Arts and Humanities Commons^™

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (July 2022): Legal Beagle Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

21st Century Identity Politics And Social Protest: How The Dynamics Of Race And Gender Influence Black Women's Decision To Run For Congress, An Exploratory Study, Susan J. Telingator

Graduate Doctoral Dissertations

While women represent half the world’s population, they are underrepresented globally in government (UN Women, accessed February 27, 2022). In the United States, women’s representation is particularly low and women of color face greater levels of exclusion than white women (Reflective Democracy Campaign, 2018). During the 2018 mid-term elections there was a significant increase in the number of women running for office of all races, particularly Black women (CAWP, 2019). Black women have historically held less than 5% of elected executive offices, including Congress and state legislatures (CAWP, 2018d), even though they comprise 13.1% of the total U.S. population (CAWP, …

Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The American Congress Digital Archives Portal Project White Paper, Danielle Emerling

Faculty & Staff Scholarship

This white paper documents the work of the American Congress Digital Archives Portal project to aggregate congressional archives into a single, online platform and make them more broadly available. Congressional archives document the democratic process; the development of public policy; and multiple narratives related to the country’s social, cultural, and political development. Work of the project included developing standards and best practices; creating governance structures for the one-year project and future phases; developing a web portal that meets user needs and adding archival content; determining digitization priorities via a research survey; conducting usability testing; and communicating and publicizing the project. …

Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.

Faculty Articles

This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …

Building Our Own Houses: Aapis In Congress, Daenerys Pineda

CMC Senior Theses

During the COVID-19 pandemic, anti-Asian hate peaked and came to national attention. Given the country-wide scope of this issue, a potential avenue for its address is through federal representatives, and particularly through those representatives who identify as Asian-American. This community’s political participation began long before 2020, and this thesis evaluates how Asian-American representatives have provided meaningful political representation in various situations for a national Asian-American constituency. For the purpose of this thesis, I define substantive representation as an action of a representative, using their particular political powers and privileges, in the interest of their constituents. I conduct three case studies …

The Runaway Presidential Power Over Diplomacy, Jean Galbraith

All Faculty Scholarship

The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …

From The End Of Politics To Legitimate Opposition: Political Perceptions Of The 37th Congress Of The United States In The North 1860-1862, Lauren Dubas

Honors Theses

This paper intends to explore the political landscape of the Union during the first two years of the Civil War, specifically how the people in the North perceived what remained of the Congress from 1860-1862. I will be using a combination of primary and secondary sources to cover the 37^th Congress of the United States, whose members were elected in 1860 and legislated until the next Congressional election in 1862. My research shows several significant stages in the political landscape during this period and uses these stages of partisan politics as the foundation for understanding how the federal government, …

Sovereignty, Statehood, And Subjugation: Native Hawaiian And Japanese American Discourse Over Hawaiian Statehood, Nicole Saito

Student Scholar Symposium Abstracts and Posters

Although discourse over Hawaiian statehood has increasingly been described by scholars as a racial conflict between Japanese Americans and Native Hawaiians, there existed a broad spectrum of interactions between the two groups. Both communities were forced to confront the prejudices they had against each other while recognizing their shared experiences with discrimination, creating a paradoxical political culture of competition and solidarity up until the conclusion of World War Two. From 1946 to 1950, however, the country’s collective understanding of Japanese American citizenship began to shift with recognition of the community’s military service record and an increased proportion of veterans elected …

Ostracism And Democracy, Alex Zhang

Faculty Articles

The 2020 Presidential Election featured an unprecedented attempt to undermine our democratic institutions: allegations of voter fraud and litigation about mail-in ballots culminated in a mob storming of the Capitol as Congress certified President Biden’s victory. Former President Trump now faces social-media bans and potential disqualification from future federal office, but his allies have criticized those efforts as the witch-hunt of a cancel culture that is symptomatic of the unique ills of contemporary liberal politics.

This Article defends recent efforts to remove Trump from the public eye, with reference to an ancient Greek electoral mechanism: ostracism. In the world’s first …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.

Factors Contributing To Continuing Democratic Victories In Some Southern House Districts, 1994–2008, Dillon Mccormick

Mahurin Honors College Capstone Experience/Thesis Projects

The American South went through a period of political transition in the late 20th and early 21st centuries. This transition reached its climax after the 1994 elections, after which Democrats ceased to hold the majority of House seats in the South, never to regain that strength. However, Democrats continued to win a decent share of House seats in the South after 1994, with about 40% of Southern House seats being won by Democrats until the 2010 elections, after which Democrats shrunk to a much smaller minority.

This paper analyzes the factors that allowed some Democrats to continue to be elected …

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses and Dissertations

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …

A "Chinese Wall" At The Nation's Borders: Justice Stephen Field And The Chinese Exclusion Case, Polly J. Price

Faculty Articles

First, the sweeping implications of The Chinese Exclusion Case had as much to do with the Supreme Court's concerns about its relationship with both Congress and the President as it did with the Chinese as a disparaged racial group. There are other dimensions beyond race, and one of these was the Supreme Court's view of its role with respect to the other branches of government. Importantly, the Court did not decide the balance of authority between the President and Congress on matters of immigration, an omission that surely lessens its precedential value today.

