History Commons^™

The Israeli Welfare State, Jon Foster

Jon Foster

An analysis of the modern welfare state that exists within Israel. Identifying where the Israeli model falls in relation to the European and American model; differences, similarities, and unique aspects of the Israeli system in comparative perspective.

Tripartism In Ireland, Jon Foster

Jon Foster

Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …

Labor Unions And Climate Change, Jon Foster

Jon Foster

The challenge of climate change and the need for a shift to more ecologically sustainable methods of production and innovation can dramatically redefine the strategy and objectives of the labor movement as a whole. Furthermore, within the specific sectors of: Agriculture, Construction, Utilities, and Automobiles, the reality of a changing environment, and social views, has already begun redefining what the future of these industries will mean in relation to labor unions.

Review Of The Website The Nuremberg Trials Project, John A. Drobnicki

Publications and Research

Review of the website The Nuremberg trials project.

The Policy Of Constantinian And Theodosian Emperors Towards The Public Spectacles: Secularization Or Christianization?, Abdelaziz M. A. Ramadan

Abdelaziz M. A. Ramadan

Most scholars incline to discuss the late antique imperial attitudes toward public spectacles within the context of Secularization. This study goes to re-examine this theory suggesting that the imperial policy may cannot be treated aside from the process of Christianization. it focuses on the period from 325 to 426 A.D.

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman

Great Plains Research: A Journal of Natural and Social Sciences

"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …

Infinite Hope And Finite Disappointment: The Story Of The First Interpreters Of The Fourteenth Amendment, Elizabeth Reilly

University of Akron Press Publications

Infinite Hope and Finite Disappointment details the aspirations and promises of the 14th Amendment in the historical, legal, and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as "The Second Founding," the 14th Amendment fundamentally altered the 1787 Constitution to protect individual rights and altered the balance of power between the national government and the states. The book also shows how initial Supreme Court interpretations of the Amendment's reach hindered its applicability. Finally, the contributors investigate the current impact of the 14th Amendment.

Contents Infinite Hope: The Framers as First Interpreters The Antebellum Political …

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

“Health Laws Of Every Description”: John Marshall’S Ruling On A Federal Health Care Law, David B. Kopel, Robert G. Natelson

David B Kopel

If John Marshall, the greatest of Chief Justices, were to hear a challenge to the constitutionality of the Patient Protection and Affordable Care Act of 2010, how would he rule? Would the nationalist justice who, according to the New Deal Supreme Court, “described the Federal commerce power with a breadth never yet exceeded,” agree that federal control of health care was within that power?

In the fictional opinion below, Marshall rules on the constitutionality of a bill similar to the Patient Protection and Affordable Care Act.

We constructed this opinion chiefly from direct quotation and paraphrases of Marshall’s own words, …

‘Unkle Sommerset's’ Freedom: Liberty In England For Black Sailors, Charles R. Foy

Faculty Research & Creative Activity

With his 1772 decree in Somerset v. Steuart that slavery was ‘so odious that nothing can be suffered to support it [in England] but positive law’, Lord Mansfield altered the legal landscape regarding black rights in England. While earlier judicial decisions had implied that slaves who came to England were free, prior to the Somerset decision there was no judicial consensus on the issue. The Somerset decision did not decree that slavery was illegal in England. Yet many blacks believed it ‘emancipated’ any slave who reached the shores of England. This understanding, combined with the British military welcoming runaways into …

Hechiceras E Inquisidores: The Relative Lack Of Severity Of Witchcraft Prosecution Among Spanish Imperial Territories, Jeffrey Michael Mastrianni

Honors Scholar Theses

This paper examines the social, cultural, political, and judiciary motivations behind the prosecution of witchcraft in the Spanish Empire between the years of 1492 and 1643. Included as background material are introductions to witchcraft, the history of the Empire, and the behaviors of the Spanish Inquisition. The paper attempts to illustrate the fact that witchcraft prosecution was neither severe nor overly violent in the Empire, and that each of the four major regions of the Empire (Spain proper, the Netherlands, Italy, and the Viceroyalty of Mexico) witnessed a steady and early decline of witchcraft prosecutions, albeit for different reasons. It …

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Department of History: Dissertations, Theses, and Student Research

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the most …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Law, History, And Feminism, Tracy A. Thomas

Tracy A. Thomas

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Tracy A. Thomas

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

The Prehistory Of Fair Use, Matthew Sag

Faculty Articles

This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.

