Arts and Humanities Commons^™

The American West And Nozick’S Theory Of Entitlements, Kaitlyn E. Price

The Purdue Historian

Customary law emphasizing the protection of private property rights rather than the authoritative assertion of the law characterized expansion into the American West from 1848-1895. The subsequent legal systems developed in a minarchistic manner that aligned with Robert Nozick’s “theory of entitlements,” leading to the adoption of a “night-watchman state.” This theory asserts that a society built upon customary law that focuses on the protection of individual rights will undoubtedly develop a protective body to safeguard these rights in pursuit of the third principle, the “rectification of justice.” Thus, the chaotic and often disorganized way the West’s extralegal and formal …

The Women Of Justice: Narratives Of Women Attorneys In California During The 1960s And 1990s, Sarah Zion

Master's Theses

This thesis interviews two women attorneys who have not previously shared their stories to relate their experience of going to law school and entering the field after graduation. The study of women lawyers and their stories is not a new topic, however, there is a focus in the scholarship to only explore the tales of the women who reached the big firsts, such as first female lawyer or first female judge. By providing interviews of women who have not reached these big accomplishments, the field gains a more rounded understanding of the history of female lawyers. The two women interviewed …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

Plyler V. Doe: The Education Of Undocumented Alien Schoolchildren In Texas, 1975-1982, John Powell

History Theses and Dissertations

When a Texas statute denied a free public education to those who were not citizens or legal residents of the United States, four Mexican-American families challenged the constitutionality of that statute. The Supreme Court ruled in their favor, confirming that the Equal Protection Clause protects everyone regardless of immigration status.

Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd

Senior Honors Theses

The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

The Spark That Lit The Match: The Use Of Petitions And The Emergence Of Antislavery Politicians In The Movement To Abolish Slavery In The District Of Columbia, 1816-1829, Timothy Brown

UNLV Theses, Dissertations, Professional Papers, and Capstones

The United States capital, Washington, D.C., became the focus of antislavery advocates in their quest to eliminate the domestic slave trade and slavery. By the War of 1812, the domestic slave trade was thriving in the capital. However, many saw it as particularly embarrassing to a nation predicated on the concept of freedom. This embarrassment was even felt by proslavery Southerners. Beginning in 1816, an attempt to restrict the trade in the Capital occurred when Virginia Congressman John Randolph called for the destruction of the domestic slave trade there. Despite being proslavery, he argued that the federal government, as the …

The Lieber Code: A Historical Analysis Of The Context And Drafting Of General Orders No. 100, Alexander H. Mindrup

The Cardinal Edge

During the American Civil War, the United States changed in dramatic fashion. The national crisis of the Civil War encompassed all aspects of the United States. In 1862, a forward-thinking German American intellectual named Francis Lieber lobbied the Lincoln administration to update the United States laws of war. On April 24, 1863, President Lincoln issued General Orders No. 100 or “Instructions for the Government of the Armies of the United States in the Field.” General Orders No. 100, better known as the Lieber Code, modernized the United States laws of war. Not only that, but the Lieber Code traveled across …

The Maine Press Association Takes A Stand: Promoting Professional Identity In The Nineteenth Century, Stephen Banning

Maine History

This research sought to examine the Maine Press Association in relation to its motivations, particularly in reference to whether the association members saw themselves as professionals. The only other nineteenth century press association which has been examined for evidence of professional aspirations is the Missouri Press Association, in which it has been found that members were actively seeking to professionalize, modeling themselves after the traditional professions of doctors, lawyers and the clergy. References to journalists as professionals are present at an early point in the Maine Press Association’s history, and the number of references increase within a few years after …

A Study Of The United States Influence On German Eugenics., Cameron Williams

Electronic Theses and Dissertations

This thesis is a study of the influence and effects that the United States had upon Germany from the rise of eugenics to its fall following the end of World War II. There are three stages to this study. First, I examine the rise of eugenics in the United States from its inception to the end of World War I and the influence it had upon Germany. Then I examine the interwar era along with the popularization of eugenics within both countries before concluding with the Second World War and post war era.

My thesis focuses on both the active …

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

All Faculty Scholarship

H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

Felice J Batlan

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but even …

Desegregation In Arkansas Lesson Plan

Lesson plans

This lesson explores desegregation in Arkansas through the use of primary and secondary sources. Students will read newspaper articles, manuscripts, and pamphlet excerpts to understand the story of desegregation in Arkansas. A list of various activities related to original primary and secondary resources allows teachers the flexibility to choose parts of this lesson plan to use and adapt as needed.

This lesson plan was produced for 9^th grade, 10^th grade, 11^th grade, and 12^th grade students, but may be altered by teachers to fit other grade levels.

