History Commons^™

"I Hate Illinois Nazis:" Remembering Hate Speech And The First Amendment In Skokie, Illinois, Morgan Myers

Undergraduate Research Symposium

In 1976, the leader of the Illinois chapter of the National Socialist Party of America (neo-Nazis) sent over 30 requests to hold demonstrations in various areas of Chicago. The village of Skokie was the only one to respond, denying their request. The Nazis sued the city, claiming their freedom of speech was being impeded. The resulting court case has had lasting legal and social consequences that continue to define the meaning of both free speech and hate speech in the United States.

Recognition Promotes Sodomy: Gay Lib Vs. The University Of Missouri, Micah Hillier

Undergraduate Research Symposium

In the spring of 1971 Larry Eggleston, president and founder of the Gay Lib student organization at the University of Missouri, submitted the proper documentation for formal recognition of his club. The dean, and subsequently the executives of the University of Missouri, denied the club’s petition. What followed was a contentious game of chess between the university and its gay student population, the outcome of which would span seven years and litigation that rose all the way to the supreme court. What motivated the University of Missouri’s decision to ban gay student organizations in the 1970s? The answers can be …

Lost & Found (Game Series) [Book Chapter], Owen Gottlieb

Articles

Description of game series for use in the classroom with best practices.

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

"Prophecies Of Loss": Debating Slave Flight During Virginia's Secession Crisis, Evan Turiano

Publications and Research

This article examines debates over fugitives from slavery during Virginia’s secession movement. By considering these debates in the context of Virginia’s history of freedom seekers, the constitutional politics of fugitive slave rendition, and white fears of politically informed slave resistance, this article clarifies how proslavery Virginians understood the threat posed by interstate slave flight in 1861. In the wake of Abraham Lincoln's election, proslavery Virginians on both sides of the secession conflict agreed that runaways posed a grave danger to the future of slavery in the state. Early in the convention, southeastern planters and northwestern unionists forged an alliance based …

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon

FIU Electronic Theses and Dissertations

This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …

From Handmaids To Princesses: How Identity And Politics Impact Definitions Of Biblical Rape, Gabrielle R. Isaac-Herzog

Classical Mediterranean and Middle East Honors Projects

The politics of sex in the Bible are complex. They are impacted and limited by the time of the stories, as well as the political landscape and laws of the region. However, since many modern religions have emerged from the text of the Hebrew Bible, it is important for scholars to continue the work of critically examining the texts in the contemporary context. This paper offers a textual analysis of several biblical stories through a feminist and decolonial lens. Through the generation of a taxonomy by which these stories can be categorized, this paper posits that the biblical definitions of …

2nd Place Contest Entry: Student Governance During The Free Speech Movement, Philip Goodrich

Kevin and Tam Ross Undergraduate Research Prize

This is Philip Goodrich's submission for the 2022 Kevin and Tam Ross Undergraduate Research Prize, which won second place. It contains their essay on using library resources, their bibliography, and a summary of their research project on student governance during the free speech movement.

Philip is a fourth-year student at Chapman University, majoring in History and Political Science. Their faculty mentor is Dr. Alexander Bay.

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, …

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, …

The Worth Of The Black Disabled Body: An Excavation Of Black Disabled Legal History, Alyssa Mcleod

Undergraduate Research Awards

Slave law was overwhelmingly concerned with the state of individual bodies, from the earliest colonial iterations of race-based statutes through to the end of the antebellum era, becoming a key index in shaping the concept of race from that point forward. In this time, white legislators were trying to answer several burgeoning questions including: Are enslaved bodies inherently damaged, broken, criminal, or worthy of manumission? The answer, it seems, is that every enslaved person’s value was determined almost strictly on the value of their labor, and therefore, their ability to work (and thus, by implication, their value as salable property). …

Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp

All Faculty Scholarship

This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.

