Legal Commons^™

Breaking And Setting The Pattern: European Influences On Early Catalan Nationalism, Gabriel Black-Planas

Undergraduate Honors Theses

During the development of the Catalan nationalist political tradition between the nineteenth and twentieth centuries, early Catalanist thinkers drew heavily from the examples of their European and American contemporaries. As Catalonia developed an industrial base and began celebrating its linguistic and cultural heritage during the nineteenth century, it increasingly looked outwards. Seeing themselves as more European than Spanish, Catalanist desperately wished to modernize their region and nation. To this end, Catalanists developed a very specific and Eurocentric standard for civilizations that they thought critical for national development. This work traces the development of this model, what it entailed, how it …

"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.

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 …

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 …

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.

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 …

Jus Gentium, Natural Law, And Grotius’ Treatise: The Impact Of International Law’S Classical Heritage On Today’S Enforcement Dilemma, Faith Chudkowski

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

2nd Place Contest Entry: Student Governance During The Free Speech Movement, Philip Goodrich

Kevin and Tam Ross Undergraduate Research Prize

This is Philip Goodrich's submission for the 2022 Kevin and Tam Ross Undergraduate Research Prize, which won second place. It contains their essay on using library resources, their bibliography, and a summary of their research project on student governance during the free speech movement.

Philip is a fourth-year student at Chapman University, majoring in History and Political Science. Their faculty mentor is Dr. Alexander Bay.

Antonia Sentner's Fight Against Deportation: An Example Of The Federal Government's Fight Against Communism, Claire Wehking

Undergraduate Research Symposium

In the 20th century, the United States government used deportation as a tool to circumvent certain Constitutional protections in order to crack down on radicalism. This tactic was used in both the first and second “Red Scares.” In the 1940 and 1950s, a St. Louis deportation case rose to national prominence as it progressed through the federal court system. Antonia Sentner was the wife of Communist Party U.S.A. member and local labor leader, William Sentner. Her requests for naturalization were denied, even though her husband and children were born in the United States and she had lived here since she …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

The Jamaican Maroons Of The 17th And 18th Centuries: Survivalists Of The New World, Lance J. Parker Jr

Dissertations and Theses

The Jamaican Maroons, in the beginning, served as fugitive slaves avoiding captivity and liberating other enslaved people. To stop the Maroons from liberating other enslaved people, the British granting them freedom on the condition that they stop freeing slaves and even return runaways. Historians portray the Maroons as either freedom fighters or collaborators, sometimes even both. I argue that both narratives were a part of Maroon history, but I want to introduce them as survivalists. My research's significance is that I am exploring how the Maroons transitioned from freedom fighters to collaborators through notions of cultural identity. This project aims …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

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 …

Saving Adele: A History Of The Portrait Of Adele Bloch-Bauer I, Ariel A. Furman

Quest

Individual Research Project

Research in progress for HIST 1302: United States History II

Faculty Mentor: Kyle Wilkison, Ph.D.

Nothing ruins an enriching intellectual experience quite like having it assigned. Consequently, Honors History 1302 students began by identifying their own passions and interests. They then chose topics of immediate and abiding personal interest and produced research projects that reflected that energy and commitment. Their research probed a marvelous variety of historical topics from culture, medicine, science, politics, and economics. They researched and wrote about anti-fascist American comic books during World War II, disturbing historic treatments for the mentally ill, advances in …

The Crucible Of History:How Apology And Reconciliation Created Modern Conceptions Of The Salem Witch Trials, Heaven Umbrell

Electronic Theses and Dissertations

For centuries, historians, authors, and amateur enthusiasts alike have been mesmerized by the Salem witch trials. Most of the literature focuses on the trials themselves and takes one of three approaches: anthropological; sociological; or conspiratorial. Recently Gretchen Adams, professor of history at Texas Tech University, approached the trials differently, focusing on memory. She narrowed on how the “specters of Salem” loomed over American cultural and public memory. Apart from Adams, little scholarly inquiry has focused on the aftermath of the trials, especially how it affected the people directly involved. This thesis will expand the historiography of the Salem witch hunt …

Land Tenure In Acadian Agricultural Settlements, 1604-1755: Cultural Retention And The Emergence Of Custom, Carol A. Blasi

Electronic Theses and Dissertations

Starting in 1755, the British began the process of not only expelling some eleven thousand Acadians from their homes and farms, but also of uprooting a culture that had survived for over one hundred and twenty years. This dissertation applies a legal historical approach to elucidate a crucial feature of that culture, namely Acadian land tenure. In particular, it traces the way in which seigneurialism, and the French law supporting it, were central to property formation in Acadian agricultural settlements from their inception to their destruction in 1755.

