Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Gettysburg College (2)
- The University of Akron (2)
- Washington and Lee University School of Law (2)
- Bucknell University (1)
- Cal Poly Humboldt (1)
-
- California Polytechnic State University, San Luis Obispo (1)
- Central Washington University (1)
- City University of New York (CUNY) (1)
- Claremont Colleges (1)
- College of the Holy Cross (1)
- Florida A&M University College of Law (1)
- Roger Williams University (1)
- SelectedWorks (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Massachusetts Boston (1)
- University of Pennsylvania Carey Law School (1)
- Western University (1)
- Publication Year
- Publication
-
- Washington and Lee Law Review Online (2)
- Adams County History (1)
- Akron Law Faculty Publications (1)
- All Faculty Scholarship (1)
- Cal Poly Humboldt theses and projects (1)
-
- Dissertations, Theses, and Capstone Projects (1)
- Electronic Thesis and Dissertation Repository (1)
- Faculty Journal Articles (1)
- Graduate Student Research Papers (1)
- Journal Publications (1)
- Life of the Law School (1993- ) (1)
- Master's Theses (1)
- Nineteenth-Century Ohio Literature (1)
- Présence Francophone: Revue internationale de langue et de littérature (1)
- Publications (1)
- Scholarly Works (1)
- Scripps Senior Theses (1)
- Student Publications (1)
- Trotter Review (1)
- Wilson R. Huhn (1)
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
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 …
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
Slavery And The Postbellum University: The Case Of Smu, Lolita Buckner Inniss, Skyler Arbuckle
Slavery And The Postbellum University: The Case Of Smu, Lolita Buckner Inniss, Skyler Arbuckle
Publications
People who practiced slavery across the United States, or engaged in slavery-related practices, were often the same civically-minded social, legal, and economic leaders who founded the nation’s first colleges and universities. There was, thus, from our earliest times, an unacknowledged but firm tie between the values and high ideals of the academy that existed in stark contraposition to the horrors of human bondage that fueled those institutions. Many North American colleges founded before the Civil War relied on money derived from the elite members of society with direct involvements in slavery. While a growing body of scholarly work discusses early …
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
Washington and Lee Law Review Online
Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …
White Saviors, Brandon Hasbrouck
White Saviors, Brandon Hasbrouck
Washington and Lee Law Review Online
It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …
Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri
Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri
Scripps Senior Theses
Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, Kayla Hardy-Butler
Nineteenth-Century Ohio Literature
Kayla Hardy-Butler presents a famous letter by Frederick Douglass, as it was published in Ohio, with the letter that prompted it. This edition also includes a summary of Maryland slave statutes from the time to better explain the day-to-day experience of slavery debated in this correspondence.
The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez
The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez
Dissertations, Theses, and Capstone Projects
The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status …
Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School Of Law
Newroom: Do Lord Remember Me: Black Church In Ri 02-21-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin
Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin
Electronic Thesis and Dissertation Repository
This dissertation examines the legal construction and development of racial difference as considered in literature written or set during the final years of American slavery. While there had consistently been a conceptual correspondence between black skin and enslavement, race or racial difference did not become the unqualified explanation of enslavement until fairly late in the institution’s history. Specifically, as slavery’s stability became increasingly threatened through the nineteenth century by abolitionism and racial slippage, race became the singular and explicit rationale for its existence and perpetuation. I argue that the primary discourse of this justificatory rationale was legal: through law race …
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis
Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis
Trotter Review
The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but I …
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
Faculty Journal Articles
By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
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
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 …
A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis
A Snitch In Time: An Historical Sketch Of Black Informing During Slavery, Andrea L. Dennis
Scholarly Works
This article sketches the socio-legal creation, use, and regulation of informants in the Black community during slavery and the Black community’s response at that time. Despite potentially creating benefits such as crime control and sentence reduction, some Blacks today are convinced that cooperation with government investigations and prosecutions should be avoided. One factor contributing to this perspective is America’s reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights Movement, and the Wars on Drugs, Crime and Gangs. Notwithstanding this historical justification for non-cooperation, only a few informant law and policy scholars have examined closely …
Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj
Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj
Présence Francophone: Revue internationale de langue et de littérature
The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …
Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr
Journal Publications
This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …
Pennsylvania Legislation Relating To Slavery
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 …
A Survey Of American Negro Slavery As Seen In Its Legal Aspects, Mona M. Webb
A Survey Of American Negro Slavery As Seen In Its Legal Aspects, Mona M. Webb
Graduate Student Research Papers
This paper presents a limited study of the legal basis for slavery in pre-civil war United States laws.