Cotton, Clemency, And Control: United States V. Klein And The Juridical Legacy Of Executive Pardon, Heather L. Clancy

The Gettysburg College Journal of the Civil War Era

When the guns of war fell silent in 1865, Americans throughout the reunited states grappled with the logistics of peace. At virtually every turn lay nebulous but critical questions of race, class, allegiance, and identity. More pragmatic legal stumbling blocks could also be found strewn across the path to Reconstruction; some of them would ensnare the healing nation for decades to come. Among their number was notorious Supreme Court decision United States v. Klein (1872). Born on July 22, 1865 out of a small debate over the wartime seizure of Vicksburg cotton stores, Klein quickly evolved into a legal …

"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross

Open Access Theses & Dissertations

This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …

Land And Law In The Age Of Enterprise: A Legal History Of Railroad Land Grants In The Pacific Northwest, 1864-1916, Sean M. Kammer

Department of History: Dissertations, Theses, and Student Research

Federal land subsidies to railroad corporations comprised an important part of the federal government’s policies towards its western land domain in the middle decades of the nineteenth century. In all, Congress granted over a hundred million acres to railroad corporations to subsidize construction of a transcontinental railway network. Long after the last such grant in 1871, these land grants continued to incite political contests in Congress and state legislatures and legal disputes in communities across the West. By the end of the century, railroad corporations had become manifestations not just of the threatening growth of corporate power in the United …

Establishing Religious Freedom: Jefferson's Statute In Virginia, Thomas Buckley

Faculty Pub Night

No abstract provided.

U.S. Immigration: The Origins And Evolution Of Contemporary Issues And The Architecture Of Future Reform, Andrew Beaule

Honors Theses

In 1965, the United States Congress passed the Immigration and Nationality Act, attempting to remove racial, religious, and cultural discrimination from the immigration system. However, the infamous act and subsequent legislation have caused unintended consequences. Illegal immigration has skyrocketed despite a massive increase in border enforcement; and Central Americans, particularly Mexicans, have become the target of racial and cultural discrimination, much like the Southern European immigrants of the early 1900s. The current immigration system still relies on the framework passed nearly 50 years ago, proving to be insufficient for contemporary United States. This thesis investigates the historical patterns in immigration …

Indigenous Women, Mother Tongues, And Nation Building In New England: A Tribal Policy Leadership Series, Amy Den Ouden, Chris Bobel

Office of Community Partnerships Posters

In collaboration with the Wôpanâak Language Reclamation Project (WLRP), Indigenous women educators and leaders, the Dept. of Women’s and Gender Studies is redesigning WOST/WGS 270, Native American Women in North America, to incorporate a lecture series on nation building and a semester-long community engagement project fostering student leadership in a research and policy formation project focused on legislating and funding a Native American language education law in Massachusetts.

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan

University of Akron Press Publications

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …

Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …

A Plea For Freedom: Enslaved Independence Through Petitions For Freedom In Washington D.C. Between 1810 And 1830, Trevor J. Shalon

Department of History: Dissertations, Theses, and Student Research

Between 1810 and 1830, over 190 petitions for freedom by African Americans went through the District Court of Washington D.C. The free African American community which had emerged following the American Revolution had been restricted in the beginning of the nineteenth century and the rights granted to free and enslaved African Americans were retracted. The methods by which enslaved African Americans had used to obtain their freedom were eliminated and more innovative methods would needed in order to continue the expansion of the free community.

As the nineteenth century progressed, as other methods were eliminated, the number of petitions issued …

Constitution Day 2012: The American Judiciary, Robert Berry

Librarian Publications

Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.

Natural Rights And Equality: The Case Of Injustice In The Senate, Adrian Acosta

Open Access Theses & Dissertations

This thesis seeks to demonstrate that the Senate, as it is composed, goes against America's basic ideas of equality. First it examines the foundation of America's ideas of justice and natural rights. This is done by examining both Hobbes and Locke and how they helped influence America's ideals and, more specifically, how equality became a natural right. After that, it takes on whether or not these ideas are still valid to this very day. The thesis proceeds by examining the documents that helped form America and the system of government that got instituted after the second constitutional convention. Subsequently, it …

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

Mcchord, William Caldwell, 1850-1928 (Sc 2323), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and full-text scan (click on "Additional Files" below) for Manuscripts Small Collection 2323. Paper by William Caldwell McChord titled "Memoirs of William Caldwell McChord, Springfield, Kentucky." The paper details McChord's upbringing, education, experience in the Civil War, and legal and political career in Washington County, Kentucky. Includes an account of the claim that Washington County was Abraham Lincoln's true birthplace. Also includes genealogical information on the McChords and related families.