Second, the Court's pronouncement in the Chinese …

Ike's Leadership Lessons For New President, Michael J. Birkner

History Faculty Publications

Just days into his presidency in the winter of 1953, Dwight Eisenhower met with his advisers and discussed a challenge from within the majority Republican caucus. If mishandled, it could have endangered his program for a stronger America.

The issue, as he later related, was the demand of conservative Republican legislative leaders that Eisenhower "balance the budget immediately and cut taxes no matter what the result." [excerpt]

Legislating For American Empire : The U.S. Congress And Territorial Policy, Timothy Lindberg

Legacy Theses & Dissertations (2009 - 2024)

The United States has always administered territorial governments and the primary entity entrusted with this authority is the United States Congress. This dissertation, using an American Political Development framework, seeks to uncover the variety of ways in which Congressional decision-making over territorial policy has shifted. The goal is to understand how the United States Congress worked toward establishing and maintaining an American Empire via the use of territorial policy. A variety of causal mechanisms causing are investigated, including the demographic targets of policy, partisan conflicts, changing norms and rules of Congress, pressures from other branches or the states, national security …

War Powers In The American Constitutional Scheme: A Legal-Historical Inquiry, Max Guirguis

Commonwealth Review of Political Science

Since World War II, there has been a significant shift in the balance of war­ making power between the executive and legislative branches. Although the Constitution reserves the formal power of declaring war exclusively for Congress, modern presidents have increasingly mm·ginalized Congress in times of international tension or conflict by acting unilaterally without congressional authorization. Congress has lent impetus to this problematic trend by failing to take decisive action whenever its war-making power is usurped by the executive. The War Powers Act of 1973 has not been successful in curbing the exercise and expansion of executive war- making power because …

Seeing The Sausage Made: How Compromise Works In Large Groups And Representative Bodies, James E. Crawford Jr.

Theses and Dissertations

Inspired by the lack of Congressional compromise during the 2013 federal shutdown, I explore how compromise works in large groups and representative bodies. An on-line survey, personal interviews, and a discourse analysis of the Congressional Record yield a diverse collection of data, including personal and public stories of compromise. I examine the stories and other data through an eclectic mix of contemporary scholarship, borrowing literary theory from the Russian critic Mikhail Bakhtin, socio-linguistic concepts from American linguist James Paul Gee, and moral philosophy from Israeli thinker Avishai Margalit. I also incorporate the work of political scientists Amy Gutmann and Dennis …

Strategic Diversity In Union Political Action: Implications For The 1992 House Elections, Richard W. Hurd, Jeffrey E. Sohl

Richard W Hurd

[Excerpt] The purpose of this paper is to explore labor's strategic options in the 1992 elections. We will focus on House races because the diversity in political strategies among unions is most apparent there. However, our conclusions will have broader implications for union activity in elections at all levels of government. In evaluating the situation we will consider the impact of redistricting on labor's alternatives. We should note that recent developments have made many union political operatives more optimistic. The upset victory by populist Democrat Harris Wofford in the special Senate election in Pennsylvania, the eventual compromises on civil rights …

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …

Connecticut's Fourth Congressional District: History, Politics, And The Maverick Tradition, Gary L. Rose

Sacred Heart University Press Books

Connecticut's Fourth Congressional District: History, Politics, and the Maverick Tradition is a case study of one of the most unique congressional districts in the United States. Located in Fairfield County, the fourth district is a bedroom community close to New York City. The district's close proximity to Wall Street, the tendency of the district's constituents to elect free-thinking congresspersons, and the wealth and celebrity status of many district residents have resulted in a setting which can be described as an anomaly in the larger context of congressional politics. Contents: Introduction -- Connecticut's Fourth Congressional District: geography and demographics -- A …

Stuart Chase And Red Scare #2, 1946-1954, Richard Vangermeersch

Special Collections (Miscellaneous)

I have written an academic piece, “The Marking of Stuart Chase As a ‘Red Accountant’--An Epic (1917-1921)” on Stuart Chase (SC) and Red Scare #1, 1917-1921. The current piece is a much more casual type writing and, hopefully, will be a part of the SC website. My purpose in this piece is to illustrate how SC was smeared in the Reece Committee Report of 1954 without any possibility of retort before the Committee. This piece might inspire a much more academic work on the Reece Committee--a rich topic indeed. This piece also shows that SC was a marked man by …

The Marking Of Stuart Chase As A "Red Accountant" - An Epic (1917-1921), Richard Vangermeersch

Special Collections (Miscellaneous)

There has been recent scholarship by Bradley and Merino (1994) and Vangermeersch (2005) on this event and the subsequent eventual firing of Stuart Chase by the FTC. Bradley and Merino’s scholarship was limited to 1918 and 1919. Vangermeersch’s scholarship was limited to two narrow time periods (Oct. 20, 1919 and then from June 1920 to mid January 1921). This piece is written to extend the time frame from early 1917 through August of 1921. This piece, not only takes a broader time period, also broadens the scope of the prior scholarship. This piece examines many documents, articles, and testimony not …

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

A History Of Federal Legislation Against Mormon Polygamy And Certain United States Supreme Court Decisions Supporting Such Legislation, Joseph Robert Meservy

Theses and Dissertations

As indicated by the title, this study presents a history of Federal Legislation against Mormon polygamy prior to 1890 and of certain United States Supreme Court decisions supporting such legislation. Of necessity, the subject had to be limited, emphasis being placed upon three legislative acts and upon a few leading court decisions.