Legal Commons^™

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...

The Juridical Communities Of Apulia: Communal Identity And Municipal Belonging In The Aragonese Kingdom Of Naples, Vincenzo Selleri

All Dissertations, Theses, and Capstone Projects

This study intends to make a contribution to the debate concerning Jewish citizenship in Renaissance Europe by suggesting that de jure status does not provide sufficient information on the municipal belonging of individuals and groups. Citizenship in Renaissance Italy was an equivocal concept. Political rights were usually granted on the basis of wealth and “respectability” (measured in terms of lineage, and education). Jews, women, the poor, and “debased” groups may have not enjoyed such rights; nonetheless they were part of the social, economic, and cultural life of the Renaissance city.

Municipal belonging is better assessed by individuals’ de facto enjoyment ...

The Unsuspected Francis Lieber, Richard Salomon

All Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his ...

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.

Not All Art Belongs In The Living Room: The Tale Of Robert Mapplethorpe, Shelby K. Miller

Student Scholar Showcase

Following the death of Robert Mapplethorpe in 1989, a group of scholars put together a retrospective exhibition of his life’s work with the help of a grant from the National Endowment for the Arts. The subject matter, namely those in Mapplethorpe’s X and Z portfolios that included male nudes and depictions of sadomasochism, caused major controversy across the country. The presentation will cover Helms Amendment of 1990 and the obscenity trial that took place in Cincinnati in 1990 with a specific focus on the lasting impacts that these events have had on the NEA and the art world.

The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw

Masters Theses & Specialist Projects

This examination of the southern suffrage campaign focuses the movement through the eyes of three prominent southern women within the political movement: Kate Gordon, Sue Shelton White, and Josephine Pearson. The merged National American Woman Suffrage Association (NAWSA) planned and organized a focus on the South during the second half of the suffrage campaign, which presented new challenges. The Nineteenth Amendment passed through Congress in 1918 and consequently set the stage for a raging political battle between suffragists and anti-suffragists. The suffrage campaign prompted women to question how the political platform of suffrage should be addressed. Women argued over the ...

Black Courts, Ernesto A. Longa

Faculty Book Display Case

Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.

Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice ...

Black Courts, Ernesto A. Longa

Ernesto A. Longa

Book Abstract: Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts. Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice ...

The Maple Leaf Route, Dan Rager

Dan Rager

Writing To Save A Life: The Louis Till File, Chris Laico

The Primary Source

No abstract provided.

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty ...

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...

Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws ...

Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento

Honors Research Projects

During the seventeenth century, New England was composed of several independent colonies of varying size and success. In the Puritan and separatist colonies of Massachusetts Bay, New Haven, and Plymouth, entire communities, including “others,” those who were relegated outside of the community on the basis of their status or faith, worked with the theocratical legal system to police sexual morality and preserve social hierarchies that colonists understood to be fundamentally intertwined. This commitment was so strong that these colonies overlooked centuries of English legal custom when drafting harsher fornication laws, relied on the expert testimony of midwives over that of ...

Petitioning And The Making Of The Administrative State, Maggie Mckinley

Faculty Scholarship

The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state ...

Introduction: Jewish Gamevironments – Exploring Understanding With Playful Systems, Owen Gottlieb

Articles

The study of Judaism, Jewish civilizationi, and games is currently comprised of projects of a rather small set of game scholars. A sample of our work is included in this issue.

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.

Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari

Media Collection

No abstract provided.

Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent

Media Collection

No abstract provided.

Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi

Media Collection

No abstract provided.

Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam

Media Collection

No abstract provided.

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.

Forced Upon The Account: Pirates And The Atlantic World In The Golden Age Of Piracy, 1690-1726, Nathan Ray

Masters Theses

This thesis discusses an observed phenomenon of ordinary sailors being forced to serve on board pirate ships in the eighteenth century Atlantic World. The main argument is that when pirates lost their connections to land-based communities in the Caribbean at the end of the seventeenth century they attempted to establish the same connections to communities along the North American coast. Pirates in the early eighteenth century ultimately failed to establish lasting connections with colonies in the north and had to force more ordinary sailors to server on their crews in order to survive. Colonial and British trial records were the ...

Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy

Media Collection

No abstract provided.

Clark County Civil Court Records, Archivists

Guides and Finding Aids

Clark County was established in 1818, and therefore became one of the five counties in existence at the time the area became known as Arkansas Territory in 1819. Court was held in various places in those early days, such as the home of pioneer settler Jacob Barkman, west of the Caddo River, near what is now Caddo Valley. Later, a county seat was established at Greenville, which was located to the southwest along the Military Road (also known as the Southwest Trail). In 1842 Arkadelphia (previously known as Blakelytown) became the permanent location of the county seat.

These numbered files ...

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.

Pierre Trudeau’S White Paper And The Struggle For Aboriginal Rights In Canada: An Analysis Of The Extent To Which The White Paper Was A Turning Point In The Struggle For Aboriginal Rights And Land Claims In Canada, Elisabetta A. Kerr

The Great Lakes Journal of Undergraduate History

This paper contends that Pierre Trudeau’s 1969 “White Paper” on the status of Aboriginals in Canada was not a major turning point in improving the status of Aboriginals in Canada, but succeeded in inspiring activism and interest in the plight of Canada’s First Nations. The policy attempted to redefine the Canadian government’s relationship with its Aboriginal peoples, expressing the centrality of the government in Aboriginal affairs and reinforcing its obliviousness to the needs of Canada’s First Nations. The White Paper proposed to remove “Indian Status” for Aboriginals, and as a result was vehemently rejected. The effects ...

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of ...