Specifically, Part II explores the foundation for the …

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

Concepts Of Intellectual Property In The Roman Tradition, Erin Guldiken, Marianina Demetri Olcott

Dr. Marianina Olcott and Erin Guldiken

The current study concerns concepts of intellectual property in the Roman tradition first century BCE through forth century CE. It complements a previous study published in the Journal of the Copyright Society of the USA (Summer 2002, vol.49, No.4) which dealt with ancient Athenian concepts of intellectual property. The current study as in the earlier study of the Athenian tradition shows that ancient concepts of intellectual property are remarkably similar to modern concepts, as embodied in American case law (Title 17) and guidelines on plagiarism formulated by the modern academic establishment. Our plan of investigation is as follows: First we …

A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral

Ignacio de la Rasilla del Moral, Ph.D.

Illiteracy rate in Spain at the turn of the 20th century was of 63.8% and 16.000 students - out of a total Spanish population of 18.6 million - attended the 10 existing Spanish universities. 2.000 university titles were accorded, half of which in Law in 1900, and 200 students obtained their doctorates by the Central University of Madrid which held the academic monopoly of doctoral studies at the time. In 1902, the Bulletin of the Institution of Free Teaching published a chronicle signed by Aniceto Sela y Sampil on the didactic methods he employed to teach Public and Private International …

Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. Kopel, Gary Lawson

David B Kopel

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew Koppelman concludes that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is constitutionally authorized as a law "necessary and proper for carrying into Execution" other aspects of the PPACA. However, the Necessary and Proper Clause rather plainly does not authorize the individual mandate. The Necessary and Proper Clause incorporates basic norms drawn from eighteenth-century agency law, administrative law, and corporate law. From agency law, the clause embodies the venerable doctrine of principals and incidents: a law enacted under the clause must …

0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections

Guides to Manuscript Collections

This collection includes materials from Gil Kleinknecht’s personal collection of historic West Virginia and Ohio materials related to police work. The collection also includes Huntington Police Department annual reports, relevant laws and codes, manuals,, and artifacts related to the work of policing in Huntington, West Virginia and the surrounding areas.

To view materials from this collection that are digitized and available online, search the Gil Kleinknecht Papers, 1899-1973 here.

Fashion And Self-Fashioning: Clothing Regulation In Renaissance Europe, Kayla Arnold

Summer Research

The advent of true fashion in Italy during the 1350s introduced a new system of values to a society whose members were becoming increasingly concerned with self-presentation. The new social and economic changes that arose during the Renaissance began challenging existing social hierarchies and forced groups to display their status through their apparel and be able to recognize other groups through theirs as well. As a result, during the Renaissance the regulation of clothing became a way for city officials to define different social, religious and gender groups as well as maintain the boundaries between them. This paper analyzes sources …

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Chitto Harjo (Wilson Jones, Crazy Snake) 1846-1912 Creek Leader, Janet Butler Munch

Publications and Research

Chitto Harjo (1846-1912) was a leader of the Crazy Snakes, a traditionalist faction of the Creek Indians. He opposed federal incursions on reservation land, Indian lifestyles and governance structures; and fought against Allotment (individual distribution) of communal tribal lands and the loss of Creek sovereignty.

The House That "Equality" Built: The Asian American Movement And The Legacy Of Community Action, Karen Tani

Karen M Tani

"President Lyndon Baines Johnson liked to quote the prophet Isaiah. 'Come, let us reason together,' Johnson sometimes said (assuming the voice of God) as he prepared to exercise his famous powers of persuasion. But Johnson was no literalist. Jesus told his disciples that the poor would be 'with you always.' Johnson and the other architects of the Great Society disagreed. Convinced that privation had no place in modern America, they confidently launched the concatenation of federal initiatives known as the War on Poverty. That war is now over; the poor, as predicted, remain. Yet the battle mattered--not because it was …

Feminist Movements In Europe, Sara Kimble

Sara L Kimble

No abstract provided.

Local History From 8000 Miles Away: Early Colac Court Records In The United States, Arthur Fraas

Arthur Mitchell Fraas

This article examines a volume of Colac court records from the mid-nineteenth century now held in the United States. It details the contents of the volume with an eye towards the nature of local justice in early Victoria and the ways in which legal records can provide a window into the past. In addition, the article calls attention to the increasingly global nature of local history studies. In sharing the story of this trans-oceanic ‘discovery’ and its subsequent digitisation, it provides a possible model for future directions in archival research.

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

Sara L Kimble

No abstract provided.