Legal Commons^™

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 …

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

St. Mary's Law Journal

No abstract provided.

Eat Your Invasives: A Practical And Historical Analysis Of Foraging For Invasive Foods, Grace Hartman

Honors Projects

This paper discusses both the historical and modern role of foraging and why people may decide to forage, as well as barriers new foragers may face and how they can be overcome. Furthermore, the paper discusses how foraging for invasive species can be used as a method of conservation and how simple foraging can be encouraged for this reason.

Collation Model For Ms. Codex 1268: Manuale Bernardi Canal Notarii De Rippis., Dot Porter

Collation Models

Ledger book of notarial entries about sales, between the years 1351 and 1352, from Bernardo Canal of Ripas, Spain. Most entries feature records of sale, possibly about property. Many of the entries have been crossed out, but are still legible. One of the notes contains annotations and some arithmetical notes, and is dated 1533 in a later hand. The other note contains two notarial statements in a contemporary hand.

Collation Model For Ms. Codex 161: Sentencia Contra El Almine[?]., Dot Porter

Collation Models

Notarial document from the province of Burgos in Spain.

Collation Model For Ms. Codex 100: [Statuta]., Dot Porter

Collation Models

Statutes of Castello del Vivaro, in six books. The beginning of the manuscript is lacking, as is the beginning of the table of contents (previously before f. 60).

Collation Model For Ms. Codex 857: [Summa]., Dot Porter

Collation Models

Notarial handbook including summae by Giovanni da Bologna and Arnulfus Canonicus Parisiensis, exempla, and a consilium of Ioannes Teutonicus combined with an excerpt from Raymond of Peñafort.

Collation Model For Ms. Codex 986: [Distribution Of Property]., Dot Porter

Collation Models

Records of property distributed by Jean Bayard between 1586 and 1592, with Bayard's signature at beginning and end. The first entry was written and signed in the house of Claude de Gaudet in St. Geoyre, near Grenoble.

Collation Model For Ms. Codex 57: Statuti Del Bosco., Dot Porter

Collation Models

Contains statutes of Bosco Marengo (f. 1-88). Preceding the statutes there is an index, with folio numbers for cross reference (f. [i]-[viii]).

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger

The Cardinal Edge

No abstract provided.

Collation Model For Ljs 48: Instrumenta Feudorum Castri Sone : Cum Privilegio Comitatus In Persona[M] Don Ioannis Et Fratrum Ac Descendentium De Faelis., Dot Porter

Collation Models

Notarial copies of decrees and grants relating to Giovanni Faella of Verona and his family, mostly written by imperial notary Francesco di Andrea Ruffo in 1504, with a long addition by imperial notary Alessandro di Nicolo Medico dated 1530.

Collation Model For Ljs 54: Cartolarii, Dot Porter

Collation Models

A brief explanation of the office of notary and the purpose of notarial documents (f. 1r), followed by transcriptions of deeds and acts arranged in subject order as examples for a notary drawing up a document. The numbering of books corresponding to subjects is frequently in error, and the manuscript was probably compiled for personal use by the notary Contarini (or Conticini). Subjects include loans, sale contracts, dowries, wills, confessions, and evidence. Deeds added at the end (f. 37v-40v) may be in multiple hands. A marginal note in a later hand is dated 1301 (f. 9r).

Collation Model For Oversize Ms. Codex 62: [Legal Proceedings], Dot Porter

Collation Models

Proceedings of a suit between the brothers Constantius and Daniel de Vicario and Jacobus de Pego, syndicus fiscalis. Notarized by Jacobus de Guida (f. 109r).

Plyler V. Doe: The Education Of Undocumented Alien Schoolchildren In Texas, 1975-1982, John Powell

History Theses and Dissertations

When a Texas statute denied a free public education to those who were not citizens or legal residents of the United States, four Mexican-American families challenged the constitutionality of that statute. The Supreme Court ruled in their favor, confirming that the Equal Protection Clause protects everyone regardless of immigration status.

Collation Model For Ms. Codex 98: Statuta Ecclesiae Tullensis., Dot Porter

Collation Models

Statutes of the cathedral chapter in Toul. Also contains an inspeximus by the chapter, 14 January 1650 (f. 76r-77r); an excerpt from the registers of the chapter, 18 February 1695 (f. 77v-78v); Memoire des divers fondations de messes, 1635 (f. 82r-87r); and a table of contents for the statutes (f. 88v). Folios 79-81 are ruled but blank. A notarial note at the end is dated 2 May 1772 (f. 88v).

Collation Model For Ms. Codex 80: Statuta Civitatis Castelli., Dot Porter

Collation Models

Statutes of Città di Castello, in Umbria in Italy. The first section is dated 1261 (f. 1r-5v); the second section contains additions by the same scribe, also dated 1261 (f. 5v-6v); the third section contains further statutes, dated 1273 (f. 7r-14v).

