Law Commons^™

Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú

St. Mary's Law Journal

Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.

This article is the culmination of a ten-hour oral …

Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce

All Oral Histories

Dr. Margaret McGuinness was born in 1953, in Providence, Rhode Island. She went to an all-girls Catholic high school called St. Mary’s Academy Bayview in Providence where she graduated in 1971. McGuinness went on to major in American Studies and Civilization as an undergraduate at Boston University graduating with a B.A in 1975. She continued her work at Boston University where McGuinness earned a master’s of theological studies (M.T.S) focusing on Biblical and Historical Studies in 1979. She would move to New York to work on her dissertation at Union Theological Seminary finishing with her Ph.D. in 1985 concentrating on …

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Documents and Reports

Writing principally about the portion of North America border on the Pacific Ocean between the 40^th and 54^th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent. …

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Publications – Mexican

Writing principally about the portion of North America border on the Pacific Ocean between the 40^th and 54^th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent. …

1890 - Spanish Colonization In The Southwest, Frank Wilson Blackmar

Miscellaneous Publications – Spanish

This publication addressed Spanish policy relating to colonization, comparison of Spanish colonies with those of the Romans, attempts to settle California and New Mexico, the mission system, civic colonies (pueblo), presidios, presidial pueblo, and land grants to settlers.

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.

An Examination Of The Death Penalty, Alexandra N. Kremer

The Downtown Review

The death penalty, or capital punishment, is the use of execution through hanging, beheading, drowning, gas chambers, lethal injection, and electrocution among others in response to a crime. This has spurred much debate on whether it should be used for reasons such as ethics, revenge, economics, effectiveness as a deterrent, and constitutionality. Capital punishment has roots that date back to the 18^th century B.C., but, as of 2016, has been abolished in law or practice by more than two thirds of the world’s countries and several states within the United States. Here, the arguments for and against the death …

The Lost & Found Game Series: Teaching Medieval Religious Law In Context, 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 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 first game in the series is a strategy game called Lost & Found …

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …

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 …

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.

Shame: A Transnational History Of Women Policing Women, Sharon Crozier-De Rosa

Faculty of Law, Humanities and the Arts - Papers (Archive)

From the 1880s to the 1910s, novelist Marie Corelli reigned as ‘Queen of the Bestsellers’, far outselling any fellow authors of her day. As I read through her works to complete my Ph.D. on bestselling fiction and a history of women’s emotions, I could not help but be disturbed by the glaring anti-feminist sentiment infusing her writing. Corelli was certainly no supporter of votes for women, but neither, it was apparent, was she a proponent of advances in women’s education and employment.

History And The Militant Woman, Sharon Crozier-De Rosa

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Britain in 1909, militant suffragist Theresa Garnett publicly whipped politician Winston Churchill with a riding switch saying, ‘Take that, in the name of the insulted women of England’. In an inversion of gendered norms, the male Churchill was reported in the feminist paper, Votes for Women, as pale and afraid, and the female Garnett as forceful and courageous. She had undertaken ‘a piece of cool daring’. Churchill and his ‘cowardly’ government would not accept deputations of suffragists. They endorsed state violence against campaigning feminists. This man, Votes for Women declared, was a ‘statesman who has dishonoured British statesmanship by …

What Does It Mean To Belong In San Antonio? How The Battle Of The Alamo And The Cart Wars Shaped What It Means To Be American Through The Institutionalization Of Discrimination And Violence Toward Those Of Mexican Descent, Madison Endesha Sharp-Johnson

Senior Projects Spring 2018

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

"First Woman To Lead R.I. State Police Attributes Her Achievement In Part To Portuguese-American Ancestry", Sabrina Brum, Iplws Ric

Elected and Appointed Officials Project

Institute intern Sabrina Brum '19 interviewed Col. Ann C. Assumpico, 13th Superintendent of the Rhode Island State Police for the IPLWS Elected and Appointed Officials Project and authored this news article, published on July 7, 2017 by O Jornal/The Herald News of Fall River. The IPLWS is grateful for the assistance of the Rhode Island College's Office of Communications and Marketing.

