Legal Commons^™

Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson

Media Collection

No abstract provided.

Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright

Media Collection

No abstract provided.

Instituting Protest (Film), Joshua Eisenberg

Theses and Dissertations

The road-trip story of one man looking at how first and fourteenth amendment rights have effected college campuses over time in the United States, while also looking at the possibility of revoking a diploma from a white nationalist for having different views than ones preferential to a certain college.

Candidate Forum: County Clerk, Brad Stacy

Media Collection

No abstract provided.

Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku

Media Collection

No abstract provided.

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau

Dissertations, Theses, and Capstone Projects

This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …

The Unsuspected Francis Lieber, Richard Salomon

Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his support of Lincoln's suspension …

The Juridical Communities Of Apulia: Communal Identity And Municipal Belonging In The Aragonese Kingdom Of Naples, Vincenzo Selleri

Dissertations, Theses, and Capstone Projects

This study intends to make a contribution to the debate concerning Jewish citizenship in Renaissance Europe by suggesting that de jure status does not provide sufficient information on the municipal belonging of individuals and groups. Citizenship in Renaissance Italy was an equivocal concept. Political rights were usually granted on the basis of wealth and “respectability” (measured in terms of lineage, and education). Jews, women, the poor, and “debased” groups may have not enjoyed such rights; nonetheless they were part of the social, economic, and cultural life of the Renaissance city.

Municipal belonging is better assessed by individuals’ de facto enjoyment …

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.

Not All Art Belongs In The Living Room: The Tale Of Robert Mapplethorpe, Shelby K. Miller

Student Scholar Showcase

Following the death of Robert Mapplethorpe in 1989, a group of scholars put together a retrospective exhibition of his life’s work with the help of a grant from the National Endowment for the Arts. The subject matter, namely those in Mapplethorpe’s X and Z portfolios that included male nudes and depictions of sadomasochism, caused major controversy across the country. The presentation will cover Helms Amendment of 1990 and the obscenity trial that took place in Cincinnati in 1990 with a specific focus on the lasting impacts that these events have had on the NEA and the art world.

The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw

Masters Theses & Specialist Projects

This examination of the southern suffrage campaign focuses the movement through the eyes of three prominent southern women within the political movement: Kate Gordon, Sue Shelton White, and Josephine Pearson. The merged National American Woman Suffrage Association (NAWSA) planned and organized a focus on the South during the second half of the suffrage campaign, which presented new challenges. The Nineteenth Amendment passed through Congress in 1918 and consequently set the stage for a raging political battle between suffragists and anti-suffragists. The suffrage campaign prompted women to question how the political platform of suffrage should be addressed. Women argued over the …

Pennsylvania's Loyalists And Disaffected In The Age Of Revolution: Defining The Terrain Of Reintegration, 1765-1800, Rene J. Silva

FIU Electronic Theses and Dissertations

ABSTRACT OF THE DISSERTATION

PENNSYLVANIA’S LOYALISTS AND DISAFFECTED IN THE AGE OF REVOLUTION: DEFINING THE TERRAIN OF REINTEGRATION, 1765-1800

by

René José Silva

Florida International University, 2018

Miami, Florida

Professor Kirsten Wood, Major Professor

This study examines the reintegration of loyalists and disaffected residents in Pennsylvania who opposed the American Revolution from the Stamp Act crisis in 1765 through the Age of Federalism in 1790s. The inquiry argues that postwar loyalist reintegration in Pennsylvania succeeded because of the attitudes, behavior, actions and contributions of both disaffected residents and patriot citizens. The focus is chiefly on the legal battle over citizenship, …

Black Courts, Ernesto A. Longa

Faculty Book Display Case

Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.

Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice system, introducing grand …

The Maple Leaf Route, Dan Rager

Dan Rager

Writing To Save A Life: The Louis Till File, Chris Laico

The Primary Source

No abstract provided.

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of …

Into The Void, Or The Musings And Confessions Of A Redheaded Stepchild Lost In Western Legal History And Found In The Legal Borderlands Of The North American West, Katrina Jagodinsky

Department of History: Faculty Publications

At my first American Society for Legal History conference in 2014, I listened with rapt attention as keynote speaker Patty Limerick asked: "Is western history legal history ?" Limerick answered in the affirmative, citing the many ways in which law had defined the North American West. Those of us who teach Western history courses can count the legal acts Limerick recited on our fingers and toes: the 1784 Land Ordinance, the 1787 Northwest Ordinance, the 1790 Trade & Intercourse Act, the 1803 Louisiana Purchase, and every treaty between American Indians and the federal government on one hand; the Missouri Compromises …

Quotidian Intimidation And Mussolini's Special Tribunal In Istria And The Eastern Borderlands, Maura Hametz

History Faculty Publications

The article examines the Special Tribunal for the Defense of the State's use of the "no grounds to proceed" ruling to intimidate anti-fascists and extend the fascist government's power in the Adriatic borderlands. It demonstrates how the Tribunal's judges used their sentencing prerogatives to support repression in Istria and cloak persecution in the mantel of legal action in defense of the state.

How Will The Politics And Government Of Hong Kong Change In 2047 When The “One Country, Two Systems” Policy Has Expired., Christopher D. Spalding, James M. Lochte

Undergraduate Research

Since the official transfer of sovereignty over Hong Kong from Great Britain to China in 1997, Hong Kong has been governed under a special set of laws dubbed “One Country, Two Systems”. Though Hong Kong and the mainland are one country, the People’s Republic of China, they are governed under two different systems with regards to economic and political policy. This two-system agreement has been seen as a guarantor of Hong Kong’s Western-style democracy and political freedoms, especially as compared to the rest of the People’s Republic. However, the system was set to be in place for only fifty years …