Legal Commons^™

New York Oneida: Land Claims, Federal Policies, State Intervention, And Casino Development, Lee M. Hanover

Calvert Undergraduate Research Awards

This paper examined the relationship between Oneida land sovereignty and their self-determination in establishing the Turning Stone Casino. The paper reviewed general trends in Oneida history with the state of New York, focusing on federal policies aimed at American Indian communities, and the legal cases that the Oneida have brought against New York and the federal government. The study extrapolated that historic cases involving political, legal, and land sovereignty issues prepared them for the fight over their casino’s admittance on Oneida land. The paper then addressed the reoccurring battles with the state of New York over the legality and ...

"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

New Perspectives On European Women’S Legal History, Sara Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy Campbell

Timothy A Campbell

This Article examines the need to bridge the two fields of thought in fundamental rights jurisprudence. This Article argues two points. Broadly, an objective principle to determine fundamental rights is non-existent because rights by their nature are subjective. Hence, the Court must accept some subjectivity, but it needs to install guideposts to direct the judge’s discretion. The Court also needs to adopt a balanced approach that combines rationalism and traditionalism. They need to look at the purpose of the asserted right, the specificity of the asserted right, legal precedent, and history in formulating a balanced approach.

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Aziz Rana

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage ...

Lawyers And Sawyers: Venetian Forest Law And The Conquest Of Terraferma (1350-1476), Michael S. Beaudoin

Boise State University Theses and Dissertations

Throughout the fourteenth and fifteenth centuries, Venice played a direct role in shaping the future of Northeastern Italy. The standing scholarship views Venetian involvement on the mainland as either an abandonment of the city’s maritime tradition or as a buffer zone against rival powers, like Milan. Venice’s western mainland empire, Terraferma, provided Venice with many commercial products that the Eastern Mediterranean did not. One mainland product, timber, was a central focus of Venetian expansion into Terraferma and has thus far been neglected by historians. This thesis argues that the Venetian Republic manipulated mainland legal traditions in order to ...

The Enigma Of Samuel Parsons Scott, Timothy Kearley

Timothy G. Kearley

The Merger Of Two Systems: Chinese Adoption And Western Adaptation In The Formation Of Modern International Law, Kevin D. Herrick

Georgia Journal of International & Comparative Law

No abstract provided.

"The Garden Of Forking Paths": Islamic Legal Transformations In The Ottoman Empire During The Nineteenth Century, John Bugnacki

History Student Papers

In the popular imagination, misconceptions abound regarding islamic law. Many outside of the Islamic world believe that Islamic law consists of a discrete series of inviolable, unchanging commands. However, both in historical and contemporary contexts, this characterization is false. The different legal schools within Islamic law have evolved and changed over time in response to surrounding conditions and other legal traditions that have existed alongside it. In the Ottoman Empire this process was particularly evident and, during the nineteenth century, its main tradition of Islamic law underwent an unprecedented transformation that would seek to combine Islamic legal principles within statist ...

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

Guide To Ac026 - Records Of The Office Of The Secretary, Jona Whipple

Finding Aids

Records of the Office of the Secretary, 1899-1912

Elmer E. Barrett served as the secretary for the law school from c.1896, when it was known as the Law Department of Lake Forest University, to c. 1904. He was succeeded by Guy Guernsey.

Scope and Contents

Records in Series I and II document applications to the Chicago-Kent College of Law and student applications for degrees. These records consist of application forms and letters to school administrators, the bulk consisting of records from 1900. A third series includes several “credit cards” used by student Levi R. Albaugh (Class of 1914) to ...

Guide To Ac027 - Records Of The Center For Law And Computers, Jona Whipple

Finding Aids

Records of the Center for Law and Computers, 1984-1999

Records consist of conference materials, proceedings books, and materials used for instruction. Conference materials for the First Annual Personal Computing Strategies for Lawyers, held in 1985, are missing from the collection. The bulk of the collection consists of conference proceedings from various conferences held at Chicago-Kent or sponsored by Chicago-Kent; the Miscellaneous subseries includes materials from conferences including CLC faculty published materials, and materials from conferences hosted by Chicago-Kent with CLC’s participation. The collection also includes complete copies of large firm surveys from 1988-1995, with some incomplete material on surveys ...

Petition Of Prisoners In Worcester Jail To Extend The Prison Yard, September 8, 1784., Elijah Isaacson, George Shayer, Jacob Ellison, Henry Chase, Jonathan Willington, Daniel Novell, Asa Danforth, Matthew Knight

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

The prisoners ask that the prison yard at Worcester jail be extended to accomodate the increasing number of prisoners.

Book Review: Defending Battered Women On Trial, Rebecca M. Bromwich

Western Journal of Legal Studies

This is a book review of: Elizabeth A Sheehy, Defending Battered Women: Lessons from the Transcripts (Vancouver: UBC Press, 2014).

Michael F. Graham

No abstract provided.

New York Stock Exchange, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of the origins and early development of the New York Stock Exchange.

Ineffective Assistance Of Counsel Before Powell V. Alabama: Lessons From History For The Future Of The Right To Counsel, Sara Mayeux

Faculty Scholarship

The doctrinal literature on ineffective assistance of counsel typically begins with the 1932 Supreme Court case of Powell v. Alabama. This symposium contribution goes back farther, locating the IAC doctrine’s origins in a series of state cases from the 1880s through the 1920s. At common law, the traditional agency rule held that counsel incompetence was never grounds for a new trial. Between the 1880s and the 1920s, state appellate judges chipped away at that rule, developing a more flexible doctrine that allowed appellate courts to reverse criminal convictions in cases where, because of egregious attorney ineptitude, there was reason ...

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back ...

Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor

Sharon Hamby O'Connor

Exhibition program from a Spring 1998 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from Morris L. Cohen's collection of law books for children.

Guide To Ac025 - The Chicago-Kent Bulletin, Jona Whipple

Finding Aids

The Chicago-Kent Bulletin

The Chicago-Kent Bulletin was begun in June of 1916 by faculty member Edward J. Veasey, Jr. It was intended to be a monthly publication, described in the 1917 edition of The Transcript as “a medium whereby the events which transpire within the school, worthy of mention may come to light.” Issues of the Bulletin include sections describing the activities of each enrolled class and an alumni section. Issues include an editorial, poetry, humor, photos of faculty members, and cartoons.

The 1917 edition of The Transcript credits O.G. Young (’18) as business manager and editorial writer, O ...