Antonia Sentner's Fight Against Deportation: An Example Of The Federal Government's Fight Against Communism, Claire Wehking

Undergraduate Research Symposium

In the 20th century, the United States government used deportation as a tool to circumvent certain Constitutional protections in order to crack down on radicalism. This tactic was used in both the first and second “Red Scares.” In the 1940 and 1950s, a St. Louis deportation case rose to national prominence as it progressed through the federal court system. Antonia Sentner was the wife of Communist Party U.S.A. member and local labor leader, William Sentner. Her requests for naturalization were denied, even though her husband and children were born in the United States and she had lived here since she …

Our Representative On This Island: Local Belonging And Transnational Citizenship Among Syrian And Lebanese Cubans, 1880-1980, John T. Ermer Jr

FIU Electronic Theses and Dissertations

Émigrés from Ottoman Syria and Cuba who, beginning in the late-nineteenth century, traveled not unidirectionally, from one nation to another, but between and within multiethnic, polycentric empires. Tracing their history opens a route to better understanding global legal regimes of citizenship. Weaving government records from Cuba, France, and the United States with associational records and oral history interviews, this dissertation reveals how vernacular understandings of citizenship in Cuba and the Levant, based on locally derived conceptions of belonging, but over time contended with liberalizing legal reforms meant to redefine citizenship as a state-focused and legible status. As a mobile population …

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to …

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may …

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

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 …

Centralizing The Purse: Why A More Centralized National Government Was Crucial For Managing America's Revolutionary War Debt, Ethan Berg

Mahurin Honors College Capstone Experience/Thesis Projects

Research on the American Revolutionary debt has particularly focused on the leadership of American financial figures: most notably Superintendent of Finance Robert Morris and U.S. Treasury Secretary Alexander Hamilton. While scholars affirm their indispensable leadership, they also acknowledge institutional and political conditions that distinguish their tenures. This CE/T seeks to further analyze these conditions. It draws upon scholarly works while evaluating different aspects and time frames of Americas’ public debt, including the initial accumulation of debt, the tenure of Robert Morris, the formation of the U.S. Constitution, and the tenure of Alexander Hamilton. The CE/T also analyzes the papers of …

Distribution, Bars, And Arcade Stars: Joe Anthony’S Entrepreneurial Expansion In Houston’S Gay Media Industries, Finley Freibert

Faculty Scholarship

This article develops the concept of "gay useful media" to explore a case study of gay entrepreneurship in Houston, Texas, of the 1970s. A father and son developed a gay media empire in the city, which spanned bars, bookstores, distribution, and vending. One of the pair's key establishments was Houston's legendary gay bar Mary's at 1022 Westheimer (also known as Mary's Lounge, Mary's, Naturally, and Mary's…Naturally).

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

The Munemitsu Legacy: The Japanese American Family Behind Mendez V. Westminster: California’S First Successful Desegregation Case, Annie Tang

Library Articles and Research

"Many Orange County, California schoolchildren know the name 'Mendez.' After all, the iconic name is front and center of the landmark civil rights case that desegregated several of the county’s public schools in 1947, preceding the 1954 Brown v. Board case on a national level. The Mendez family, one of five Latino families which challenged several school districts in the county on their practice of Mexican-only schools, had their name immortalized in history. But the Mendezes would not have been able to lead the legal charge if it was not for another family of color, the Munemitsus, the Japanese American …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

Surveying Seattle Legal History: An Examination Of Judge Thomas Burke, Ashley Morrison

UCARE Research Products

In the United States judiciary system, judges are assumed to be unbiased in their legal decisions on cases. In many cases, unfortunately, this is rarely the reality. By examining Judge Thomas Burke specifically, a survey of Seattle's legal environment can be revealed. From Judge Burke's connections with the railroad industry and protection of Chinese laborers during anti-Chinese riots reveals his desire for economic gain. With Judge Burke only presiding over two habeas corpus cases, neither dealing with anti-Chinese riots or the legality of Chinese laborers, no concrete conclusion can be drawn in that regard. Even still, Judge Burke's continued support …

Sentiment Analysis Of William Cranch's Petitions For Freedom Court Reports Using Python And Vader., Anna Krause

UCARE Research Products

Text analysis from William Cranch's court reports on the 19th Century African American Petitions for Freedom. Cranch provided selected court reports and their full title, date, and document text was imported to a csv file. This data was then analyzed using Python and its multiple software libraries to clean and prepare the text. The VADER(Valence Aware Dictionary and sEntiment Reasoner) package was utilized to give a sentiment score to each body of text, then was compared and visualized with the entire corpus. Results showed that most court reports carried a high rate of positive sentiment.