Legal Commons^™

The Legal Culpability Of Emperor Hirohito In The Outbreak Of The Second Sino-Japanese War, Joseph Castellano

Honors Projects

An analysis of the legal culpability of Emperor Hirohito in the outbreak of the Second Sino-Japanese War based on primary source evidence. Combines an examination of primary and secondary sources to demonstrate that Emperor Hirohito was legally responsible for his role in the outbreak of the Second Sino-Japanese War.

Unilateralism And Strategic Ambiguity In American Foreign Policy: Contextualizing The Taiwan Relations Act, James L. Landers

Honors College Theses

The goal of this thesis is to examine the unique historical context surrounding the enactment of the 1979 Taiwan Relations Act in order to demonstrate how congressional unilateralism, a core component of enacting the TRA, led the United States to strengthen a policy of strategic ambiguity toward Taiwan and China. As a result of its enactment, the TRA has been criticized by the mainland Chinese government as an example of foreign policy that is contrary to the traditional values promoted by the United States. This study examines the creation of the TRA through government documents, legislation, and speeches and aims …

"I Hate Illinois Nazis:" Remembering Hate Speech And The First Amendment In Skokie, Illinois, Morgan Myers

Undergraduate Research Symposium

In 1976, the leader of the Illinois chapter of the National Socialist Party of America (neo-Nazis) sent over 30 requests to hold demonstrations in various areas of Chicago. The village of Skokie was the only one to respond, denying their request. The Nazis sued the city, claiming their freedom of speech was being impeded. The resulting court case has had lasting legal and social consequences that continue to define the meaning of both free speech and hate speech in the United States.

Recognition Promotes Sodomy: Gay Lib Vs. The University Of Missouri, Micah Hillier

Undergraduate Research Symposium

In the spring of 1971 Larry Eggleston, president and founder of the Gay Lib student organization at the University of Missouri, submitted the proper documentation for formal recognition of his club. The dean, and subsequently the executives of the University of Missouri, denied the club’s petition. What followed was a contentious game of chess between the university and its gay student population, the outcome of which would span seven years and litigation that rose all the way to the supreme court. What motivated the University of Missouri’s decision to ban gay student organizations in the 1970s? The answers can be …

Lost & Found (Game Series) [Book Chapter], Owen Gottlieb

Articles

Description of game series for use in the classroom with best practices.

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 …

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 …

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 …

‘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 …

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 …

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 …

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.

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 …

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.

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.

"Secession's Moving Foundation": Fugitive Slave Rendition And The Politics Of American Slavery, Evan Turiano

Dissertations, Theses, and Capstone Projects

This dissertation examines the political conflict over fugitive slave rendition from the era of the American Revolution through the passage of the 1850 Fugitive Slave Law. It pays particular attention to the struggle over the legal rights due to African Americans accused of being fugitive slaves. Slaveholders claimed an absolute property right over accused fugitive slaves and argued that any recognition of legal remedies for accused runaways threatened that right. Free African Americans and their allies in the abolitionist movement asserted that Black people accused of having escaped slavery were due a legal process. This was a vital protection against …

"Prophecies Of Loss": Debating Slave Flight During Virginia's Secession Crisis, Evan Turiano

Publications and Research

This article examines debates over fugitives from slavery during Virginia’s secession movement. By considering these debates in the context of Virginia’s history of freedom seekers, the constitutional politics of fugitive slave rendition, and white fears of politically informed slave resistance, this article clarifies how proslavery Virginians understood the threat posed by interstate slave flight in 1861. In the wake of Abraham Lincoln's election, proslavery Virginians on both sides of the secession conflict agreed that runaways posed a grave danger to the future of slavery in the state. Early in the convention, southeastern planters and northwestern unionists forged an alliance based …

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.

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 …

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon

FIU Electronic Theses and Dissertations

This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …