Open Access. Powered by Scholars. Published by Universities.®

History Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal

2012

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 36

Full-Text Articles in History

The Legal Career Of Abraham Lincoln [Annotated Bibliography], Steven Fioretti Dec 2012

The Legal Career Of Abraham Lincoln [Annotated Bibliography], Steven Fioretti

Undergraduate Research Award

No abstract provided.


The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Dec 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further ...


“Inherently Bad, And Bad Only”: A History Of State-Level Regulation Of Cigarettes And Smoking In The United States Since The 1880s. Volume 1: An In-Depth National Study Embedding Ultra-Thick Description Of A Representative State (Iowa), Marc Linder Nov 2012

“Inherently Bad, And Bad Only”: A History Of State-Level Regulation Of Cigarettes And Smoking In The United States Since The 1880s. Volume 1: An In-Depth National Study Embedding Ultra-Thick Description Of A Representative State (Iowa), Marc Linder

Marc Linder

This book lays out empirical and methodological underpinnings for studying the early period of anti-cigarette legislation in the United States by overcoming the lack of primary source-based historical scholarship. Constantly repeating wildly erroneous claims at second, third, and more remote hand, anti-smoking academics and pro-tobacco apologists have fundamentally distorted history, on the one hand by dismissing the early anti-cigarette movement as merely religiously and morally motivated and the legislation it secured as unenforced exercises bereft of historical relevance, and, on the other by absurdly magnifying its achievements. Reconstruction of the national scope of the real course of the passage and ...


Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris Oct 2012

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might ...


Miller, John Goodrum, Sr., 1853-1936 (Sc 2613), Manuscripts & Folklife Archives Sep 2012

Miller, John Goodrum, Sr., 1853-1936 (Sc 2613), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2613. Bound typescript volume of the “Memoirs of John Goodrum Miller” which details Miller’s relocation to Murray, Kentucky to practice law. Also includes commentary about the history of Kentucky, particularly the Pennyrile region. He relates historical events that impacted his life and his opinions on a variety of topics.


The Law Among Nations [Virtual Exhibit], Laurel Davis Sep 2012

The Law Among Nations [Virtual Exhibit], Laurel Davis

Rare Book Room Exhibition Programs

Digital version of a Fall 2012 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library.


Law Among Nations, Laurel Davis Sep 2012

Law Among Nations, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2012 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured early works related to international law, in editions ranging from the 15th to the 18th century.


[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore Jul 2012

[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore

Nick Salvatore

[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case ...


A Plea For Freedom: Enslaved Independence Through Petitions For Freedom In Washington D.C. Between 1810 And 1830, Trevor J. Shalon Jul 2012

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

Dissertations, Theses, & Student Research, Department of History

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 ...


"Sewing A Safety Net: Scarborough's Maritime Community, 1747-1765", Charles Foy Jun 2012

"Sewing A Safety Net: Scarborough's Maritime Community, 1747-1765", Charles Foy

Faculty Research & Creative Activity

From 1747 to 1765 Scarborough created a safety net to keep its maritime dependents from becoming impoverished. A web of kinship connections that permitted sailors to move between land and sea as well as between maritime roles as they aged; the employment of maritime servants; the extensive hiring of elderly seamen; the use of the Seamen’s Sixpence after legislative reform in 1747 to develop locally operated seamen’s hospitals for the benefit of sailors and their families; and strong community support of the hospitals worked together to provide a social safety net that was, by eighteenth century standards, robust ...


The Maine Indian Land Claim Settlement: A Personal Recollection, John M.R. Paterson Jun 2012

The Maine Indian Land Claim Settlement: A Personal Recollection, John M.R. Paterson

Maine History

From 1971 to 1980, the state of Maine grappled with one of the greatest legal challenges ever before it. That challenge had its origin in a suit brought by the Penobscot and Passamaquoddy tribes against the U.S. Department of the Interior seeking the seemingly simple declaration that the department owed a fiduciary duty to the tribes based on a federal law adopted in 1790. That suit was eventually to lead to a suit by the U.S. Department of Justice against the state of Maine, and potentially 350,000 residents in the eastern two-thirds of the state, seeking return ...


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Warren County, Kentucky - Court Records (Sc 2527), Manuscripts & Folklife Archives May 2012

Warren County, Kentucky - Court Records (Sc 2527), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Mansucripts Small Collection 2527. Warrant (1822) to sheriff to take custody of a free mulatto man found in Warren County; certificates (2) and appointment (1) relating to slave patrols in Warren County (1824-1825); and undated power of attorney authorizing apprehension of a fugitive slave from New Orleans, Louisiana.


The Effects Of Mass Consumption On American Society, Jon Foster May 2012

The Effects Of Mass Consumption On American Society, Jon Foster

Jon Foster

For a generation that doesn’t relate to the ‘eighties’, fondly remembers the ‘nineties’, and came of age in the two thousands, we often think of the sixties with a bit of nostalgia; reminiscing about Woodstock, and hippies, the nuclear family or maybe the Beatles. Unfortunately, much of this understanding is isolated within a bubble; wherein the sincere socioeconomic issues of the time, often become detached from their idealistic counterpart. To clarify, the causal relations that gave rise to what my generation remembers and typifies as the ‘sixties’, becomes distorted within the context of the rapidly changing times.


Lawyers And Their Books: The Augusta County Law Library Association, 1853-1883, Gregory Harkcom Stoner May 2012

Lawyers And Their Books: The Augusta County Law Library Association, 1853-1883, Gregory Harkcom Stoner

Masters Theses

During the eighteenth and nineteenth century, law books of various types contained the vital information needed by Virginia’s practicing attorneys and judges. Access to these resources, however, was generally limited to personal collections and a handful of libraries. Despite numerous calls for the creation of libraries by theVirginiagovernment, state legislators took little action of note.

This study explores the history and origins of law libraries in Virginia by focusing on the formation and evolution of the Augusta County Law Library Association, one of the first libraries organized in Virginia under state legislation enacted in 1853 that authorized the creation ...


Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell May 2012

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was ...


Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak Apr 2012

Die Frauen, Der Strafvollzug, Und Der Staat: Incarceration And Ideology In Post-Wwii Germany, Andrea Moody Kozak

Scripps Senior Theses

This thesis explores how the material reality of Germany's women's prisons has been largely determined by their ideological foundations, and by the historical developments that have produced these ideologies. The German women's prison system is complex and imperfect, yet in many ways very progressive. It is the result of the last sixty years of tumultuous German history, and has been uniquely shaped by the capitalist and communist histories of the once-divided state. In its current state, it seems to have incorporated elements of a supposedly “rational” or individualistic conception of humanity as well as one that is ...


Analysis: Williams V Scott, Jon Foster Apr 2012

Analysis: Williams V Scott, Jon Foster

Jon Foster

In the case of Williams v Scott, the Court has been asked to determine the constitutionality of Senate Bill 2100 in relation to the rights of public sector employees to collectively bargain.


"They Have Travailed Into A Wrong Latitude:" The Laws Of England, Indian Settlements, And The British Imperial Constitution 1726-1773, Arthur Fraas Mar 2012

"They Have Travailed Into A Wrong Latitude:" The Laws Of England, Indian Settlements, And The British Imperial Constitution 1726-1773, Arthur Fraas

Arthur Mitchell Fraas

In the mid-eighteenth century the British Crown claimed a network of territories around the globe as its "Empire." Through a close study of law and legal instutions in Bombay, Madras, Calcutta, as well as London, this dissertation examines what it meant to be a part of that Empire. These three cities on the Indian subcontinent were administered by the English East India Company and as such have often seemed abberant or unique to scholars of eighteenth-century empire and law. This dissertation argues that these Indian cities fit squarely within an imperial legal and governmental framework common to the wider British ...


A People's History Of Baseball, Mitchell J. Nathanson Feb 2012

A People's History Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

Baseball is much more than the national pastime. It has become an emblem of America itself. From its initial popularity in the mid-nineteenth century, the game has reflected national values and beliefs and promoted what it means to be an American. Stories abound that illustrate baseball's significance in eradicating racial barriers, bringing neighborhoods together, building civic pride, and creating on the field of play an instructive civics lesson for immigrants on the national character. In A People's History of Baseball, Mitchell Nathanson probes the less well-known but no less meaningful other side of baseball: episodes not involving equality ...


From India To The Atlantic World: "Indian Grants" And The Imperial Jurisprudence Of The Eighteenth Century, Arthur Mitchell Fraas Jan 2012

From India To The Atlantic World: "Indian Grants" And The Imperial Jurisprudence Of The Eighteenth Century, Arthur Mitchell Fraas

Arthur Mitchell Fraas

No abstract provided.


