Legal Commons^™

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

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.

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 …

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.

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

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

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 …

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck

Genocide Studies and Prevention: An International Journal

The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule. His job …

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

Media Collection

No abstract provided.

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

Media Collection

No abstract provided.

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

Media Collection

No abstract provided.

Candidate Forum: County Clerk, Brad Stacy

Media Collection

No abstract provided.

Race For County Clerk Including Gay Man Denied Marriage License By Kim Davis Gets Lots Of Attention, Weku

Media Collection

No abstract provided.

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

Media Collection

No abstract provided.

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

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.

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.

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

Media Collection

No abstract provided.

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …