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Articles 1 - 14 of 14
Full-Text Articles in History
Review Of The Website The Nuremberg Trials Project, John A. Drobnicki
Review Of The Website The Nuremberg Trials Project, John A. Drobnicki
Publications and Research
Review of the website The Nuremberg trials project.
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman
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, …
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
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 …
‘Unkle Sommerset's’ Freedom: Liberty In England For Black Sailors, Charles R. Foy
‘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
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
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
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
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 …
The Prehistory Of Fair Use, Matthew Sag
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
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
No abstract provided.
0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections
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
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 …
Chitto Harjo (Wilson Jones, Crazy Snake) 1846-1912 Creek Leader, Janet Butler Munch
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.
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
All Faculty Scholarship
No abstract provided.