Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Morehead State University (30)
- SelectedWorks (22)
- University of Pennsylvania Carey Law School (11)
- Selected Works (4)
- Bowdoin College (1)
-
- Bowling Green State University (1)
- California State University, San Bernardino (1)
- Central Washington University (1)
- City University of New York (CUNY) (1)
- East Tennessee State University (1)
- Florida International University (1)
- Mississippi University for Women (1)
- Purdue University (1)
- Swarthmore College (1)
- The University of Akron (1)
- USC Gould School of Law (1)
- University of Central Florida (1)
- University of Mississippi (1)
- University of New Hampshire (1)
- University of Pittsburgh School of Law (1)
- University of Windsor (1)
- Winthrop University (1)
- Keyword
-
- Constitutional Law (20)
- Law and Society (19)
- Legal History (19)
- Civil Rights (13)
- Human Rights Law (11)
-
- Criminal Law and Procedure (7)
- Civil rights (5)
- Constitutional law (5)
- History (5)
- Jurisprudence (5)
- Religion (5)
- Sexuality and the Law (5)
- Gay (4)
- LGBT (4)
- Lesbian (4)
- Politics (4)
- Second Amendment (4)
- Self-defense (4)
- Women (4)
- Comparative Law (3)
- Education (3)
- Gun control (3)
- Homosexuality (3)
- Legal history (3)
- Legislation (3)
- Race (3)
- Racism (3)
- Supreme Court (3)
- 1970s (2)
- American Revolution (2)
- Publication Year
- Publication
-
- Media Collection (30)
- David B Kopel (17)
- All Faculty Scholarship (11)
- Nancy J. Knauer (3)
- Akron Law Faculty Publications (1)
-
- All Master's Theses (1)
- Book Chapters (1)
- Dissertations, Theses, and Capstone Projects (1)
- Electronic Theses and Dissertations (1)
- Electronic Theses, Projects, and Dissertations (1)
- Honors Projects (1)
- Honors Theses (1)
- Honors Theses and Capstones (1)
- Honors Undergraduate Theses (1)
- International Journal of Aquatic Research and Education (1)
- Jack Tsen-Ta LEE (1)
- James T Struck (1)
- Justin Schwartz (1)
- Manuscript Collection (1)
- Mary L. Dudziak (1)
- Merge (1)
- Nick J. Sciullo (1)
- Scott Titshaw (1)
- Swarthmore Undergraduate History Journal (1)
- The Purdue Historian (1)
- The Great Lakes Journal of Undergraduate History (1)
- Wilson R. Huhn (1)
- Works of the FIU Libraries (1)
- Publication Type
Articles 1 - 30 of 85
Full-Text Articles in Legal
The Question Of The Purpose Of Anti-Miscegenation Laws, Tyler Dean
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 …
The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith
The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith
The Purdue Historian
This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U.S. v. …
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti
Electronic Theses and Dissertations
The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious …
Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki
Shikata Ga Nai: Statelessness And Sacrifice For Japanese-American Volunteers During The Second World War, Kenzo E. Okazaki
Swarthmore Undergraduate History Journal
Through a Philosophical analysis of the nature of Internment Camps as well as oral histories of veterans who volunteered to serve in the US military from the camps, this paper will argue that the internment of Japanese Americans during WWII was an event that the Supreme Court and surrounding legal discourse placed outside of legal jurisdiction. Those within the camps were thus condemned to a life lacking political qualification and juridical personhood. Faced with the dangers of this condition, interned Japanese Americans who served in the U.S. Army consciously laid claim to the American political community through the sacrifice of …
Rules, Tricks And Emancipation, Jessie Allen
Rules, Tricks And Emancipation, Jessie Allen
Book Chapters
Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani
The Poverty Law Education Of Charles Reich, Felicia Kornbluh, Karen Tani
All Faculty Scholarship
This essay, written for a symposium on the life and legacy of Charles Reich, explores how Reich came to be interested in the field of poverty law and, specifically, the constitutional rights of welfare recipients. The essay emphasizes the influence of two older women in Reich’s life: Justine Wise Polier, the famous New York City family court judge and the mother of one of Reich’s childhood friends, and Elizabeth Wickenden, a contemporary of Polier’s who was a prominent voice in social welfare policymaking and a confidante of high-level federal social welfare administrators. Together, Polier and Wickenden helped educate Reich about …
Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson
Guest Editors' Introduction To The Special Issue, Diversity In Aquatics, Angela K. Beale-Tawfeeq, Steven N. Waller Ph.D., Austin Anderson
International Journal of Aquatic Research and Education
This is the introductory editorial leading off the special issue, "Diversity in Aquatics."
A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson
A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson
Media Collection
No abstract provided.
Caudill To Face Davis This November, The Morehead News
Caudill To Face Davis This November, The Morehead News
Media Collection
No abstract provided.
Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright
Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright
Media Collection
No abstract provided.
Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan
Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan
Media Collection
No abstract provided.
Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson
Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson
Media Collection
No abstract provided.
Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright
Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright
Media Collection
No abstract provided.
Candidate Forum: County Clerk, Brad Stacy
Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku
Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku
Media Collection
No abstract provided.
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
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 …
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau
Dissertations, Theses, and Capstone Projects
This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
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), copies …
Ermold Files Paperwork To Challenge Davis, The Morehead News
Ermold Files Paperwork To Challenge Davis, The Morehead News
Media Collection
No abstract provided.
Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent
Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent
Media Collection
No abstract provided.
Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari
Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari
Media Collection
No abstract provided.
Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth
Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth
Media Collection
No abstract provided.
Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi
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
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
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.
Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy
Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy
Media Collection
No abstract provided.
Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News
Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News
Media Collection
No abstract provided.
Intersectionality And The Constitution Of Family Status, Serena Mayeri
Intersectionality And The Constitution Of Family Status, Serena Mayeri
All Faculty Scholarship
Marital supremacy—the legal privileging of marriage—is, and always has been, deeply intertwined with inequalities of race, class, gender, and region. Many if not most of the plaintiffs who challenged legal discrimination based on family status in the 1960s and 1970s were impoverished women, men, and children of color who made constitutional equality claims. Yet the constitutional law of the family is largely silent about the status-based impact of laws that prefer marriage and disadvantage non-marital families. While some lower courts engaged with race-, sex-, and wealth-based discrimination arguments in family status cases, the Supreme Court largely avoided recognizing, much less …
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Media Collection
No abstract provided.