Collation Model For Ms. Codex 86: De Casibus Conscientiae ... [Etc.], Dot Porter

Collation Models

Contains text of a work entitled De casibus conscientiae (f. 1r-364v). There is no indication of the identity of the author. Also contains the text of Pope Clement VIII's bull Pastoralis Romani Pontificis vigilantia (commonly referred to as In coena Domini; f. 366r-378v). This appears to have been copied from a version printed in 1596, though the heading bears the date 1598. Also contains a commentary on Clement's bull, titled De casibus reservatis, et nominatim de iis qui reservatur in bulla Coenae domini.

The Napoleonic Code: Property, Succession, And Gender, Deanna Small

Scholarly Horizons: University of Minnesota, Morris Undergraduate Journal

Through an investigation of excerpt of the 1804 Napoleonic Code, this paper explores the way the law impacted inheritance, property laws, and women's place in the law in Napoleonic France. These laws shaped the legal system for years to come and aimed to create an image of France that fit with Napoleon’s vision. This paper alongside an annotated copy of excerpts of the Code presents a focused investigation of the language of the law and the various ways laws were actually practiced or circumscribed by French citizens.

Waqf In Transition: Tracing Local Institutional Change During The British Mandate In Palestine, Zachary Murray

Theses and Dissertations

The British Mandate’s actions of state-building in Palestine were informed by a Zionist-Western modernist envisioned past of Palestine. This state-building ideology was embedded within much of the bureaucracy of the Mandate’s system and infringed on numerous Palestinian institutions such as Waqf. Waqf was disenfranchised in particular through the implementation of urban development programs, like town planning and archaeological regimes, which sought to support the British-Zionist recasting of Palestine.

This thesis aims to show how the British’s ideology of Palestine informed the Mandate’s internal polices and actions which infringed on the rights of waqf. This was done through two axes of …

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

Runaway Advertisements From Grenada, 1790-91 And 1798-99, Simon P. Newman

The Magazine of Early American Datasets (MEAD)

Newspaper advertisements written and published by enslavers seeking the capture and return of enslaved people who had escaped. Published in the St Georges Chronicle and Grenada Gazette between July 1790 and January 1791, and between January 1798 and December 1799.

Runaway Advertisements From Barbados, 1770 And 1783-89, Simon P. Newman

The Magazine of Early American Datasets (MEAD)

Newspaper advertisements written and published by enslavers seeking the capture and return of enslaved people who had escaped. Published in the Barbados Mercury in September to October 1770, and between April 1773 and March 1789, and in the Barbados Gazette between July 1787 and February 1789.

Runaway Advertisements From Jamaica, 1782, 1813, 1816, 1822, And 1823, Simon P. Newman

The Magazine of Early American Datasets (MEAD)

Newspaper advertisements written and published by enslavers seeking the capture and return of enslaved people who had escaped. Published in the Royal Gazette April 1781 to January 1782, January to December 1813, July to October 1816, February to October 1822, and February to March 1823.

Runaway Advertisements From Jamaica, 1781-2, Simon P. Newman

The Magazine of Early American Datasets (MEAD)

Newspaper advertisements written and published by enslavers seeking the capture and return of enslaved people who had escaped. Published in the Gazette of St Jago (Spanish Town), Jamaica, February 1781 to October 1782.

Unveiling Macau Gaming Inspectors: Functions, Conditions And Operations, Changbin Wang, Hong-Wai Ho

UNLV Gaming Research & Review Journal

Macau has seen the rapid development of casinos in the past two decades. Long-established regulatory control of the city’s gaming industry ensures compliance with the applicable regulations and standards. Among other regulators and staff, gaming inspectors are responsible for the first-line supervision of gaming operations across Macau casinos. This paper is the first attempt to review the casino regulatory inspection in Macau with a particular focus on the functions and practices of gaming inspectors stationed at casinos. Existing internal and external factors affecting the functions of gaming inspectors are identified and discussed in this paper. The authors of this paper …

From Patrons To Landlords: The Transformation Of Class Relations In Zanzibar Through Wakf Reform, Isabel Spafford

Honors Theses

This study examines the role of wakf reforms in reshaping class relationships in Zanzibar during the British protectorate. Prior to the establishment of the British protectorate in Zanzibar, wakf dedications maintained patron-client relationships between the landowning class and poor clients that were established during the time of slavery but continued after abolition. I argue that wakf dedications were essential to continuing these relationships, and therefore British wakf reforms were necessary to achieve British colonial goals of dissolving patron-client relationships and establishing a capitalist system based on wage labor and ground rent. I analyze the relationship of the British colonial class, …

The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean

Merge

Using The Hairstons: An American Family in Black and White, along with additional scholarly research and legal documentation for context, explores the ramifications and reasonings behind the creation and enforcement of anti-miscegenation laws. The primary individuals focused on suggest that anti-miscegenation laws were enacted for reasons outside of marriage's status as a union between two individuals. Social status, property inheritance, and even voting rights were denied to African Americans via the vehicle of anti-miscegenation laws. Just as other antebellum laws served to advance the agendas of the time, anti-miscegenation laws were no different. And the specific stories elaborated on …