History Commons^™

The Quick And The Dead (And The Transported), Manushag N. Powell

ABO: Interactive Journal for Women in the Arts, 1640-1830

In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14^th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This …

Jus Soli And Jus Sanguinis: Politics, Race, Culture, And Citizenship In The Dominican Republic And Haiti, Guido A. Proano

Dissertations, Theses, and Capstone Projects

The promulgation of laws such as the Dominican Republic’s Constitutional Court’s Judgment TC-168-13 serves as a basis upon which to argue the major impediments presented by the Dominican government to deny Haitians and Dominicans of Haitians descent citizenship. The right to citizenship is based on legal principles of jus soli and jus sanguinis and is recognized in a series of international legal documents. Following a Marxist framework, this research demonstrates the uncounted possible relationships between modern social forces and politics that have been working closely following European productions of knowledge for decades against Haitians and Dominicans of Haitian descent in …

The Women Of Justice: Narratives Of Women Attorneys In California During The 1960s And 1990s, Sarah Zion

Master's Theses

This thesis interviews two women attorneys who have not previously shared their stories to relate their experience of going to law school and entering the field after graduation. The study of women lawyers and their stories is not a new topic, however, there is a focus in the scholarship to only explore the tales of the women who reached the big firsts, such as first female lawyer or first female judge. By providing interviews of women who have not reached these big accomplishments, the field gains a more rounded understanding of the history of female lawyers. The two women interviewed …

‘Death Of A Union Man’: Reconstructing Conflict At Windsor Chrysler During The Long Seventies, Heat Harvie

Major Papers

The shooting of UAW Local 444 President Charles “Charlie” Brooks in January 1977 by former Chrysler worker Clarence Talbot, allegedly over a grievance, brought the city of Windsor, Ontario to a standstill. Recently fired from his position as a relief worker at the Chrysler plant, Talbot was in a very vulnerable position where his ability to survive hinged on a successful grievance. Brooks was a beloved labour leader noted for his radical and colourful ways who had a long history of working hard for union and community members through his advocacy. The Ontario Supreme Court ultimately declared Talbot not criminally …

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.

Differences In French Law Pertaining To Refugees From Former Colonies: A Case Study Of North Africa And Indochina, Lauren Bergin

Honors Theses

Colonial relations between colonizer and colonized are an interesting yet often understudied part of the legal field. This thesis will focus on these links within the relationship between France and two of its former colonies: North Africa and Indochina. In order to discover more information on these relationships, I take a historical approach focusing on legal documents, debates, and decrees, both from the French government and international bodies and representatives such as the United Nations High Commissioner for Refugees. The resulting discoveries show that French legal documents were far more concerned with North Africa compared to Indochina, both regarding asylum …

Legislating Healthcare: A Legislative History Of Healthcare Equity And Access In The Mid-20th Century United States, Jazmin Alvarez

The Pegasus Review: UCF Undergraduate Research Journal

Historically, the United States has struggled to provide accessible healthcare to all Americans. Now, due to the COVID-19 pandemic, the country must rebuild its healthcare system to account for the devastating loss of healthcare personnel and the impending physician shortage. This paper discusses four U.S. laws that were intended to increase accessibility and how their history can guide the nation to better healthcare.

Review- Archives And Human Rights, Alexandra Pucciarelli

Journal of Contemporary Archival Studies

Archives and Human Rights edited by Jens Boel, Perrine Canavaggio, and Antonio González Quintana utilizes seventeen case studies to examine the role archives and archivists can play in international justice after human rights violations. The cases include but are not limited to; Rwanda, Spain, and Cambodia.

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

Intersections Of Violence Against Immigrant Women On The United States-Mexico Border, Holland Morgan

Ramifications

There have been growing tensions along the United States-Mexico border over the last twenty years and the very unique position of Mexican immigrant women is largely ignored. With the increased militarization of the border to protect American land from people considered ‘illegal’, this has left immigrant women vulnerable to gendered violence from border officials; as well as state systems that silence their voices or persecute them for their undocumented status. This paper uses the disciplines of history, sociology, and women’s and gender studies to make connections between the state portrayal of immigrant women, violence in border cities, and community efforts …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

Women’S Bodies, Government’S Vessels: Control Of Women’S Reproductive Capacity In U.S. Policy, 1837 - 1924, Shana Clapp

Honors Theses

This thesis explores the changing boundaries of women’s property rights in the nineteenth and early twentieth century with a critical eye on the intentions of white male policymakers. I analyze the development of laws regarding married women’s property rights, homesteading, and workplace relations to understand how lawmakers and judges viewed white women's reproductive capacity as a state policy tool in varying ways. The expansion of women’s property rights in the U.S. revolved around women’s reproductive labor and funneled women into their assumed roles of wives and mothers. Weaving together historical moments across a century of great advancement for women, I …

The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee

St. Mary's Law Journal

No abstract provided.

Vulnerable Culture: Protecting History In War And Peace, Molly Luce

CMC Senior Theses

Cultural, historic, and religious sites and objects have a strong correlation with the identity of the community they belong to, in addition to that of humanity. Rosilawati et al. assert that “Cultural heritage and social identity exists in correlation and are interconnected. The shared identity associated with one’s cultural background and historic setting may initiate feelings of pride in one’s culture.”^[1]Essentially, the looting and destruction of such sites and antiquities is not only an attack on the tangible, but the very essence of a population. As the War in Ukraine rages on, Ukrainian cultural heritage sites and historic …

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 …