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

Legal Commons

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

1,029 Full-Text Articles 635 Authors 633,059 Downloads 135 Institutions

All Articles in Legal

Faceted Search

1,029 full-text articles. Page 4 of 26.

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb 2021 College of the Holy Cross

Anti-Anarchist Legislation And The Road To The 1919 Red Hysteria, Evan Crumb

College Honors Program

In my thesis, I connect anti-anarchist legislation from the early 1900s with the excesses of the 1919 Red Scare. I tie the actions of anarchist leaders Emma Goldman and Alexander Berkman to legislative responses, which were then weaponized after the hysteria of the Russian Revolution culminating in the deportations of 249 Russian “radicals” on the Soviet Ark. I find that the Supreme Court’s legal interpretation of the 1903 Immigration Act’s anti-anarchist provision in Turner v. Williams (1904), and the 1902 Criminal Anarchy Act in Gitlow v. New York (1925) were rational—understandable—within their legal and social context.

My legal history bridges …


Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman 2021 Western Kentucky University

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to …


Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine 2021 Western Kentucky University

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may …


“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack 2021 Wofford College

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.


Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki 2021 Middlebury College

Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki

Swarthmore Undergraduate History Journal

Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …


Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad 2021 American University in Cairo

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …


Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb 2021 Rochester Institute of Technology

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …


Anti-Semitism In France: How The Post-Holocaust Era Informs French Attitudes Today, Alyssa Chesek 2021 Misericordia University

Anti-Semitism In France: How The Post-Holocaust Era Informs French Attitudes Today, Alyssa Chesek

Student Research Poster Presentations 2021

Following the end of the Holocaust, approximately 160,000 native Jews and 20,000 displaced Jews arrived in France. France, which operated under the Vichy government during World War II, was a Nazi puppet regime complicit in the persecution of its Jewish population. When Vichy fell in 1944, the recently instated Provisional Government of the French Republic became responsible for Jewish restitution and reintegration services. However, the new government refused to recognize a Jewish problem; this denial resulted in inadequate services and protections for the Jewish population. Without providing Jews with proper legal protections, the French government created an environment which may …


The Ethics Of Aerial Bombardment In International Conflicts: From Douhet To Drones, Rauan Zhaksybergen 2021 West Virginia University

The Ethics Of Aerial Bombardment In International Conflicts: From Douhet To Drones, Rauan Zhaksybergen

Graduate Theses, Dissertations, and Problem Reports

In this thesis, I demonstrate how the question of ethics in aerial bombardment has been evolving and transforming since its inception at the beginning of the twentieth century to contemporary targeted killings/assassinations by drones. I interact with early airpower theories from Douhet, Trenchard, Mitchell, and contemporary air tactics in order to establish a crucial sequence between these early theories and practices of aerial violence and modern ones conducted by armed drones. I show how the evolution of aerial bombardment challenged, influenced, and transformed essentials of conventional warfare, as well as dispersed boundaries between combatants and non-combatants. Contemporary legally uncontrolled targeted …


The Road To Self-Support: Vocational Rehabilitation And The Associational State, 1917-1945, William Jared Norwood 2021 University of Montana

The Road To Self-Support: Vocational Rehabilitation And The Associational State, 1917-1945, William Jared Norwood

Graduate Student Theses, Dissertations, & Professional Papers

“The Road to Self-Support: Vocational Rehabilitation and the Associational State, 1917-1945” traces the origins and development of the Civilian Vocational Rehabilitation (CVR) program from its inception in 1920 until the conclusion of the Second World War. Rapid industrialization and the fallout of the First World War handed the nation a large amount of people with disabilities, which drew on already strained state and local welfare relief. The project examines the interwar period and finds it to be a battleground of differing governing strategies over how best to solve America’s growing level of disabled workers. The project argues that policymakers settled …


Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby 2021 University of New Hampshire, Durham

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.


The Jamaican Maroons Of The 17th And 18th Centuries: Survivalists Of The New World, Lance J. Parker Jr 2021 CUNY City College

The Jamaican Maroons Of The 17th And 18th Centuries: Survivalists Of The New World, Lance J. Parker Jr

Dissertations and Theses

The Jamaican Maroons, in the beginning, served as fugitive slaves avoiding captivity and liberating other enslaved people. To stop the Maroons from liberating other enslaved people, the British granting them freedom on the condition that they stop freeing slaves and even return runaways. Historians portray the Maroons as either freedom fighters or collaborators, sometimes even both. I argue that both narratives were a part of Maroon history, but I want to introduce them as survivalists. My research's significance is that I am exploring how the Maroons transitioned from freedom fighters to collaborators through notions of cultural identity. This project aims …


