Legal Commons^™

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

Surveying Seattle Legal History: An Examination Of Judge Thomas Burke, Ashley Morrison

UCARE Research Products

In the United States judiciary system, judges are assumed to be unbiased in their legal decisions on cases. In many cases, unfortunately, this is rarely the reality. By examining Judge Thomas Burke specifically, a survey of Seattle's legal environment can be revealed. From Judge Burke's connections with the railroad industry and protection of Chinese laborers during anti-Chinese riots reveals his desire for economic gain. With Judge Burke only presiding over two habeas corpus cases, neither dealing with anti-Chinese riots or the legality of Chinese laborers, no concrete conclusion can be drawn in that regard. Even still, Judge Burke's continued support …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Destroying Churches By Performing Knowledge: Ibn Al-RifʿA’S Kitāb Al-Nafā’Is Fī Adillat Hadm Al-Kanā’Is (700/1301) And The Social Negotiation Of Legal Authority, Gowaart Van Den Bossche

Faculty & Staff Publications

In 700/1301 the Cairene scholar Najm al-Dīn Ibn al-Rifʿa wrote a short juridical treatise entitled Kitāb al-nafāʾis fī adillat hadm al-kanāʾis in which he argued for the destruction of all churches and synagogues in Cairo. Some chroniclers report that this text was used to legitimise popular attacks on and the destruction of churches, but shortly thereafter, Ibn al-Rifʿa’s opinion was declared invalid by a council of prominent jurists. In addition to its juridical arguments for church destruction, several statements found in the treatise suggest that it was meant to function as a challenge to the author’s peers. I argue that …

Rules, Tricks And Emancipation, Jessie Allen

Book Chapters

Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …

“I Do Not Feel I Am A Piece Of Property To Be Bought And Sold Irrespective Of My Wishes:” Athlete Activism And The Sociocultural Impact Of Curt Flood’S Lawsuit Against Major League Baseball, Luka Green

Pomona Senior Theses

In January 1970, St. Louis Cardinals outfielder Curt Flood filed a suit against MLB Commissioner Bowie Kuhn, protesting the Reserve Clause in Major League Baseball that did not allow players the right to negotiate contract terms with any team but their current one. In doing so, he cemented his status as a divisive figure in baseball, the media, and with the general public. One of the primary reasons for such an extreme reaction was Flood’s rhetoric surrounding the case, as he repeatedly invoked slavery and other forms of peonage when describing the working conditions of professional baseball players. This sparked …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde

Touro Law Review

No abstract provided.

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

One Man And One Wife? The Legal History Of Marriage In The Culture And Courts Of America, Tyler Speer

Williams Honors College, Honors Research Projects

For my honors thesis I will be writing on the legality and shifting attitudes of marriage throughout United States history. This thesis will explore three Supreme Court cases: Davis v. Beason (1890), Loving v. Virginia (1967), and Obergefell v. Hodges (2015), which explores polygamous, interracial, and homosexual marriages respectively. The full name of my thesis is "One Man and One Wife? The Legal History of Marriage in the Culture and Courts of America." The thesis will be upwards of fourty pages in length and will examine marriage from both historical and legal lenses and will be conducted through the History …

The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani

Faculty Scholarship at Penn Carey Law

This essay, written for a symposium on the life and legacy of Charles Reich, explores how Reich came to be interested in the field of poverty law and, specifically, the constitutional rights of welfare recipients. The essay emphasizes the influence of two older women in Reich’s life: Justine Wise Polier, the famous New York City family court judge and the mother of one of Reich’s childhood friends, and Elizabeth Wickenden, a contemporary of Polier’s who was a prominent voice in social welfare policymaking and a confidante of high-level federal social welfare administrators. Together, Polier and Wickenden helped educate Reich about …

Film Review: The Trial Of Ratko Mladić, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law

Saving Adele: A History Of The Portrait Of Adele Bloch-Bauer I, Ariel A. Furman

Quest

Individual Research Project

Research in progress for HIST 1302: United States History II

Faculty Mentor: Kyle Wilkison, Ph.D.

Nothing ruins an enriching intellectual experience quite like having it assigned. Consequently, Honors History 1302 students began by identifying their own passions and interests. They then chose topics of immediate and abiding personal interest and produced research projects that reflected that energy and commitment. Their research probed a marvelous variety of historical topics from culture, medicine, science, politics, and economics. They researched and wrote about anti-fascist American comic books during World War II, disturbing historic treatments for the mentally ill, advances in …

Making Discrimination Legal: A Comparison Of The Penal Laws In Ireland And The Nuremberg Laws And Other Laws In Nazi Germany, Gage Overton

Honors College Theses

The Penal Laws and the Nuremberg Laws were sets of legal codes which stripped away basic rights and civil liberties from Irish Catholics in the seventeenth and eighteenth century and German Jews in the 1930s and 1940s respectively. My research into these laws has allowed me to discover that the methods used by the English Crown and the Nazi German state to separate the groups targeted by their laws, as well as the circumstances which led to their implementation, were eerily similar, nearly identical. Besides this, they ultimately used this strategy as a way to justify the elimination of the …

The Crucible Of History:How Apology And Reconciliation Created Modern Conceptions Of The Salem Witch Trials, Heaven Umbrell

Electronic Theses and Dissertations

For centuries, historians, authors, and amateur enthusiasts alike have been mesmerized by the Salem witch trials. Most of the literature focuses on the trials themselves and takes one of three approaches: anthropological; sociological; or conspiratorial. Recently Gretchen Adams, professor of history at Texas Tech University, approached the trials differently, focusing on memory. She narrowed on how the “specters of Salem” loomed over American cultural and public memory. Apart from Adams, little scholarly inquiry has focused on the aftermath of the trials, especially how it affected the people directly involved. This thesis will expand the historiography of the Salem witch hunt …

Divorce And Family Life In Nineteenth-Century Vanderburgh County, Megan Owens

Grand Valley Journal of History

In the nineteenth century, private family life was meant to mimic the ideal republican society, providing the necessary foundation for future patriotic citizens. When families failed to adhere to the idealistic notions of the private sphere and descended into conflict or divorce, however, the very foundation of American society was in danger. An analysis of divorce and family disputes in local contexts like Vanderburgh County can provide a window into the realities of private conflict within American families, especially in comparison to wider national trends.

This paper uses a small sample of divorce records from Vanderburgh County in Indiana to …

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …