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Articles 1 - 30 of 43
Full-Text Articles in History
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss
University of Colorado Law Review
No abstract provided.
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
University of Colorado Law Review
No abstract provided.
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham
University of Colorado Law Review
No abstract provided.
Slave Law, Race Law, Gabriel J. Chin
Slave Law, Race Law, Gabriel J. Chin
University of Colorado Law Review
No abstract provided.
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux
University of Colorado Law Review
No abstract provided.
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
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 Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
Washington and Lee Law Review Online
Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …
Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler
Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler
MSU Graduate Theses
From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
Flexibly Fluid & Immutably Innate: Perception, Identity, And The Role Of Choice In Race, Emily Lamm
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
White Saviors, Brandon Hasbrouck
White Saviors, Brandon Hasbrouck
Washington and Lee Law Review Online
It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …
Racial Prejudice In The Criminal Justice System, Tori Cooper
Racial Prejudice In The Criminal Justice System, Tori Cooper
Jessie O'Kelly Freshman Essay Award
Racial prejudice against African Americans has been the leading cause of high incarceration rates amongst the African American community. Within the United States, the census reported that African Americans make up about 17.9 percent of the population, with one-third of the people making up the incarcerated population in America. The disparity in those numbers highlights the current situation that is plaguing the nation. Blatant cases of racial profiling that have received media attention are a true testament of the broken law enforcement system from coast to coast. Racial prejudice cases have affected the black American community since the beginning of …
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden
A Painful History : Symbols Of The Confederacy: A Conversation About The Tension Between Preserving History And Declaring Contemporary Values 1-19-2018, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law
Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, Kayla Hardy-Butler
Nineteenth-Century Ohio Literature
Kayla Hardy-Butler presents a famous letter by Frederick Douglass, as it was published in Ohio, with the letter that prompted it. This edition also includes a summary of Maryland slave statutes from the time to better explain the day-to-day experience of slavery debated in this correspondence.
Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School Of Law
Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne
The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne
The Medieval Globe
This study explores the relationship between documentary-legal prescriptions of slavery and actual practice in late medieval Ethiopia. It does so in light of a newly discovered edict against the enslavement of freeborn Christians and the commercial sale of Christians to non-Christian owners, issued in 1548 by King Gälawdéwos. It demonstrates that this edict emerged from a dramatic and violent encounter between the neighboring Sultanate of Adal, which was supported by Muslim powers, and the Christian kingdom of Ethiopia, which had the support of expanding European powers in the region. The edict was therefore issued to reaffirm and clarify the principles …
The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles
The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles
The Medieval Globe
Large numbers of outsiders were integrated into premodern Islamic society through the institution of slavery. Many were boys of non-Muslim parents drafted into the army, and some rose to become powerful political figures; in Egypt, after the death of Ayyubid sultan al-Salih (r. 1240–49), they formed a dynasty known as the Mamluks. For slave concubines, the route to power was different: Shajar al-Durr, the concubine of al-Salih, gained enormous status when she gave birth to his son and later governed as regent in her son’s name, converting to Islam after her husband’s death and then reigning as sultan in her …
Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin
Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin
Electronic Thesis and Dissertation Repository
This dissertation examines the legal construction and development of racial difference as considered in literature written or set during the final years of American slavery. While there had consistently been a conceptual correspondence between black skin and enslavement, race or racial difference did not become the unqualified explanation of enslavement until fairly late in the institution’s history. Specifically, as slavery’s stability became increasingly threatened through the nineteenth century by abolitionism and racial slippage, race became the singular and explicit rationale for its existence and perpetuation. I argue that the primary discourse of this justificatory rationale was legal: through law race …
Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons
Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons
Faculty Scholarship
Our barely functioning Congress seems to embody the issues that this conference on constitutional dysfunction is meant to address. At this moment, however, congressional disarray may result less from institutional design than from our lasting heritage of white supremacy. Republican control of the House owes much to the party's Southern Strategy, which has exploited widespread dissatisfaction with the Democrats' official renunciation of racial stratification. That challenge to the American Way is exacerbated by the idea, outrageous to some, of a black President. That context has some bearing on this Symposium's topic of federalism. For, as Professor Larry Yackle reminds us, …
Slavery, Sacred Texts, And The Antebellum Confrontation With History, Jordan Tuttle Watkins
Slavery, Sacred Texts, And The Antebellum Confrontation With History, Jordan Tuttle Watkins
UNLV Theses, Dissertations, Professional Papers, and Capstones
In the first six decades of the nineteenth century, America's biblical and constitutional interpreters waged their hermeneutical battles on historical grounds. Biblical scholars across the antebellum religious spectrum, from orthodox Charles Hodge's Calvinism to heterodox Theodore Parker's Transcendentalism, began to emphasize contextual readings. This development, fueled by an exposure to German biblical criticism and its emphasis on historical exegesis, sparked debate about the pertinence of biblical texts and the permanence of their teachings. In the 1830s, the resurfacing slavery issue increased the urgency to explore the biblical past for answers, which exposed differences between ancient and American slavery. Some still …
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'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.
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
Faculty Journal Articles
By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Akron Law Faculty Publications
People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Wilson R. Huhn
People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …
Warts And All: How The Plattsburgh Should Change The Way We Look At The Face Of Baltimore Maritime History, David Seaton
Warts And All: How The Plattsburgh Should Change The Way We Look At The Face Of Baltimore Maritime History, David Seaton
Legal History Publications
In 1820 the Plattsburgh was condemned for violating federal anti-slave trade legislation. This little known, rarely cited Supreme Court decision is important, because it pierces the veneer of romanticism that has been allowed to sugar over our recollection of Baltimore's maritime history. The case indicates that some of the most prominent ship owners and captains at the time, including Thomas Sheppard, John N. D'Arcy, Henry Didier, and Thomas Boyle, have links to the slave trade. This paper explores the cruel realities of the international slave trade, the ineffective federal laws aimed at prohibiting it, and the efforts by merchants to …
Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives
Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.
Moore-Mulligan-Brown Collection (Mss 219), Manuscripts & Folklife Archives
Moore-Mulligan-Brown Collection (Mss 219), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 219. This collection consists chiefly of correspondence of the Moore, Mulligan, Brown and Johns families, who are interrelated. The correspondence deals chiefly with family matters and events occurring in Trigg County, Kentucky and Allen County, Kentucky.
Contemporary Slavery And International Law, Jessica Bell
Contemporary Slavery And International Law, Jessica Bell
Human Rights & Human Welfare
In this essay, the definition of contemporary slavery is derived from Kevin Bales in his book, Disposable People, which states that contemporary slavery is “The complete control of a person, for economic exploitation, by violence, or the threat of violence.” Contemporary slavery includes the slave labor of men, women, and children, forced prostitution, pornography involving both children and adults, the selling of human organs, serfdom, debt bondage, and the use of humans for armed conflict.