"The Theories Underlying The Con Environment" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.Content from Cons and festivals dominate U.S. pop culture. The conventions serve as launching pads for new artists, entrepreneurs, and innovators. The smaller versions of these events create space to develop fan fiction, allow new artists to expose their work to interested audiences, and provide an entry point for new creative enterprises. As a cultural event and platform for expression, these events …

E G Whitlam: Reclaiming The Initiative In Australian History, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

How are we to understand the place of the Whitlam government in Australian history? My starting point is an observation that history is not only contingent but our understanding of it is nominalist. That is to say that it does not have a necessary, or natural, structure. We make, and re-make, narratives according to the way in which we arrange and re-arrange what we know about what has happened in the past. Human beings crave a satisfactory narrative to explain the past as a means of understanding the present but, in so doing, they usually have to make use of …

Genders, Sexualities And Bodies In Modern Japanese History, Vera Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

The importance of gender to the writing of the history of modern Japan is now wellestablished. We can trace a shift from ‘women’s history’, which was largely focused on making women visible in the historical narrative, to ‘gender history’. The field of gender history deploys ‘gender’ as a major conceptual tool of analysis; considers both men’s and women’s experiences; and interrogates both masculinity and femininity (Scott 1988: 42; Molony and Uno 2005: 1–35). There is a long tradition of the writing of women’s history in the Japanese language and we now have a significant body of scholarship in the English …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

The Heart Of Vincentian Higher Education, Dennis H. Holtschneider Cm.

Journal of Vincentian Social Action

It means a great deal to me to be here at St. John’s University, where I began my university service twenty-seven years ago. It has been my own great joy to spend my life in Vincentian education. Working in Vincentian Universities combines my love for the intellectual life with a desire to serve the poor that I myself received because I attended a Vincentian university in my youth. And it’s the great heart of a Vincentian university to see possibility in ALL the young. I doubt that Bishop Loughlin, whose idea that there should be a university for immigrants led …

Camden History V4 N2, Ian Willis

Ian Willis

CAMDEN HISTORY Journal of the Camden Historical Society Inc. Contents Brian Stratton - the story of a local artist 40 Linda and David van Nunen Memories of Barbering 50 Col Smith Horse History in Western Sydney: Kirkham Stud 60 Mark Latham Dairy Farmer to Young Local Historian 67 Sophie Mulley Echoes of the Appin Massacre 1816 76 Ian Willis Growing up in Camden 81 Joy Riley President's Report 2015 - 2016 86 Bob Lester Pansy, The Camden - Campbelltown Train 91 Photographs by Wayne Bearup Camden Arcade 25th Anniversary Address 97 Christos Scoufis A Personal Reflection on Local History Studies …

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …

A Riff On Billy The Kid, Richard H. Underwood

Law Faculty Scholarly Articles

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …

Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell

Faculty of Law, Humanities and the Arts - Papers (Archive)

We wrote Class Structure in Australian History in a period of heightened social struggle. It grew out of collaborative research projects at Sydney's Free U in the late 1960s. The book was distinctive in both emphasising the socialist tradition of class analysis and trying to find new paths for it. Its first edition was ignored by mass media, and often mis-interpreted in professional journals. Nevertheless it circulated widely and has continued to be a point of reference for progressive scholarship. Its method tried to carry forward the Free U project of democratic knowledge making, linking documents with analysis and inviting …

Radical History: Thinking, Writing And Engagement, Terence H. Irving, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent years, in various places and on our blog ‘Radical Sydney/Radical History’ we have written about radical history. As radical historians we seek out, explore, and celebrate the diversities of alternatives and oppositions, arguing there is a basic tension between radical history and ‘mainstream history’, a history that is constituted to prop up both capitalism and the state. We see our history as part of the struggle against capitalism and the state. In researching the past, we do not do it nostalgically, but with utilitarian, political intent, recognising that the past has the capacity to variously inspire and inform …

The Barber Who Read History And Was Overwhelmed, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

Beginning with a chance encounter in a Barber's shop whilst travelling, the author ruminates on history, and the proposition that each and everyone of us is an historian, and that in a sense we are all time travellers. Bertolt Brecht (1898-1956) is invoked, and the role of radical historians from below discussed before the author returns to his Barber shop encounter, and to Brecht. The title of the piece references Brecht's poem A Worker Reads History (1936).