Arts and Humanities Commons^™

Far-Right Extremism In America: A Geospatial Analysis Of Incident Distribution, Meredith Leann Lerma

Graduate Theses and Dissertations

There has been little empirical research on the spatial relationship of violent far-right extremism. Previous studies have only focused on portions of far-right violent incidents, such as homicides, or amalgamated all far-right extremist activity, including legal incidents. This study uses data from the Extremist Crime Database (ECDB) and Southern Poverty Law Center (SPLC) in a temporal frame of 2000 to 2018 to test the relationship of violent incidents against geographic and social factors. The goal is to explore the relationships between macro-level factors and violent far-right extremist incident. The research determines that the presence of hate groups, higher immigrant populations, …

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …

Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins

Graduate Theses and Dissertations

The purpose of this project is to provide historical awareness for how Title IX, the anti-gender discrimination law in education, evolved to where it is today and the impact it has on universities in the United States. Strong-willed individuals sought change in the late 1960s and 1970s to prevent gender discrimination in education, thus beginning the creation of the law and making it a powerful tool for women’s rights. As Title IX expanded its reach, universities have been shaped by gender discrimination in athletics, sexual assault, harassment and rape. This project outlines the evolution of Title IX through research based …

Civic Tenderness: Love's Role In Achieving Justice, Justin Leonard Clardy

Graduate Theses and Dissertations

Martha Nussbaum’s work Political Emotions: Why Love Matters for Justice identifies the role that compassion plays in motivating citizens in a just society. I expand on this discussion by considering how attitudes of indifference pose a challenge to the extension of compassion in our society. If we are indifferent to others who are in situations of need, we are not equipped to experience compassion for them. Building on Nussbaum’s account, I develop an analytic framework for the public emotion of Civic Tenderness to combat indifference.

Civic tenderness is an orientation of concern that is generated for people and groups that …

Capital Punishment In Oklahoma 1835-1966, Michael Owen Riley

Graduate Theses and Dissertations

This doctoral dissertation explores the history of capital punishment in Oklahoma using a systematic case-by-case examination of the death penalty as it has been used in the Sooner state. The author hopes that better knowledge of the extensive history of that institution in Oklahoma's past will provide insight into the reasons why Oklahoma currently kills its residents at a higher rate than any other politically distinct area in the world for which accurate records are available. This study covers the time period from 1835 with the arrival of the Five Civilized Tribes until 1966 when the last execution by electrocution …

The Price Of Dissent: Freedom Of Speech And Arkansas Criminal Anarchy Arrests, Jamie Leto Kern

Graduate Theses and Dissertations

Following World War I and the Bolshevik Revolutions, America's Red Scare began, inciting fanatical patriotism and an alleged threat of anarchy that gripped a nation with fear. Paranoia about communists, Socialists, and anarchists divided the country and resulted in many states, including Arkansas, passing criminal anarchy laws. Since a majority of those accused of anti-American activities were involved in labor disputes, Arkansas makes for an interesting case study; not only did it have a relative lack of labor disputes, it still passed anti-Bolshevik laws. The purpose of this research is to develop an understanding of the ways in which dissenters …