Legal Commons^™

“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia, Lauren Miller

Undergraduate Honors Theses

The presence of Confederate symbols and other reminders of white institutional power in courtrooms introduces a risk that impermissible factors such as implicit bias, conscious prejudice, and sympathy for white supremacy will harm litigants’ rights. I compiled data for 210 of 328 courts (64%) in the Commonwealth and found that there are more than 617 portraits on display in Virginia courtrooms. At least 357 portraits depict white men, six depict Black men, fifteen depict white women, and twenty-eight depict people who served in the Confederacy, either in the government or the Confederate States Army (CSA). At least fourteen different courts …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

2nd Place Contest Entry: Student Governance During The Free Speech Movement, Philip Goodrich

Kevin and Tam Ross Undergraduate Research Prize

This is Philip Goodrich's submission for the 2022 Kevin and Tam Ross Undergraduate Research Prize, which won second place. It contains their essay on using library resources, their bibliography, and a summary of their research project on student governance during the free speech movement.

Philip is a fourth-year student at Chapman University, majoring in History and Political Science. Their faculty mentor is Dr. Alexander Bay.

Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd

Senior Honors Theses

The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …

Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk

Swarthmore Undergraduate History Journal

Hawai’ian property laws in the 19^th century, while intended to provide for the transition of the islands to a European mode of commerce and allow for greater prosperity, weakened the power of Native Hawai`ian subjects and ultimately contributed to European planter power and the eventual annexation of the islands. Prior to European contact, land in the Kingdom of Hawai`i was communally owned and not treated as a tradable commodity. However, forced to settle foreign debts, the Hawai’ian government instituted land reform intended to raise money and maintain Hawai’ian sovereignty. Given the constant threat of annexation by Western powers and …

Boston Discusses The Massacre, Jean C. O'Connor

The Montana English Journal

Teachers may use this chapter from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution as a short story for grades 7 – 12., to explore themes of interpersonal conflict, conflict resolution, and the value of law.

The chapter “Boston Discusses the Massacre” is taken from The Remarkable Cause: A Novel of James Lovell and the Crucible of the Revolution (Knox Press, 2020), and used with permission. James Lovell, teacher at the Boston Latin School, discusses the pivotal events of March 5, 1770. As the conflicts that become the American Revolution begin a group of …

A “Medieval” Myth For A “Modern” Empire Britain Under The Shadow Of Arthur (1461–1612), Julian Gonzalez De Leon Heiblum

Dissertations, Theses, and Capstone Projects

This dissertation studies the use of the Arthurian myth from the fifteenth through early seventeenth centuries, as a narrative that connected a set of political principles for the unification of Britain and its imperial expansion. Joining other competing political myths in the British archipelago, the political significance of the Arthurian myth has nevertheless been overlooked. On the one hand, the myth informed the transformations of kingship in England and Wales from the crowning of Edward IV to the early years of James’ English reign. It did so specifically within the process of institutionalizing a British crown which was intertwined with …

Original Intent: Brown Vs. Board Of Education, White Backlash, & The Enduring Power Of De Facto Segregation, Aaron Brand

Theses and Dissertations

This thesis examines the factors and outcomes surrounding Brown v. Board of Education of 1954. The events that predated it and the resistance that followed determined the chain of consequences from this perceived victory over racial bias. The calculated and persistent backlash against integration obscured Brown’s intent of educational opportunity.

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Flawed Judgment: The Prolonged Failure Of Handschu V. Special Services Division, 1971-2022, Henry A. Burby

Dissertations and Theses

This thesis explores Handschu v. Special Services Division, an ongoing federal class-action suit brought by New York activists in 1971 to challenge the NYPD's right to use covert tactics to monitor them and undermine their political projects. The Handschu plaintiffs originally hoped that the court would find the NYPD's covert activities unconstitutional and would intervene on behalf of all New Yorkers thus targeted. After the conservative Burger Court challenged the pro-activist decisions of the previous Warren Court, the plaintiffs abandoned their ambitious goals and settled with the defendants. The Handschu defendants easily sidelined this settlement in the wake of the …