Distribution, Bars, And Arcade Stars: Joe Anthony’S Entrepreneurial Expansion In Houston’S Gay Media Industries, Finley Freibert 2021 University of Louisville

Distribution, Bars, And Arcade Stars: Joe Anthony’S Entrepreneurial Expansion In Houston’S Gay Media Industries, Finley Freibert

Faculty Scholarship

This article develops the concept of "gay useful media" to explore a case study of gay entrepreneurship in Houston, Texas, of the 1970s. A father and son developed a gay media empire in the city, which spanned bars, bookstores, distribution, and vending. One of the pair's key establishments was Houston's legendary gay bar Mary's at 1022 Westheimer (also known as Mary's Lounge, Mary's, Naturally, and Mary's…Naturally).


Divine Suppressors: Bigamy In The Eighteenth-Century Criminal Justice System, Luke HS Horton 2020 Trent University

Divine Suppressors: Bigamy In The Eighteenth-Century Criminal Justice System, Luke Hs Horton

Armstrong Undergraduate Journal of History

The criminal justice system in eighteenth-century England was an integral part of European society. The legal system had always been associated with several facets of everyday life and touched upon the lives of those in every class of European society. One of England’s oldest and most significant courthouses was the Old Bailey, which held thousands of trials and sessions over the two hundred and forty years it was active. Out of the wide variety of cases to choose from, ten sexual offences revolving around bigamy were selected to present how the criminal justice system leaked into different areas of life. …


Defining Genocide In Northwestern California: The Devastation Of Humboldt And Del Norte County’S Indigenous Peoples, Gavin W. Rowley 2020 Humboldt State University

Defining Genocide In Northwestern California: The Devastation Of Humboldt And Del Norte County’S Indigenous Peoples, Gavin W. Rowley

Humboldt Journal of Social Relations

In recent years, historians and the American public have increasingly debated whether or not the crimes that have been committed against Native Americans in the United States constitute genocide. Although the Humboldt and Del Norte region was conquered by Euro-Americans later than the rest of the US, genocidal crimes were prevalent within the counties of Humboldt and Del Norte in Northwestern California. The genocide committed against the Indigenous Peoples there were carried out by vigilante groups with the support of the California state government as well as the US federal government. I argue not only that genocide, as defined by …


Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber 2020 Rochester Institute of Technology

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …


“The New American Woman”: The Legal And Political Career Of Clara Shortridge Foltz, Marissa Swope 2020 Liberty University

“The New American Woman”: The Legal And Political Career Of Clara Shortridge Foltz, Marissa Swope

Bound Away: The Liberty Journal of History

This article analyzes the life and career of Clara Shortridge Foltz, a California attorney and suffragist of the latter decades of the 19th Century and the early 20th Century who was an early developer of the concept of the public defender, leaving an important legacy in the advancement of women's rights.


Orange Riots, Party Processions Acts, And The Control Of Public Space In Ireland And British North America, 1796-1851, Annie E. Tock 2020 University of Maine

Orange Riots, Party Processions Acts, And The Control Of Public Space In Ireland And British North America, 1796-1851, Annie E. Tock

Electronic Theses and Dissertations

This dissertation explores the state’s effort to control public space by passing legislation to suppress Orange Order processions in Ireland and British North America between 1814 and 1851. By the early nineteenth century, annual July Twelfth parades commemorating William III’s victory at the Battle of the Boyne in 1690 became occasions for violent sectarian clashes in the streets of Ireland, New Brunswick, and Canada as celebratory Protestant Orangemen clashed with resentful Catholic opponents. In 1832 the British Parliament sought to put an end to these riots by passing the Party Processions Act, which prohibited Orange processions in Ireland. The Legislative …


De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn 2020 Liberty University

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …


Burr: An American Conspiracy, Kathleen J. Brett 2020 James Madison University

Burr: An American Conspiracy, Kathleen J. Brett

MAD-RUSH Undergraduate Research Conference

Former vice president and political figure Aaron Burr was one of the most ambitious and controversial Americans of the early 18th century. After killing Alexander Hamilton in a duel, plotted against the United States in order to create his own country. This plot became known as the Burr Conspiracy. Within this conspiracy, Burr consulted not only the Spanish for support, but America’s rival, England. Burr’s detailed scheming against his own country served as enough to arrest him under the charge of “high treason.” The trial proved to be crucial in American history, as the definition of “high treason” was …


Digital Commons powered by bepress