Legal Commons^™

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 …

Sanctioned Silencing, Symbolic Resistance: Race, Space, And Dispossession In A Marginalized South African Community, Killian Richard Miller

Senior Projects Spring 2016

Senior Project submitted to The Division of Social Studies of Bard College

My field work and the written portion of my ethnography work through issues of marginality, state apparatuses, illusions of freedom, and making meaning in a context of oppression. All these power dynamics are historically-situated within the cultural context and community of Hangberg, a place forged by the race-based forced removals of Apartheid. British and Dutch colonization, Apartheid's racial regime, and the post-Apartheid oligarchical state, are all historical and contemporary authoritative forces that are impacting the everyday lives of people in Hangberg. Perspectives of power also serve as examples …

Department Of History Symposium Series, Featuring Dr. Edward Baptist, University Of Maine Department Of History

Cultural Affairs Distinguished Lecture Series

As the only Ph.D.-granting department int he Humanities in the entire state, the History Department at the University of Maine plays a crucial role training humanists who staff cultural organizations throughout the state, including all other UMS campuses, and many faculty and staff positions at UMaine. The October 16 Lecture will bring an expert to campus to speak about the Morrill Land Grant act and how it transformed US values for the modern era.This lecture is a keystone in CLAS and UMHC programming for the Homecoming Weekend, and it will be followed by a CLAS alumni and friends reception at …

A Howl Of Free Expression: The 1957 Howl Obscenity Trial And Sexual Liberation, Jamie L. Rehlaender

Young Historians Conference

The 1957 “Howl” obscenity trial, which covered the constitutionality of utilizing obscene words in literature, was largely influential in the development of literary free expression in America. This case centered on Allen Ginsberg’s Howl and Other Poems, a work which represented the ideals and culture of the literarily experimental and sexually promiscuous Beat Generation. The expansion of free expression can be discerned through the tolerance of these sexual implications in literature, which is documented throughout the history of sexual suppression in past censorship cases. The victory of the “Howl” obscenity trial was essential for liberating the use of sexual …

Petition Of Prisoners In Worcester Jail To Extend The Prison Yard, September 8, 1784., Elijah Isaacson, George Shayer, Jacob Ellison, Henry Chase, Jonathan Willington, Daniel Novell, Asa Danforth, Matthew Knight

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

The prisoners ask that the prison yard at Worcester jail be extended to accomodate the increasing number of prisoners.

American Indian Activism And The Rise Of Red Power, Rachael Guadagni

Graduate History Conference, UMass Boston

Recent historical scholarship has determined that the socio-political environment of post-World War II America provided the necessary catalyst for Native American activism which when combined with the socio-political atmosphere of the civil rights era lead to the development of the Red Power Movement. In the thirty or so years immediately following World War II America witnessed profound social and political change. Initial fear of communism lead to strict, pro-capitalist Indian legislation resulting in the termination of hundreds of tribes and the relocation of countless Indian people. From this same environment rose strong leaders, including many veterans, influenced by Cold War …

Sasquatch And The Law: The Implications Of Bigfoot Preservation Laws In Washington State, Joan Ilacqua

Graduate History Conference, UMass Boston

The American Pacific Northwest is characterized by its lush wilderness, mountain ranges, salmon, Starbucks coffee, and most recently, by “Portlandia”-esque hipsters. The Pacific Northwest is also the home of the elusive, and potentially bogus, Sasquatch. The first Sasquatch, or Bigfoot, story was published by pioneer missionary Elkanah Walker in 1840 and a long tradition of publishing Bigfoot stories has proliferated since. Bigfoot searches and stories culminated in the 1967 Patterson-Gimlin film of a supposed female Sasquatch, although the myth has found resurgence in modern Bigfoot hunting television shows. Whether or not the elusive Sasquatch exists, ultimately the stories serve as …

Quantitative Literacy And The Humanities, Rachel Chrastil

Faculty Scholarship

No abstract provided.

Gaman: How Japanese Americans Persevered In The Face Of Racial Injustice 1941-1988, Derek James Koehler

History

A look at the racial injustice of Japanese Americans during WWII including the internment camps and the 442nd Regimental Combat Team.

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Faculty Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Wilson R. Huhn

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo

Nick J. Sciullo

Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a lack of …

The Maine Indian Land Claim Settlement: A Personal Recollection, John M.R. Paterson

Maine History

From 1971 to 1980, the state of Maine grappled with one of the greatest legal challenges ever before it. That challenge had its origin in a suit brought by the Penobscot and Passamaquoddy tribes against the U.S. Department of the Interior seeking the seemingly simple declaration that the department owed a fiduciary duty to the tribes based on a federal law adopted in 1790. That suit was eventually to lead to a suit by the U.S. Department of Justice against the state of Maine, and potentially 350,000 residents in the eastern two-thirds of the state, seeking return of land taken …

A People's History Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

Baseball is much more than the national pastime. It has become an emblem of America itself. From its initial popularity in the mid-nineteenth century, the game has reflected national values and beliefs and promoted what it means to be an American. Stories abound that illustrate baseball's significance in eradicating racial barriers, bringing neighborhoods together, building civic pride, and creating on the field of play an instructive civics lesson for immigrants on the national character. In A People's History of Baseball, Mitchell Nathanson probes the less well-known but no less meaningful other side of baseball: episodes not involving equality, patriotism, heroism, …

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Department of History: Dissertations, Theses, and Student Research

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the most …

Chitto Harjo (Wilson Jones, Crazy Snake) 1846-1912 Creek Leader, Janet Butler Munch

Publications and Research

Chitto Harjo (1846-1912) was a leader of the Crazy Snakes, a traditionalist faction of the Creek Indians. He opposed federal incursions on reservation land, Indian lifestyles and governance structures; and fought against Allotment (individual distribution) of communal tribal lands and the loss of Creek sovereignty.

Regulating Communal Space: Mikvaot In Seventeenth-Century Altona, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

Over the course of a few years in the latter half of the seventeenth century, the community of Altona made several changes in the administration of local ritual baths. A series of entries in the communal pinkas, or logbook, elucidates how the community raised funds from mikvaot, how lay and rabbinic leaders worked together, and how communal leaders regulated ritual space both in homes and in communal space.

This presentation is for the following text(s):

• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [50])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [90])
• Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [91])

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts, …

Hanging Ebenezer Ball, William L. Welch

Maine History

Ebenezer Ball of Robbinston was the first man hanged for murder in Eastern Maine. A native of Massachusetts proper, he had drifted “downeast,” and become part of a lawless culture endemic to Maine’s borderlands in the early nineteenth century. Suspected of counterfeiting and confronted by authority ,he retreated to the woods, and a lawman died at his hands. Although he might have fled, he stayed, and was tried, convicted, and executed for murder in 1811. Ball’s case is seminal, since it gives us insight into the workings of the criminal justice system in Maine in the years prior to statehood. …

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to …

Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer

Nancy J. Knauer

The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …

The Social Construction Of Authorship: An Investigation Of Subjectivity And Rhetorical Authority In The College Writing Classroom, Johannah Rodgers

Dissertations, Theses, and Capstone Projects

Although we use the term author on a daily basis to refer to certain individuals, bodies of work, and systems of ideas, as Michel Foucault and other critics have pointed out, attempting to answer the question “What is an Author?” is by no means a simple proposition. And, starting from the position that there is no single, or definitive answer to this complex question, this dissertation seeks to contribute to the ongoing discussion of the genealogy of authorship by investigating the ways in which conceptions of the author have informed models of the writing subject in the field of rhetoric …

Jewish Women And Economic Encounters With Christians, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

R. Yair Hayyim ben Moses Samson Bacharach (1638-1702) is well-known for his knowledge of halakha and Kabbalah. Over the course of his lifetime, he served as the rabbi in several locations in the Holy Roman Empire. In these two responsa, Bacharach deals with one of the halakhic problems surrounding women’s trade with non-Jews. Such trade inevitably caused women to enter into seclusion (yihud) with non-Jews, especially since according to Jewish law, the presence of the non-Jew’s wife did not alleviate the prohibition of seclusion with a non-Jew.

This presentation is for the following text(s):

• Havvot Yair, Responsum 66
• Havvot Yair, …

How Family Wealth And Power Are Organized, Moshe Rosman

Early Modern Workshop: Resources in Jewish History

The following is a translation of Todros Kozuchowski's will. Originally written in Polish, then translated into Hebrew, the will was translated into English by Moshe Rosman.

Pennsylvania Legislation Relating To Slavery

Adams County History

The following acts have been taken, complete or in part, from the published volumes of The Statutes At Large of Pennsylvania and Laws of Pennsylvania. These extracts are not all-inclusive, but do cover the years 1725/6-1847, from the province's first general statement of the legal standing of blacks, full-blooded and mixed, and the treatment to be afforded them, up to the state's rewritten and strengthened prohibition of the kidnapping of free blacks and the seizing of fugitive slaves. Included are not only acts showing the status and the protection of slaves, whether residents or sojourners, but also those requiring resident …

Understanding Emancipation: Lincoln's Proclamation And The Overthrow Of Slavery, Allen C. Guelzo

Civil War Era Studies Faculty Publications

The most common trope that governs understanding of Abraham Lincoln and emancipation is that of progress. The variations on that trope are legion, and they include notions of Lincoln's journey toward emancipation, his growth in understanding the justice of emancipation, and his path to the Emancipation Proclamation. "Lincoln was," as Horace Greeley put it, "a growing man"; growing from a stance of moral indifference and ignorance at the time of his election in 1860 toward deep conviction about African American freedom by the time of the Emancipation Proclamation less than two years later. That was a generous sentiment, since it …

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

A Comparative Study Of The Book Of Mormon Secret Combinations And The American Mafia Organization, Ray G. Morley

Theses and Dissertations

The Book of Mormon and the Book of Moses, sacred scripture of The Church of Jesus Christ of Latter-day Saints have woven into their pages a brief history of secret combinations on the "American" continent. Secret combinations have caused the destruction of three previous civilizations that have existed on this continent.

The prophet Moroni warned the Latter-day American inhabitants that "This secret combination... shall be among you..." (Ether 8:24).

The evidence summarized in this study leads one to the conclusion that the American Mafia Organization (Cosa Nostra) is the same organization warned against in sacred scripture.