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Full-Text Articles in History

The Hughes Court And Constitutional Consultation, Barry Cushman Nov 2013

The Hughes Court And Constitutional Consultation, Barry Cushman

Barry Cushman

This lecture, delivered to the Supreme Court Historical Society, details the ways in which justices of the Hughes Court provided guidance to members of the political branches in formulating constitutional solutions to the economic crisis of the 1930s. Among the policy areas considered are farm debt relief, energy policy, agricultural policy, civilian relief and public works, retirement pensions, and unemployment compensation.


Brooklyn Law School: The First Hundred Years, Jeffrey Morris Jun 2013

Brooklyn Law School: The First Hundred Years, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris Jun 2013

To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Encyclopedia Of American History, Jeffrey Morris, Richard Morris Jun 2013

Encyclopedia Of American History, Jeffrey Morris, Richard Morris

Jeffrey B. Morris

No abstract provided.


Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris Jun 2013

Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris Jun 2013

Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann Jun 2013

Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann

Jeffrey B. Morris

No abstract provided.


Review Of Michael Ostling, Between The Devil And The Host: Imagining Witchcraft In Early Modern Poland. Oxford University Press, 2011, For Polin/American Association For Polish Jewish Studies, Magda Teter May 2013

Review Of Michael Ostling, Between The Devil And The Host: Imagining Witchcraft In Early Modern Poland. Oxford University Press, 2011, For Polin/American Association For Polish Jewish Studies, Magda Teter

Magda Teter

Witches and witchcraft have fascinated not only the people of the premodern era, but also modern scholars who produced a tremendous amount of scholarship that has covered not only a large geographic area but also a wide variety of topics related to this subject in European history. Scholars have studied the legal and cultural underpinnings of witch-hunts; records of witch trials and works on witchcraft have served scholars as sources for the history of women and gender and the history of folk medical practices in the premodern era. Anyone interested in the history of witchcraft and magic in Europe can ...


“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 ...


"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 ...


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 ...


Primary Sources At A Distance: Researching Indian Colonial Law, Arthur Fraas Dec 2011

Primary Sources At A Distance: Researching Indian Colonial Law, Arthur Fraas

Arthur Mitchell Fraas

No abstract provided.


Legal Databases: A Comparative Analysis, Arthur Fraas Dec 2011

Legal Databases: A Comparative Analysis, Arthur Fraas

Arthur Mitchell Fraas

A comparative report commissioned by the Center for Research Libraries (CRL) on the world of electronic databases for legal history research.


Review Of "Heinonline", Arthur Fraas Dec 2011

Review Of "Heinonline", Arthur Fraas

Arthur Mitchell Fraas

A detailed review of the HeinOnline electronic database commissioned by the Center for Research Libraries (CRL)


Review Of "Llmc-Digital", Arthur Fraas Dec 2011

Review Of "Llmc-Digital", Arthur Fraas

Arthur Mitchell Fraas

A detailed review of the LLMC-Digital electronic database commissioned by the Center for Research Libraries (CRL)


Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt Dec 2010

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt

Robert C. Blitt

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs. The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening ...


Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt Dec 2010

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt

Robert C. Blitt

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation. In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing the Church ...


Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt Dec 2010

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt

Robert C. Blitt

This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — motivated in part by the desire to end years ...


The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt Dec 2010

The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is ...


Local History From 8000 Miles Away: Early Colac Court Records In The United States, Arthur Fraas Dec 2010

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.


A Law Unto Themselves: Historical Consequences And Cultural Realities From The Neglect Of Africana Studies In Policymaking Processes, Seneca Vaught May 2009

A Law Unto Themselves: Historical Consequences And Cultural Realities From The Neglect Of Africana Studies In Policymaking Processes, Seneca Vaught

Seneca Vaught

No abstract provided.


Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia Dec 2008

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


The Religion-State Relationship And The Right To Freedom Of Religion Or Belief: A Comparative Textual Analysis Of The Constitutions Of Predominantly Muslim Countries, Tad Stahnke, Robert Blitt Dec 2004

The Religion-State Relationship And The Right To Freedom Of Religion Or Belief: A Comparative Textual Analysis Of The Constitutions Of Predominantly Muslim Countries, Tad Stahnke, Robert Blitt

Robert C. Blitt

This study analyzes the constitutional provisions in 44 predominantly Muslim countries addressing the relationship between religion and the state, freedom of religion or belief, and other related human rights as measured against recognized international human rights standards. The geographic diversity of the Muslim world mirrors a central finding of the study, that predominantly Muslim countries encompass a variety of constitutional arrangements - ranging from Islamic republics with Islam as the official state religion, to secular states with strict separation of religion and state. Key findings of the survey include: More than half of the world's Muslim population (estimated at over ...


Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert Blitt Dec 2003

Who Will Watch The Watchdogs?: International Human Rights Nongovernmental Organizations And The Case For Regulation, Robert Blitt

Robert C. Blitt

Human rights nongovernmental organizations (NGOs) have become a fixture within the international system and a driving force for creating and enforcing human rights norms at international law. This essay examines the growth of human rights NGOs and argues that the industry is in urgent need of formal regulation. After assessing the failure of informal market controls for ensuring accountability within the human rights NGO sector, this paper applies a law and economics consumer protection model to underscore the need for more formal regulation. However, rather than advance a case for government intervention, this paper proposes that human rights NGOs themselves ...


Sanitized For Your Protection: Medical Discourse And The Denial Of Incest In The United States, 1890-1940, Lynn Sacco Dec 2001

Sanitized For Your Protection: Medical Discourse And The Denial Of Incest In The United States, 1890-1940, Lynn Sacco

Lynn Sacco

This article examines medical discourses from 1890 to 1940, when physicians and reformers uncovered, and then dissembled, evidence that white, middle- and upper-class American men were sexually abusing their daughters. Doctors had long recognized that children could acquire gonorrhea, but they believed that infections were confined primarily to poor and working-class girls who had been sexually assaulted. In the 1890s, doctors began to incorporate new technologies into the diagnostic process and they were shocked to discover that gonorrhea infection was so common among girls that they feared it was epidemic. Doctors claimed that concurrent infections in fathers and daughters from ...