Scholars have been at best ambivalent, and at worst hostile to the …

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

Merchant Seamen, Sailortowns, And The Shaping Of U.S. Citizenship, 1843-1945, Johnathan Thayer

Dissertations, Theses, and Capstone Projects

This dissertation argues that merchant seamen, because of their inherent transience, diversity, and the unique nature of their work, occupied a marginal position in U.S. society, and that that marginalization produced a series of confrontations with shoreside people, communities, institutions, and the state, most specifically over the nature and definition of citizenship. This argument is developed through examination of a series of encounters and negotiations that merchant seamen provoked from the piers, back alleys, and boardinghouses of the nation’s “sailortowns” from the 1830s through World War II, including: 1) nineteenth century maritime ministry projects in the Port of New York …

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."

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 in Moses Maimonides’ …

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

Masters Theses, 2010-2019

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 …

Bloody Bay: Grassroots Policeways, Community Control, And Power In San Francisco And Its Hinterlands, 1846-1915, Darren A. Raspa

History ETDs

“Bloody Bay: Grassroots Policeways, Community Control, and Power in San Francisco and its Hinterlands, 1846–1915” follows the history of San Francisco’s spectrum of formal and informal policing from the American takeover of California in 1846 during the U.S.–Mexico War to Police Commissioner Jesse B. Cook’s nationwide law enforcement advisory team tour in 1912 and San Francisco’s debut as the Jewel of a new American Pacific world during the Panama Pacific International Exposition in 1915. These six decades functioned as a unique period wherein a culture of popular justice and grassroots community peacekeeping were fostered. This policing environment was forged in …

How The Willowbrook Consent Decree Has Influenced Contemporary Advocacy Of Individuals With Disabilities, Kristen S. Addessi

Student Theses

The existence of the Willowbrook State School was a culmination, of over a one-hundred-year history of Western society’s attempts to provide adequate care, and treatment for individuals with disabilities. The residents housed there, suffered violations of their human and civil rights in various forms of severe abuse, neglect, and violence. Following a three-year legal battle in 1975, as a result of the travesties that occurred, the legal doctrine known as the Willowbrook Consent Decree was written. The Consent Decree was implemented to ensure that the residents’ human and civil rights are met and protected. The Willowbrook State School and the …

Lost & Found: Order In The Court -- The Party Game, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The second game in the series, Lost & Found: Order in the Court …

Wabanaki Access To Sweetgrass (Hierochloe Odorata) Within Coastal Maine's Diminishing Open Land Tradition, Amanda Marie Ellis

Electronic Theses and Dissertations

Nontimber forest products (NTFPs), refer to a class of resources (i.e. moss, fungi, mushrooms, plants, etc.) gathered in both rural and urban landscapes. NTFPs are utilized by a variety of cultures all over the world and are a critical part of medicinal, spiritual, dietary, and economic practices. In fact, some NTFP species are so critical to people that they are considered ‘cultural keystone species’ (Garibaldi and Turner 2004). This designation means that without access to the NTFP, cultural survival is at risk. This is the case in Maine where the Wabanaki, a confederacy of four tribes (Passamaqouddy, Penobscot, Mikmaq, and …

French Women In Art: Reclaiming The Body Through Creation/Les Femmes Artistes Françaises : La Réclamation Du Corps À Travers La Création, Liatris Hethcoat

Student Scholar Symposium Abstracts and Posters

The research I have conducted for my French Major Senior Thesis is a culmination of my passion for and studies of both French language and culture and the history and practice of Visual Arts. I have examined, across the history of art, the representation of women, and concluded that until the 20^th century, these representations have been tools employed by the makers of history and those at the top of the patriarchal system, used to control women’s images and thus women themselves. I survey these representations, which are largely created by men—until the 20^th century. I discuss pre-historical …

An Alliance Of Ladies: Power, Public Affairs, And Class Construction In Early National New York City, Alisa J. Wade

Dissertations, Theses, and Capstone Projects

The dissertation studies elite women’s political consciousness in New York City between 1783 and 1815, contextualizing women’s position within the city’s social strata and the rise of market capitalism in the post-Revolutionary era. In a period of deferential politics, women within the leadership class played a unique role in remodeling the structure of republican government and determining who belonged within it. Building on the foundation of learned femininity, they constructed the etiquette that undergirded men’s political careers and oversaw the marriage market. They mediated divisions between new merchant capital and more established landed wealth, reinforcing dynastic stability. Moreover, they were …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

Hibakusha And The Japanese Supreme Court: Judgement Long Overdue, Timothy J. Duefrane

History Undergraduate Theses

On August 6 and 9 1945 the United States dropped the first atomic bombs on the cities of Hiroshima and Nagasaki. Survivors of the attacks, who were exposed to atomic radiation, have come to be known by the Japanese term for an atomic bomb survivor, hibakusha. The fight against the violations of hibakusha rights due to discrimination as well as misconceptions and misinterpretations of the acts and laws for survivor welfare and support have been one long and brutal legal battle after another. The appeal cases relating to the hibakusha living outside of Japan have begun to be investigated …