Dispelling The Fog About Direct Taxation, James Campbell Jan 2012

Dispelling The Fog About Direct Taxation, James Campbell

James Campbell

A full interpretation of capitation taxes in their historical context is here used as the key to a fresh understanding of the nature and practice of apportioned direct taxation under the Constitution. Contrary to common misconceptions, it appears that none of the key elements of the Federal powers of direct taxation – capitations, other direct taxes, and apportionment – are of uncertain meaning, or no longer of any relevance because of the abolition of slavery. Evidence for these conclusions is drawn from historical studies of taxation, records of the Constitutional Convention, Federal and state tax statutes of the period, contemporaneous economic and ...


Reducing The Drug War's Damage To Government Budgets, David B. Kopel, Trevor Burrus Jan 2012

Reducing The Drug War's Damage To Government Budgets, David B. Kopel, Trevor Burrus

David B Kopel

This Article examines ways that governments can mitigate the economic damage caused by the drug war. Part I details four specific legal reforms enacted in Colorado, which aim to reduce the problems of over-criminalization: Requiring a fiscal note for the creation of new statutory crimes; reducing drug possession from a felony to a misdemeanor; narrowing the scope of 'three strikes' laws, and; adjusting old sentences in light of new laws.

Part II explores the fiscal benefits of ending prohibition, such as reduced law enforcement costs and substantially increased tax revenues.

Part III analyzes the conflict between congressionally-imposed prohibition, and state ...


How The British Gun Control Program Precipitated The American Revolution, David B. Kopel Jan 2012

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least if ...


Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance Jan 2012

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation ...


Preface, Introduction, And Chronology: Gabriel's Conspiracy, Philip J. Schwarz Jan 2012

Preface, Introduction, And Chronology: Gabriel's Conspiracy, Philip J. Schwarz

History Publications

Preface and Introduction to Gabriel's Conspiracy: A Documentary History by Philip J. Schwarz. Includes a six page Chronology (1776-1800) of the documented events of Gabriel Prosser's life, with emphasis on the slave rebellion of 1800.

From the Introduction, "Documents concerning the important 1800 plot of enslaved Virginians to rebel against slavery have appeared in such publications as the Calendar of Virginia State Papers, Michael Mullin's American Negro Slavery: A Documentary History, and as part of a Library of Virginia exhibit in 2000. But there has never been a publication devoted solely to the many documents associated with ...


0793: Thomas J. Buffington Copy Of Savage Land Grant Survey, 1816, Marshall University Special Collections Jan 2012

0793: Thomas J. Buffington Copy Of Savage Land Grant Survey, 1816, Marshall University Special Collections

Guides to Manuscript Collections

This collection consists of a handwritten manuscript copy by Thomas J. Buffington of the plots distributed by the Savage Land Grant as resurveyed by Tupper, including plot descriptions. The manuscript is sewn as a pamphlet binding and the end pages include sums and other miscellaneous notes.


A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris Jan 2012

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Faculty Publications

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city should pay ...


Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert Blitt Dec 2011

Beyond Ruggie’S Guiding Principles On Business And Human Rights: Charting An Embracive Approach To Corporate Human Rights Compliance, Robert Blitt

Robert C. Blitt

To what extent should or must a corporation poised to undertake a significant international merger contemplate international human rights law? This chapter explores human rights issues related to corporate responsibility using the 2011 United Nations Guiding Principles on the effective prevention of, and remedy for, business-related human rights harm as a jumping off point. Students will be introduced to core international human rights concepts, particularly as they relate to emerging standards and best practices applicable to business-related activities.


Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert Blitt Dec 2011

Springtime For Freedom Of Religion Or Belief: Will Newly Democratic Arab States Guarantee International Human Rights Norms Or Perpetuate Their Violation?, Robert Blitt

Robert C. Blitt

The Arab Spring has generated unprecedented and seismic political and social upheaval across the Arab world. The reasons for the outbreak of widespread and vociferous public protest are myriad, but generally understood as including long-simmering resentment of government corruption and repression, underwhelming economic development, chronic unemployment and poor respect for human rights, including the treatment of individuals and groups affiliated with political manifestations of Islam. Despite the initial drama surrounding the street rallies, two years on, the pace of change has grown fitful and uncertain. The purpose of this chapter is to consider one narrow aspect of the Arab Spring ...