From The End Of Politics To Legitimate Opposition: Political Perceptions Of The 37th Congress Of The United States In The North 1860-1862, Lauren Dubas

Honors Theses

This paper intends to explore the political landscape of the Union during the first two years of the Civil War, specifically how the people in the North perceived what remained of the Congress from 1860-1862. I will be using a combination of primary and secondary sources to cover the 37^th Congress of the United States, whose members were elected in 1860 and legislated until the next Congressional election in 1862. My research shows several significant stages in the political landscape during this period and uses these stages of partisan politics as the foundation for understanding how the federal government, …

A Delicate Balance: Us-China-Taiwan Relations Under The Nixon And Carter Administrations In The 1970s, Evan H. Matthews

Senior Projects Spring 2022

This project is guided by its research question of why and how the Nixon and Carter administrations decided to maintain unofficial relations with Taiwan, despite pursuing the normalization of relations with the People’s Republic of China. President Nixon and National Security Adviser Henry Kissinger struggled to answer this question and left it up to “historical evolutions.” The Carter administration believed in three fundamental principles, each spearheaded by different agents in the administration: (1) that the United States had a moral obligation not to jeopardize the future of the Taiwanese people, (2) that the United States must pursue normalization with the …

The Chosen One?: Reflections On Mid-Century Egyptian Nationalism, Gamal Abdel Nasser's Charismatic Leadership, And The Suez Crisis Of 1956, Owen P.S. Hobbs

Honors Theses

This thesis considers Gamal Abdel Nasser's 1956 nationalization of the Suez Canal and the subsequent Suez Crisis in the broader context of the histories of nationalism and charismatic leadership in a decolonial setting. Chapter one synthesizes the works of notable scholars into a cohesive historiography of nationalism's emergence in Egypt and Nasser's unique role within mid-century Egyptian society. Chapter two examines the direct causes of the Suez Crisis within the previously established context of nationalism and charismatic leadership, drawing new conclusions from memos, telegrams, and the Egyptian Government's 'White Paper on the Nationalization of the Suez Canal Maritime Company' -- …

The Worth Of The Black Disabled Body: An Excavation Of Black Disabled Legal History, Alyssa Mcleod

Undergraduate Research Awards

Slave law was overwhelmingly concerned with the state of individual bodies, from the earliest colonial iterations of race-based statutes through to the end of the antebellum era, becoming a key index in shaping the concept of race from that point forward. In this time, white legislators were trying to answer several burgeoning questions including: Are enslaved bodies inherently damaged, broken, criminal, or worthy of manumission? The answer, it seems, is that every enslaved person’s value was determined almost strictly on the value of their labor, and therefore, their ability to work (and thus, by implication, their value as salable property). …

Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp

All Faculty Scholarship

This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.

Grayscale Thoughts: Reactions To Brown V. Board Of Education, Haylee Orlowski

James Madison Undergraduate Research Journal (JMURJ)

The 1954 Supreme Court case Brown v. Board of Education established that the segregation of public schools based on race violated the Equal Protection Clause of the Fourteenth Amendment. Across the United States, there was a spectrum of reactions to Brown. Responses ranged from optimism and celebration to anger and violence. This paper surveys the varied reception of Brown from politicians, parents, teachers, journalists, and other parties. It acknowledges the grayscale of opinions within and across demographic lines. The purpose of this paper is to recognize the complexity of a critical moment in the civil rights movement to prevent …

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 since she …

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 to …

Our Representative On This Island: Local Belonging And Transnational Citizenship Among Syrian And Lebanese Cubans, 1880-1980, John T. Ermer Jr

FIU Electronic Theses and Dissertations

Émigrés from Ottoman Syria and Cuba who, beginning in the late-nineteenth century, traveled not unidirectionally, from one nation to another, but between and within multiethnic, polycentric empires. Tracing their history opens a route to better understanding global legal regimes of citizenship. Weaving government records from Cuba, France, and the United States with associational records and oral history interviews, this dissertation reveals how vernacular understandings of citizenship in Cuba and the Levant, based on locally derived conceptions of belonging, but over time contended with liberalizing legal reforms meant to redefine citizenship as a state-focused and legible status. As a mobile population …