
Faculty Articles
This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.
Specifically, Part II explores the foundation for the …
New Professional Opportunities For Women: Nursing, Teaching, Clerical, 2011 DePaul University
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
No abstract provided.
Concepts Of Intellectual Property In The Roman Tradition, 2011 San Jose State University
Concepts Of Intellectual Property In The Roman Tradition, Erin Guldiken, Marianina Demetri 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: First we …
A Propósito Del Giro Historiográfico En Derecho Internacional, 2011 Visiting Global Governance, Law and Social Thought Fellow, The Watson Institute of International Studies, Brown University
A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral
Ignacio de la Rasilla del Moral, Ph.D.
Illiteracy rate in Spain at the turn of the 20th century was of 63.8% and 16.000 students - out of a total Spanish population of 18.6 million - attended the 10 existing Spanish universities. 2.000 university titles were accorded, half of which in Law in 1900, and 200 students obtained their doctorates by the Central University of Madrid which held the academic monopoly of doctoral studies at the time. In 1902, the Bulletin of the Institution of Free Teaching published a chronicle signed by Aniceto Sela y Sampil on the didactic methods he employed to teach Public and Private International …
Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, 2011 Boston University
Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. 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 …
0790: Gil Kleinknecht Collection, 1899-1973, 2011 Marshall University
0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections
Guides to Manuscript Collections
This collection includes materials from Gil Kleinknecht’s personal collection of historic West Virginia and Ohio materials related to police work. The collection also includes Huntington Police Department annual reports, relevant laws and codes, manuals,, and artifacts related to the work of policing in Huntington, West Virginia and the surrounding areas.
To view materials from this collection that are digitized and available online, search the Gil Kleinknecht Papers, 1899-1973 here.
Fashion And Self-Fashioning: Clothing Regulation In Renaissance Europe, 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 …
Two Cheers, Not Three For Sixth Amendment Originalism, 2011 University of Pennsylvania Carey Law School
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Chitto Harjo (Wilson Jones, Crazy Snake) 1846-1912 Creek Leader, 2011 CUNY Lehman College
Chitto Harjo (Wilson Jones, Crazy Snake) 1846-1912 Creek Leader, Janet Butler Munch
Publications and Research
Chitto Harjo (1846-1912) was a leader of the Crazy Snakes, a traditionalist faction of the Creek Indians. He opposed federal incursions on reservation land, Indian lifestyles and governance structures; and fought against Allotment (individual distribution) of communal tribal lands and the loss of Creek sovereignty.
The House That "Equality" Built: The Asian American Movement And The Legacy Of Community Action, 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 …
Feminist Movements In Europe, 2010 DePaul University
Local History From 8000 Miles Away: Early Colac Court Records In The United States, 2010 University of Pennsylvania
Local History From 8000 Miles Away: Early Colac Court Records In The United States, Arthur Fraas
Arthur Mitchell Fraas
This article examines a volume of Colac court records from the mid-nineteenth century now held in the United States. It details the contents of the volume with an eye towards the nature of local justice in early Victoria and the ways in which legal records can provide a window into the past. In addition, the article calls attention to the increasingly global nature of local history studies. In sharing the story of this trans-oceanic ‘discovery’ and its subsequent digitisation, it provides a possible model for future directions in archival research.
New Professional Opportunities For Women: Nursing, Teaching, Clerical, 2010 DePaul University
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
Sara L Kimble
No abstract provided.
Card Check Labor Certification: Lessons From New York, 2010 CUNY Hunter College
Card Check Labor Certification: Lessons From New York, William A. Herbert
William A. Herbert
During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …
Shakespeare's Place In Law-And-Literature, 2010 Huntingdon College; Faulkner University; Supreme Court of Alabama
Shakespeare's Place In Law-And-Literature, Allen P. Mendenhall
Allen Mendenhall
Nearly every Anglo-American law school offers a course called Law-and-Literature. Nearly all of these courses assign one or more readings from Shakespeare’s oeuvre. Why study Shakespeare in law school? That is the question at the heart of these courses. Some law professors answer the question in terms of cultivating moral sensitivity, fine-tuning close-reading skills, or practicing interpretive strategies on literary rather than legal texts. Most of these professors insist on an illuminating nexus between two supposedly autonomous disciplines. The history of how Shakespeare became part of the legal canon is more complicated than these often defensive, syllabus-justifying declarations allow. This …